Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì726990CÎ726990                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/F/2R          .                                
             03/03/2018 06:04 PM       .                                
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       Senator Lee moved the following:
       
    1         Senate Substitute for Amendment (234288) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. This act may be cited as the “Marjory Stoneman
    7  Douglas High School Public Safety Act.”
    8         Section 2. The Legislature finds there is a need to
    9  comprehensively address the crisis of gun violence, including
   10  but not limited to, gun violence on school campuses. The
   11  Legislature intends to address this crisis by providing law
   12  enforcement and the courts with the tools to enhance public
   13  safety by temporarily restricting firearm possession by a person
   14  who is undergoing a mental health crisis and when there is
   15  evidence of a threat of violence, and by promoting school safety
   16  and enhanced coordination between education and law enforcement
   17  entities at the state and local level.
   18         Section 3. Paragraph (d) is added to subsection (5) of
   19  section 16.555, Florida Statutes, to read:
   20         16.555 Crime Stoppers Trust Fund; rulemaking.—
   21         (5)
   22         (d)Grants may be awarded to fund student crime watch
   23  programs pursuant to s. 1006.07(3).
   24         Section 4. Paragraph (j) is added to subsection (3) of
   25  section 20.15, Florida Statutes, to read:
   26         20.15 Department of Education.—There is created a
   27  Department of Education.
   28         (3) DIVISIONS.—The following divisions of the Department of
   29  Education are established:
   30         (j) The Office of Safe Schools.
   31         Section 5. Paragraph (c) of subsection (9) of section
   32  121.091, Florida Statutes, is amended, and paragraph (f) is
   33  added to that subsection to read:
   34         121.091 Benefits payable under the system.—Benefits may not
   35  be paid under this section unless the member has terminated
   36  employment as provided in s. 121.021(39)(a) or begun
   37  participation in the Deferred Retirement Option Program as
   38  provided in subsection (13), and a proper application has been
   39  filed in the manner prescribed by the department. The department
   40  may cancel an application for retirement benefits when the
   41  member or beneficiary fails to timely provide the information
   42  and documents required by this chapter and the department’s
   43  rules. The department shall adopt rules establishing procedures
   44  for application for retirement benefits and for the cancellation
   45  of such application when the required information or documents
   46  are not received.
   47         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   48         (c) Any person whose retirement is effective on or after
   49  July 1, 2010, or whose participation in the Deferred Retirement
   50  Option Program terminates on or after July 1, 2010, who is
   51  retired under this chapter, except under the disability
   52  retirement provisions of subsection (4) or as provided in s.
   53  121.053, may be reemployed by an employer that participates in a
   54  state-administered retirement system and receive retirement
   55  benefits and compensation from that employer. However, a person
   56  may not be reemployed by an employer participating in the
   57  Florida Retirement System before meeting the definition of
   58  termination in s. 121.021 and may not receive both a salary from
   59  the employer and retirement benefits for 6 calendar months after
   60  meeting the definition of termination, except as provided in
   61  paragraph (f). However, a DROP participant shall continue
   62  employment and receive a salary during the period of
   63  participation in the Deferred Retirement Option Program, as
   64  provided in subsection (13).
   65         1. The reemployed retiree may not renew membership in the
   66  Florida Retirement System, except as provided in s. 121.122.
   67         2. The employer shall pay retirement contributions in an
   68  amount equal to the unfunded actuarial liability portion of the
   69  employer contribution that would be required for active members
   70  of the Florida Retirement System in addition to the
   71  contributions required by s. 121.76.
   72         3. A retiree initially reemployed in violation of this
   73  paragraph and an employer that employs or appoints such person
   74  are jointly and severally liable for reimbursement of any
   75  retirement benefits paid to the retirement trust fund from which
   76  the benefits were paid, including the Florida Retirement System
   77  Trust Fund and the Public Employee Optional Retirement Program
   78  Trust Fund, as appropriate. The employer must have a written
   79  statement from the employee that he or she is not retired from a
   80  state-administered retirement system. Retirement benefits shall
   81  remain suspended until repayment is made. Benefits suspended
   82  beyond the end of the retiree’s 6-month reemployment limitation
   83  period shall apply toward the repayment of benefits received in
   84  violation of this paragraph.
   85         (f)A retired law enforcement officer may be reemployed as
   86  a school resource officer by an employer that participates in
   87  the Florida Retirement System and receive compensation from that
   88  employer and retirement benefits after meeting the definition of
   89  termination in s. 121.021, but may not receive both a salary
   90  from the employer and retirement benefits for 6 calendar months
   91  immediately subsequent to the date of retirement. The reemployed
   92  retired law enforcement officer may not renew membership in the
   93  Florida Retirement System, except as provided in s. 121.122.
   94         Section 6. Paragraphs (c) and (d) of subsection (2) of
   95  section 394.463, Florida Statutes, are amended to read:
   96         394.463 Involuntary examination.—
   97         (2) INVOLUNTARY EXAMINATION.—
   98         (c) A law enforcement officer acting in accordance with an
   99  ex parte order issued pursuant to this subsection may:
  100         1. Serve and execute such order on any day of the week, at
  101  any time of the day or night; and
  102         2. Use such reasonable physical force as is necessary to
  103  gain entry to the premises, and any dwellings, buildings, or
  104  other structures located on the premises, and take custody of
  105  the person who is the subject of the ex parte order. When
  106  practicable, a law enforcement officer who has received crisis
  107  intervention team (CIT) training shall be assigned to serve and
  108  execute the ex parte order.
  109         (d)1. A law enforcement officer taking custody of a person
  110  under this subsection may seize and hold a firearm or any
  111  ammunition the person possesses at the time of taking him or her
  112  into custody if the person poses a potential danger to himself
  113  or herself or others and has made a credible threat of violence
  114  against another person.
  115         2.If the law enforcement officer takes custody of the
  116  person at the person’s residence and the criteria in
  117  subparagraph 1. have been met, the law enforcement officer may
  118  seek the voluntary surrender of firearms or ammunition kept in
  119  the residence which have not already been seized under
  120  subparagraph 1. If such firearms or ammunition are not
  121  voluntarily surrendered, or if the person has other firearms or
  122  ammunition that were not seized or voluntarily surrendered when
  123  he or she was taken into custody, a law enforcement officer may
  124  petition the appropriate court under s. 790.401 for a risk
  125  protection order against the person.
  126         3. Firearms or ammunition seized or voluntarily surrendered
  127  under this paragraph must be made available for return no later
  128  than 24 hours after the person taken into custody can document
  129  that he or she is no longer subject to involuntary examination
  130  and has been released or discharged from any inpatient or
  131  involuntary outpatient treatment provided or ordered under
  132  paragraph (g), unless a risk protection order entered under s.
  133  790.401 directs the law enforcement agency to hold the firearms
  134  or ammunition for a longer period or the person is subject to a
  135  firearm purchase disability under s. 790.065(2), or a firearm
  136  possession and firearm ownership disability under s. 790.064.
  137  The process for the actual return of firearms or ammunition
  138  seized or voluntarily surrendered under this paragraph may not
  139  take longer than 7 days.
  140         4. Law enforcement agencies must develop policies and
  141  procedures relating to the seizure, storage, and return of
  142  firearms or ammunition held under this paragraph. A law
  143  enforcement officer acting in accordance with an ex parte order
  144  issued pursuant to this subsection may use such reasonable
  145  physical force as is necessary to gain entry to the premises,
  146  and any dwellings, buildings, or other structures located on the
  147  premises, and to take custody of the person who is the subject
  148  of the ex parte order.
  149         Section 7. Section 394.495, Florida Statutes, is amended to
  150  read:
  151         394.495 Child and adolescent mental health system of care;
  152  programs and services.—
  153         (1) The department shall establish, within available
  154  resources, an array of services to meet the individualized
  155  service and treatment needs of children and adolescents who are
  156  members of the target populations specified in s. 394.493, and
  157  of their families. It is the intent of the Legislature that a
  158  child or adolescent may not be admitted to a state mental health
  159  facility and such a facility may not be included within the
  160  array of services.
  161         (2) The array of services must include assessment services
  162  that provide a professional interpretation of the nature of the
  163  problems of the child or adolescent and his or her family;
  164  family issues that may impact the problems; additional factors
  165  that contribute to the problems; and the assets, strengths, and
  166  resources of the child or adolescent and his or her family. The
  167  assessment services to be provided shall be determined by the
  168  clinical needs of each child or adolescent. Assessment services
  169  include, but are not limited to, evaluation and screening in the
  170  following areas:
  171         (a) Physical and mental health for purposes of identifying
  172  medical and psychiatric problems.
  173         (b) Psychological functioning, as determined through a
  174  battery of psychological tests.
  175         (c) Intelligence and academic achievement.
  176         (d) Social and behavioral functioning.
  177         (e) Family functioning.
  178  
  179  The assessment for academic achievement is the financial
  180  responsibility of the school district. The department shall
  181  cooperate with other state agencies and the school district to
  182  avoid duplicating assessment services.
  183         (3) Assessments must be performed by:
  184         (a) A professional as defined in s. 394.455(5), (7), (32),
  185  (35), or (36);
  186         (b) A professional licensed under chapter 491; or
  187         (c) A person who is under the direct supervision of a
  188  qualified professional as defined in s. 394.455(5), (7), (32),
  189  (35), or (36) or a professional licensed under chapter 491.
  190         (4) The array of services may include, but is not limited
  191  to:
  192         (a) Prevention services.
  193         (b) Home-based services.
  194         (c) School-based services.
  195         (d) Family therapy.
  196         (e) Family support.
  197         (f) Respite services.
  198         (g) Outpatient treatment.
  199         (h) Day treatment.
  200         (i) Crisis stabilization.
  201         (j) Therapeutic foster care.
  202         (k) Residential treatment.
  203         (l) Inpatient hospitalization.
  204         (m) Case management.
  205         (n) Services for victims of sex offenses.
  206         (o) Transitional services.
  207         (p) Trauma-informed services for children who have suffered
  208  sexual exploitation as defined in s. 39.01(71)(g).
  209         (5) In order to enhance collaboration between agencies and
  210  to facilitate the provision of services by the child and
  211  adolescent mental health treatment and support system and the
  212  school district, the local child and adolescent mental health
  213  system of care shall include the local educational multiagency
  214  network for severely emotionally disturbed students specified in
  215  s. 1006.04.
  216         (6)The department shall contract for community action
  217  treatment teams throughout the state with the managing entities.
  218  A community action treatment team shall:
  219         (a)Provide community-based behavioral health and support
  220  services to children from 11 to 13 years of age, adolescents,
  221  and young adults from 18 to 21 years of age with serious
  222  behavioral health conditions who are at risk of out-of-home
  223  placement as demonstrated by:
  224         1.Repeated failures at less intensive levels of care;
  225         2.Two or more behavioral health hospitalizations;
  226         3.Involvement with the Department of Juvenile Justice;
  227         4.A history of multiple episodes involving law
  228  enforcement; or
  229         5.A record of poor academic performance or suspensions.
  230  
  231  Children younger than 11 years of age who otherwise meet the
  232  criteria in this paragraph may be candidates for such services
  233  if they demonstrate two or more of the characteristics listed in
  234  subparagraph 1.-5.
  235         (b)Use an integrated service delivery approach to
  236  comprehensively address the needs of the child, adolescent, or
  237  young adult and strengthen his or her family and support systems
  238  to assist the child, adolescent, or young adult to live
  239  successfully in the community. A community action treatment team
  240  shall address the therapeutic needs of the child, adolescent, or
  241  young adult receiving services and assist parents and caregivers
  242  in obtaining services and support. The community action
  243  treatment team shall make referrals to specialized treatment
  244  providers if necessary, with follow up by the community action
  245  treatment team to ensure services are received.
  246         (c)Focus on engaging the child, adolescent, or young adult
  247  and his or her family as active participants in every phase of
  248  the treatment process. Community action treatment teams shall be
  249  available to the child, adolescent, or young adult and his or
  250  her family at all times.
  251         (d)Coordinate with other key entities providing services
  252  and supports to the child, adolescent, or young adult and his or
  253  her family, including, but not limited to, the child’s,
  254  adolescent’s, or young adult’s school, the local educational
  255  multiagency network for severely emotionally disturbed students
  256  under s. 1006.04, the child welfare system, and the juvenile
  257  justice system. Community action treatment teams shall also
  258  coordinate with the managing entity in their service location.
  259         (e)1.Subject to appropriations and at a minimum,
  260  individually serve each of the following counties or regions:
  261         a.Alachua.
  262         b.Alachua, Columbia, Dixie, Hamilton, Lafayette, and
  263  Suwannee.
  264         c.Bay.
  265         d.Brevard.
  266         e.Collier.
  267         f.DeSoto and Sarasota.
  268         g.Duval.
  269         h.Escambia.
  270         i.Hardee, Highlands, and Polk.
  271         j.Hillsborough.
  272         k.Indian River, Martin, Okeechobee, and St. Lucie.
  273         l.Lake and Sumter.
  274         m.Lee.
  275         n.Manatee.
  276         o.Marion.
  277         p.Miami-Dade.
  278         q.Okaloosa.
  279         r.Orange.
  280         s.Palm Beach.
  281         t.Pasco.
  282         u.Pinellas.
  283         v.Walton.
  284         2.Subject to appropriations, the department shall contract
  285  for additional teams through the managing entities to ensure the
  286  availability of community action treatment team services in the
  287  remaining areas of the state.
  288         Section 8. Effective October 1, 2018, section 790.222,
  289  Florida Statutes, is created to read:
  290         790.222Bump-fire stocks prohibited.—A person may not
  291  import into this state or transfer, distribute, sell, keep for
  292  sale, offer for sale, possess, or give to another person a bump
  293  fire stock. A person who violates this section commits a felony
  294  of the third degree, punishable as provided in s. 775.082, s.
  295  775.083, or s. 775.084. As used in this section, the term “bump
  296  fire stock” means a conversion kit, a tool, an accessory, or a
  297  device used to alter the rate of fire of a firearm to mimic
  298  automatic weapon fire or which is used to increase the rate of
  299  fire to a faster rate than is possible for a person to fire such
  300  semiautomatic firearm unassisted by a kit, a tool, an accessory,
  301  or a device.
  302         Section 9. Section 790.064, Florida Statutes, is created to
  303  read:
  304         790.064 Firearm possession and firearm ownership
  305  disability.
  306         (1) A person who has been adjudicated mentally defective or
  307  who has been committed to a mental institution, as those terms
  308  are defined in s. 790.065(2), may not own a firearm or possess a
  309  firearm until relief from the firearm possession and firearm
  310  ownership disability is obtained.
  311         (2) The firearm possession and firearm ownership disability
  312  runs concurrently with the firearm purchase disability provided
  313  in s. 790.065(2).
  314         (3) A person may petition the court that made the
  315  adjudication or commitment, or that ordered that the record be
  316  submitted to the Department of Law Enforcement pursuant to s.
  317  790.065(2), for relief from the firearm possession and firearm
  318  ownership disability.
  319         (4) The person seeking relief must follow the procedures
  320  set forth in s. 790.065(2) for obtaining relief from the firearm
  321  purchase disability in seeking relief from the firearm
  322  possession and firearm ownership disability.
  323         (5) The person may seek relief from the firearm possession
  324  and firearm ownership disability simultaneously with the relief
  325  being sought from the firearm purchase disability, if such
  326  relief is sought, pursuant to the procedure set forth in s.
  327  790.065(2).
  328         Section 10. (1)Section 790.401, Florida Statutes, is
  329  intended to temporarily prevent individuals who are at high risk
  330  of harming themselves or others from accessing firearms or
  331  ammunition by allowing law enforcement officers to obtain a
  332  court order when there is demonstrated evidence that a person
  333  poses a significant danger to himself or herself or others,
  334  including significant danger as a result of a mental health
  335  crisis or violent behavior.
  336         (2)The purpose and intent of s. 790.401, Florida Statutes,
  337  is to reduce deaths and injuries as a result of certain
  338  individuals’ use of firearms while respecting constitutional
  339  rights by providing a judicial procedure for law enforcement
  340  officers to obtain a court order temporarily restricting a
  341  person’s access to firearms and ammunition. The process
  342  established by s. 790.401, Florida Statutes, is intended to
  343  apply only to situations in which the person poses a significant
  344  danger of harming himself or herself or others by possessing a
  345  firearm or ammunition and to include standards and safeguards to
  346  protect the rights of respondents and due process of law.
  347         Section 11. Section 790.401, Florida Statutes, may be cited
  348  as “The Risk Protection Order Act.”
  349         Section 12. Section 790.401, Florida Statutes, is created
  350  to read:
  351         790.401 Risk protection orders.—
  352         (1)DEFINITIONS.—As used in this section, the term:
  353         (a)“Petitioner” means a law enforcement officer or a law
  354  enforcement agency that petitions a court for a risk protection
  355  order under this section.
  356         (b)“Respondent” means the individual who is identified as
  357  the respondent in a petition filed under this section.
  358         (c)“Risk protection order” means a temporary ex parte
  359  order or a final order granted under this section.
  360         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
  361  an action known as a petition for a risk protection order.
  362         (a)A petition for a risk protection order may be filed by
  363  a law enforcement officer or law enforcement agency.
  364         (b)An action under this section must be filed in the
  365  county where the petitioner’s law enforcement office is located
  366  or the county where the respondent resides.
  367         (c) Such petition for a risk protection order does not
  368  require either party to be represented by an attorney.
  369         (d) Notwithstanding any other law, attorney fees may not be
  370  awarded in any proceeding under this section.
  371         (e)A petition must:
  372         1.Allege that the respondent poses a significant danger of
  373  causing personal injury to himself or herself or others by
  374  having a firearm or any ammunition in his or her custody or
  375  control or by purchasing, possessing, or receiving a firearm or
  376  any ammunition, and must be accompanied by an affidavit made
  377  under oath stating the specific statements, actions, or facts
  378  that give rise to a reasonable fear of significant dangerous
  379  acts by the respondent;
  380         2.Identify the quantities, types, and locations of all
  381  firearms and ammunition the petitioner believes to be in the
  382  respondent’s current ownership, possession, custody, or control;
  383  and
  384         3.Identify whether there is a known existing protection
  385  order governing the respondent under s. 741.30, s. 784.046, or
  386  s. 784.0485 or under any other applicable statute.
  387         (f)The petitioner must make a good faith effort to provide
  388  notice to a family or household member of the respondent and to
  389  any known third party who may be at risk of violence. The notice
  390  must state that the petitioner intends to petition the court for
  391  a risk protection order or has already done so and must include
  392  referrals to appropriate resources, including mental health,
  393  domestic violence, and counseling resources. The petitioner must
  394  attest in the petition to having provided such notice or must
  395  attest to the steps that will be taken to provide such notice.
  396         (g)The petitioner must list the address of record on the
  397  petition as being where the appropriate law enforcement agency
  398  is located.
  399         (h)A court or a public agency may not charge fees for
  400  filing or for service of process to a petitioner seeking relief
  401  under this section and must provide the necessary number of
  402  certified copies, forms, and instructional brochures free of
  403  charge.
  404         (i)A person is not required to post a bond to obtain
  405  relief in any proceeding under this section.
  406         (j)The circuit courts of this state have jurisdiction over
  407  proceedings under this section.
  408         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  409         (a)Upon receipt of a petition, the court must order a
  410  hearing to be held no later than 14 days after the date of the
  411  order and must issue a notice of hearing to the respondent for
  412  the same.
  413         1.The clerk of the court shall cause a copy of the notice
  414  of hearing and petition to be forwarded on or before the next
  415  business day to the appropriate law enforcement agency for
  416  service upon the respondent as provided in subsection (5).
  417         2.The court may, as provided in subsection (4), issue a
  418  temporary ex parte risk protection order pending the hearing
  419  ordered under this subsection. Such temporary ex parte order
  420  must be served concurrently with the notice of hearing and
  421  petition as provided in subsection (5).
  422         3.The court may conduct a hearing by telephone pursuant to
  423  a local court rule to reasonably accommodate a disability or
  424  exceptional circumstances. The court must receive assurances of
  425  the petitioner’s identity before conducting a telephonic
  426  hearing.
  427         (b)Upon notice and a hearing on the matter, if the court
  428  finds by clear and convincing evidence that the respondent poses
  429  a significant danger of causing personal injury to himself or
  430  herself or others by having in his or her custody or control, or
  431  by purchasing, possessing, or receiving, a firearm or any
  432  ammunition, the court must issue a risk protection order for a
  433  period that it deems appropriate, up to and including but not
  434  exceeding 12 months.
  435         (c)In determining whether grounds for a risk protection
  436  order exist, the court may consider any relevant evidence,
  437  including, but not limited to, any of the following:
  438         1.A recent act or threat of violence by the respondent
  439  against himself or herself or others, whether or not such
  440  violence or threat of violence involves a firearm.
  441         2.An act or threat of violence by the respondent within
  442  the past 12 months, including, but not limited to, acts or
  443  threats of violence by the respondent against himself or herself
  444  or others.
  445         3.Evidence of the respondent being seriously mentally ill
  446  or having recurring mental health issues.
  447         4.A violation by the respondent of a risk protection order
  448  or a no contact order issued under s. 741.30, s. 784.046, or s.
  449  784.0485.
  450         5.A previous or existing risk protection order issued
  451  against the respondent.
  452         6.A violation of a previous or existing risk protection
  453  order issued against the respondent.
  454         7.Whether the respondent, in this state or any other
  455  state, has been convicted of, had adjudication withheld on, or
  456  pled nolo contendere to a crime that constitutes domestic
  457  violence as defined in s. 741.28.
  458         8.The respondent’s ownership of, access to, or intent to
  459  possess firearms or ammunition.
  460         9.The unlawful or reckless use, display, or brandishing of
  461  a firearm by the respondent.
  462         10.The recurring use of, or threat to use, physical force
  463  by the respondent against another person or the respondent
  464  stalking another person.
  465         11.Whether the respondent, in this state or any other
  466  state, has been arrested for, convicted of, had adjudication
  467  withheld on, or pled nolo contendere to a crime involving
  468  violence or a threat of violence.
  469         12.Corroborated evidence of the abuse of controlled
  470  substances or alcohol by the respondent.
  471         13.Evidence of recent acquisition of firearms or
  472  ammunition by the respondent.
  473         14. Any relevant information from family and household
  474  members concerning the respondent.
  475         15. Witness testimony, taken while the witness is under
  476  oath, relating to the matter before the court.
  477         (d)A person, including an officer of the court, who offers
  478  evidence or recommendations relating to the cause of action
  479  either must present the evidence or recommendations in writing
  480  to the court with copies to each party and his or her attorney,
  481  if one is retained, or must present the evidence under oath at a
  482  hearing at which all parties are present.
  483         (e)In a hearing under this section, the rules of evidence
  484  apply to the same extent as in a domestic violence injunction
  485  proceeding under s. 741.30.
  486         (f)During the hearing, the court must consider whether a
  487  mental health evaluation or chemical dependency evaluation is
  488  appropriate and, if such determination is made, may order such
  489  evaluations, if appropriate.
  490         (g)A risk protection order must include all of the
  491  following:
  492         1.A statement of the grounds supporting the issuance of
  493  the order;
  494         2.The date the order was issued;
  495         3.The date the order ends;
  496         4.Whether a mental health evaluation or chemical
  497  dependency evaluation of the respondent is required;
  498         5.The address of the court in which any responsive
  499  pleading should be filed;
  500         6.A description of the requirements for the surrender of
  501  all firearms and ammunition that the respondent owns, under
  502  subsection (7); and
  503         7.The following statement:
  504  
  505  “To the subject of this protection order: This order will last
  506  until the date noted above. If you have not done so already, you
  507  must surrender immediately to the (insert name of local law
  508  enforcement agency) all firearms and ammunition that you own in
  509  your custody, control, or possession and any license to carry a
  510  concealed weapon or firearm issued to you under s. 790.06,
  511  Florida Statutes. You may not have in your custody or control,
  512  or purchase, possess, receive, or attempt to purchase or
  513  receive, a firearm or ammunition while this order is in effect.
  514  You have the right to request one hearing to vacate this order,
  515  starting after the date of the issuance of this order, and to
  516  request another hearing after every extension of the order, if
  517  any. You may seek the advice of an attorney as to any matter
  518  connected with this order.”
  519  
  520         (h)If the court issues a risk protection order, the court
  521  must inform the respondent that he or she is entitled to request
  522  a hearing to vacate the order in the manner provided by
  523  subsection (6). The court shall provide the respondent with a
  524  form to request a hearing to vacate.
  525         (i)If the court denies the petitioner’s request for a risk
  526  protection order, the court must state the particular reasons
  527  for the denial.
  528         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  529         (a) A petitioner may request that a temporary ex parte risk
  530  protection order be issued before a hearing for a risk
  531  protection order, without notice to the respondent, by including
  532  in the petition detailed allegations based on personal knowledge
  533  that the respondent poses a significant danger of causing
  534  personal injury to himself or herself or others in the near
  535  future by having in his or her custody or control, or by
  536  purchasing, possessing, or receiving, a firearm or ammunition.
  537         (b)In considering whether to issue a temporary ex parte
  538  risk protection order under this section, the court shall
  539  consider all relevant evidence, including the evidence described
  540  in paragraph (3)(c).
  541         (c)If a court finds there is reasonable cause to believe
  542  that the respondent poses a significant danger of causing
  543  personal injury to himself or herself or others in the near
  544  future by having in his or her custody or control, or by
  545  purchasing, possessing, or receiving, a firearm or ammunition,
  546  the court must issue a temporary ex parte risk protection order.
  547         (d)The court must hold a temporary ex parte risk
  548  protection order hearing in person or by telephone on the day
  549  the petition is filed or on the business day immediately
  550  following the day the petition is filed.
  551         (e)A temporary ex parte risk protection order must include
  552  all of the following:
  553         1.A statement of the grounds asserted for the order;
  554         2.The date the order was issued;
  555         3.The address of the court in which any responsive
  556  pleading may be filed;
  557         4.The date and time of the scheduled hearing;
  558         5.A description of the requirements for the surrender of
  559  all firearms and ammunition that the respondent owns, under
  560  subsection (7); and
  561         6.The following statement:
  562  
  563  “To the subject of this protection order: This order is valid
  564  until the date noted above. You are required to surrender all
  565  firearms and ammunition that you own in your custody, control,
  566  or possession. You may not have in your custody or control, or
  567  purchase, possess, receive, or attempt to purchase or receive, a
  568  firearm or ammunition while this order is in effect. You must
  569  surrender immediately to the (insert name of local law
  570  enforcement agency) all firearms and ammunition in your custody,
  571  control, or possession and any license to carry a concealed
  572  weapon or firearm issued to you under s. 790.06, Florida
  573  Statutes. A hearing will be held on the date and at the time
  574  noted above to determine if a risk protection order should be
  575  issued. Failure to appear at that hearing may result in a court
  576  issuing an order against you which is valid for 1 year. You may
  577  seek the advice of an attorney as to any matter connected with
  578  this order.”
  579  
  580         (f)A temporary ex parte risk protection order ends upon
  581  the hearing on the risk protection order.
  582         (g)A temporary ex parte risk protection order must be
  583  served by a law enforcement officer in the same manner as
  584  provided for in subsection (5) for service of the notice of
  585  hearing and petition and must be served concurrently with the
  586  notice of hearing and petition.
  587         (h)If the court denies the petitioner’s request for a
  588  temporary ex parte risk protection order, the court must state
  589  the particular reasons for the denial.
  590         (5) SERVICE.—
  591         (a) The clerk of the court shall furnish a copy of the
  592  notice of hearing, petition, and temporary ex parte risk
  593  protection order or risk protection order, as applicable, to the
  594  sheriff of the county where the respondent resides or can be
  595  found, who shall serve it upon the respondent as soon thereafter
  596  as possible on any day of the week and at any time of the day or
  597  night. When requested by the sheriff, the clerk of the court may
  598  transmit a facsimile copy of a temporary ex parte risk
  599  protection order or a risk protection order that has been
  600  certified by the clerk of the court, and this facsimile copy may
  601  be served in the same manner as a certified copy. Upon receiving
  602  a facsimile copy, the sheriff must verify receipt with the
  603  sender before attempting to serve it upon the respondent. The
  604  clerk of the court shall be responsible for furnishing to the
  605  sheriff information on the respondent’s physical description and
  606  location. Notwithstanding any other provision of law to the
  607  contrary, the chief judge of each circuit, in consultation with
  608  the appropriate sheriff, may authorize a law enforcement agency
  609  within the jurisdiction to effect service. A law enforcement
  610  agency effecting service pursuant to this section shall use
  611  service and verification procedures consistent with those of the
  612  sheriff. Service under this section takes precedence over the
  613  service of other documents, unless the other documents are of a
  614  similar emergency nature.
  615         (b) All orders issued, changed, continued, extended, or
  616  vacated after the original service of documents specified in
  617  paragraph (a) must be certified by the clerk of the court and
  618  delivered to the parties at the time of the entry of the order.
  619  The parties may acknowledge receipt of such order in writing on
  620  the face of the original order. If a party fails or refuses to
  621  acknowledge the receipt of a certified copy of an order, the
  622  clerk shall note on the original order that service was
  623  effected. If delivery at the hearing is not possible, the clerk
  624  shall mail certified copies of the order to the parties at the
  625  last known address of each party. Service by mail is complete
  626  upon mailing. When an order is served pursuant to this
  627  subsection, the clerk shall prepare a written certification to
  628  be placed in the court file specifying the time, date, and
  629  method of service and shall notify the sheriff.
  630         (6)TERMINATION AND EXTENSION OF ORDERS.—
  631         (a)The respondent may submit one written request for a
  632  hearing to vacate a risk protection order issued under this
  633  section, starting after the date of the issuance of the order,
  634  and may request another hearing after every extension of the
  635  order, if any.
  636         1.Upon receipt of the request for a hearing to vacate a
  637  risk protection order, the court shall set a date for a hearing.
  638  Notice of the request must be served on the petitioner in
  639  accordance with subsection (5). The hearing must occur no sooner
  640  than 14 days and no later than 30 days after the date of service
  641  of the request upon the petitioner.
  642         2.The respondent shall have the burden of proving by clear
  643  and convincing evidence that the respondent does not pose a
  644  significant danger of causing personal injury to himself or
  645  herself or others by having in his or her custody or control,
  646  purchasing, possessing, or receiving a firearm or ammunition.
  647  The court may consider any relevant evidence, including evidence
  648  of the considerations listed in paragraph (3)(c).
  649         3.If the court finds after the hearing that the respondent
  650  has met his or her burden of proof, the court must vacate the
  651  order.
  652         4. The law enforcement agency holding any firearm or
  653  ammunition or license to carry a concealed weapon or firearm
  654  that has been surrendered pursuant to this section shall be
  655  notified of the court order to vacate the risk protection order.
  656         (b)The court must notify the petitioner of the impending
  657  end of a risk protection order. Notice must be received by the
  658  petitioner at least 30 days before the date the order ends.
  659         (c)The petitioner may, by motion, request an extension of
  660  a risk protection order at any time within 30 days before the
  661  end of the order.
  662         1.Upon receipt of the motion to extend, the court shall
  663  order that a hearing be held no later than 14 days after the
  664  date the order is issued and shall schedule such hearing.
  665         a. The court may schedule a hearing by telephone in the
  666  manner provided by subparagraph (3)(a)3.
  667         b. The respondent must be personally serviced in the same
  668  manner provided by subsection (5).
  669         2.In determining whether to extend a risk protection order
  670  issued under this section, the court may consider all relevant
  671  evidence, including evidence of the considerations listed in
  672  paragraph (3)(c).
  673         3.If the court finds by clear and convincing evidence that
  674  the requirements for issuance of a risk protection order as
  675  provided in subsection (3) continue to be met, the court must
  676  extend the order. However, if, after notice, the motion for
  677  extension is uncontested and no modification of the order is
  678  sought, the order may be extended on the basis of a motion or
  679  affidavit stating that there has been no material change in
  680  relevant circumstances since entry of the order and stating the
  681  reason for the requested extension.
  682         4.The court may extend a risk protection order for a
  683  period that it deems appropriate, up to and including but not
  684  exceeding 12 months, subject to an order to vacate as provided
  685  in paragraph (a) or to another extension order by the court.
  686         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
  687         (a)Upon issuance of a risk protection order under this
  688  section, including a temporary ex parte risk protection order,
  689  the court shall order the respondent to surrender to the local
  690  law enforcement agency all firearms and ammunition owned by the
  691  respondent in the respondent’s custody, control, or possession
  692  except as provided in subsection (9), and any license to carry a
  693  concealed weapon or firearm issued under s. 790.06, held by the
  694  respondent.
  695         (b)The law enforcement officer serving a risk protection
  696  order under this section, including a temporary ex parte risk
  697  protection order, shall request that the respondent immediately
  698  surrender all firearms and ammunition owned by the respondent in
  699  his or her custody, control, or possession and any license to
  700  carry a concealed weapon or firearm issued under s. 790.06, held
  701  by the respondent. The law enforcement officer shall take
  702  possession of all firearms and ammunition owned by the
  703  respondent and any license to carry a concealed weapon or
  704  firearm issued under s. 790.06, held by the respondent, which
  705  are surrendered. Alternatively, if personal service by a law
  706  enforcement officer is not possible or is not required because
  707  the respondent was present at the risk protection order hearing,
  708  the respondent must surrender any firearms and ammunition owned
  709  by the respondent and any license to carry a concealed weapon or
  710  firearm issued under s. 790.06, held by the respondent, in a
  711  safe manner to the control of the local law enforcement agency
  712  immediately after being served with the order by service or
  713  immediately after the hearing at which the respondent was
  714  present. Notwithstanding ss. 933.02 and 933.18, a law
  715  enforcement officer may seek a search warrant from a court of
  716  competent jurisdiction to conduct a search for firearms or
  717  ammunition owned by the respondent if the officer has probable
  718  cause to believe that there are firearms or ammunition owned by
  719  the respondent in the respondent’s custody, control, or
  720  possession which have not been surrendered.
  721         (c)At the time of surrender, a law enforcement officer
  722  taking possession of any firearm or ammunition owned by the
  723  respondent, or a license to carry a concealed weapon or firearm
  724  issued under s. 790.06, held by the respondent shall issue a
  725  receipt identifying all firearms and the quantity and type of
  726  ammunition that have been surrendered, and any license
  727  surrendered and shall provide a copy of the receipt to the
  728  respondent. Within 72 hours after service of the order, the law
  729  enforcement officer serving the order shall file the original
  730  receipt with the court and shall ensure that his or her law
  731  enforcement agency retains a copy of the receipt.
  732         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
  733  statement or testimony of any person alleging that the
  734  respondent has failed to comply with the surrender of firearms
  735  or ammunition owned by the respondent, as required by an order
  736  issued under this section, the court shall determine whether
  737  probable cause exists to believe that the respondent has failed
  738  to surrender all firearms or ammunition owned by the respondent
  739  in the respondent’s custody, control, or possession. If the
  740  court finds that probable cause exists, the court must issue a
  741  warrant describing the firearms or ammunition owned by the
  742  respondent and authorizing a search of the locations where the
  743  firearms or ammunition owned by the respondent are reasonably
  744  believed to be found and the seizure of any firearms or
  745  ammunition owned by the respondent discovered pursuant to such
  746  search.
  747         (e)If a person other than the respondent claims title to
  748  any firearms or ammunition surrendered pursuant to this section
  749  and he or she is determined by the law enforcement agency to be
  750  the lawful owner of the firearm or ammunition, the firearm or
  751  ammunition shall be returned to him or her, if:
  752         1.The lawful owner agrees to store the firearm or
  753  ammunition in a manner such that the respondent does not have
  754  access to or control of the firearm or ammunition.
  755         2.The firearm or ammunition is not otherwise unlawfully
  756  possessed by the owner.
  757         (f)Upon the issuance of a risk protection order, the court
  758  shall order a new hearing date and require the respondent to
  759  appear no later than 3 business days after the issuance of the
  760  order. The court shall require proof that the respondent has
  761  surrendered any firearms or ammunition owned by the respondent
  762  in the respondent’s custody, control, or possession. The court
  763  may cancel the hearing upon a satisfactory showing that the
  764  respondent is in compliance with the order.
  765         (g)All law enforcement agencies must develop policies and
  766  procedures regarding the acceptance, storage, and return of
  767  firearms, ammunition, or licenses required to be surrendered
  768  under this section.
  769         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  770         (a)If a risk protection order is vacated or ends without
  771  extension, a law enforcement agency holding a firearm or any
  772  ammunition owned by the respondent or a license to carry a
  773  concealed weapon or firearm issued under s. 790.06, held by the
  774  respondent, that has been surrendered or seized pursuant to this
  775  section must return such surrendered firearm, ammunition, or
  776  license to carry a concealed weapon or firearm issued under s.
  777  790.06, as requested by a respondent only after confirming
  778  through a background check that the respondent is currently
  779  eligible to own or possess firearms and ammunition under federal
  780  and state law and after confirming with the court that the risk
  781  protection order has been vacated or has ended without
  782  extension.
  783         (b) If a risk protection order is vacated or ends without
  784  extension, the Department of Agriculture and Consumer Services,
  785  if it has suspended a license to carry a concealed weapon or
  786  firearm pursuant to this section, must reinstate such license
  787  only after confirming that the respondent is currently eligible
  788  to have a license to carry a concealed weapon or firearm
  789  pursuant to s. 790.06.
  790         (c)A law enforcement agency must provide notice to any
  791  family or household members of the respondent before the return
  792  of any surrendered firearm and ammunition owned by the
  793  respondent.
  794         (d)Any firearm and ammunition surrendered by a respondent
  795  pursuant to subsection (7) which remains unclaimed for 1 year by
  796  the lawful owner after an order to vacate the risk protection
  797  order shall be disposed of in accordance with the law
  798  enforcement agency’s policies and procedures for the disposal of
  799  firearms in police custody.
  800         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
  801  elect to transfer all firearms and ammunition owned by the
  802  respondent that have been surrendered to or seized by a local
  803  law enforcement agency pursuant to subsection (7) to another
  804  person who is willing to receive the respondent’s firearms and
  805  ammunition. The law enforcement agency must allow such a
  806  transfer only if it is determined that the chosen recipient:
  807         (a) Currently is eligible to own or possess a firearm and
  808  ammunition under federal and state law after confirmation
  809  through a background check;
  810         (b) Attests to storing the firearms and ammunition in a
  811  manner such that the respondent does not have access to or
  812  control of the firearms and ammunition until the risk protection
  813  order against the respondent is vacated or ends without
  814  extension; and
  815         (c) Attests not to transfer the firearms or ammunition back
  816  to the respondent until the risk protection order against the
  817  respondent is vacated or ends without extension.
  818         (10) REPORTING OF ORDERS.—
  819         (a) Within 24 hours after issuance, the clerk of the court
  820  shall enter any risk protection order or temporary ex parte risk
  821  protection order issued under this section into the uniform case
  822  reporting system.
  823         (b)Within 24 hours after issuance, the clerk of the court
  824  shall forward a copy of an order issued under this section to
  825  the appropriate law enforcement agency specified in the order.
  826  Upon receipt of the copy of the order, the law enforcement
  827  agency shall enter the order into the Florida Crime Information
  828  Center and National Crime Information Center. The order must
  829  remain in each system for the period stated in the order, and
  830  the law enforcement agency may only remove an order from the
  831  systems which has ended or been vacated. Entry of the order into
  832  the Florida Crime Information Center and National Crime
  833  Information Center constitutes notice to all law enforcement
  834  agencies of the existence of the order. The order is fully
  835  enforceable in any county in this state.
  836         (c)The issuing court shall, within 3 business days after
  837  issuance of a risk protection order or temporary ex parte risk
  838  protection order, forward all available identifying information
  839  concerning the respondent, along with the date of order
  840  issuance, to the Department of Agriculture and Consumer
  841  Services. Upon receipt of the information, the department shall
  842  determine if the respondent has a license to carry a concealed
  843  weapon or firearm. If the respondent does have a license to
  844  carry a concealed weapon or firearm, the department must
  845  immediately suspend the license.
  846         (d)If a risk protection order is vacated before its end
  847  date, the clerk of the court shall, on the day of the order to
  848  vacate, forward a copy of the order to the Department of
  849  Agriculture and Consumer Services and the appropriate law
  850  enforcement agency specified in the order to vacate. Upon
  851  receipt of the order, the law enforcement agency shall promptly
  852  remove the order from any computer-based system in which it was
  853  entered pursuant to paragraph (b).
  854         (11)PENALTIES.—
  855         (a)A person who makes a false statement, which he or she
  856  does not believe to be true, under oath in a hearing under this
  857  this section in regard to any material matter commits a felony
  858  of the third degree, punishable as provided in s. 775.082, s.
  859  775.083, or s. 775.084.
  860         (b) A person who has in his or her custody or control a
  861  firearm or any ammunition or who purchases, possesses, or
  862  receives a firearm or any ammunition with knowledge that he or
  863  she is prohibited from doing so by an order issued under this
  864  section commits a felony of the third degree, punishable as
  865  provided in s. 775.082, s. 775.083, or s. 775.084.
  866         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  867  does not affect the ability of a law enforcement officer to
  868  remove a firearm or ammunition or license to carry a concealed
  869  weapon or concealed firearm from any person or to conduct any
  870  search and seizure for firearms or ammunition pursuant to other
  871  lawful authority.
  872         (13)LIABILITY.—Except as provided in subsection (8) or
  873  subsection (11), this section does not impose criminal or civil
  874  liability on any person or entity for acts or omissions related
  875  to obtaining a risk protection order or temporary ex parte risk
  876  protection order, including, but not limited to, providing
  877  notice to the petitioner, a family or household member of the
  878  respondent, and any known third party who may be at risk of
  879  violence or failure to provide such notice, or reporting,
  880  declining to report, investigating, declining to investigate,
  881  filing, or declining to file, a petition under this section.
  882         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
  883         (a)The Office of the State Courts Administrator shall
  884  develop and prepare instructions and informational brochures,
  885  standard petitions and risk protection order forms, and a court
  886  staff handbook on the risk protection order process. The
  887  standard petition and order forms must be used after January 1,
  888  2019, for all petitions filed and orders issued pursuant to this
  889  section. The office shall determine the significant non-English
  890  speaking or limited English-speaking populations in the state
  891  and prepare the instructions and informational brochures and
  892  standard petitions and risk protection order forms in such
  893  languages. The instructions, brochures, forms, and handbook must
  894  be prepared in consultation with interested persons, including
  895  representatives of gun violence prevention groups, judges, and
  896  law enforcement personnel. Materials must be based on best
  897  practices and must be available online to the public.
  898         1.The instructions must be designed to assist petitioners
  899  in completing the petition and must include a sample of a
  900  standard petition and order for protection forms.
  901         2.The instructions and standard petition must include a
  902  means for the petitioner to identify, with only layman’s
  903  knowledge, the firearms or ammunition the respondent may own,
  904  possess, receive, or have in his or her custody or control. The
  905  instructions must provide pictures of types of firearms and
  906  ammunition that the petitioner may choose from to identify the
  907  relevant firearms or ammunition, or must provide an equivalent
  908  means to allow petitioners to identify firearms or ammunition
  909  without requiring specific or technical knowledge regarding the
  910  firearms or ammunition.
  911         3.The informational brochure must describe the use of and
  912  the process for obtaining, extending, and vacating a risk
  913  protection order under this section and must provide relevant
  914  forms.
  915         4.The risk protection order form must include, in a
  916  conspicuous location, notice of criminal penalties resulting
  917  from violation of the order and the following statement: “You
  918  have the sole responsibility to avoid or refrain from violating
  919  this order’s provisions. Only the court can change the order and
  920  only upon written request.”
  921         5.The court staff handbook must allow for the addition of
  922  a community resource list by the clerk of the court.
  923         (b)Any clerk of court may create a community resource list
  924  of crisis intervention, mental health, substance abuse,
  925  interpreter, counseling, and other relevant resources serving
  926  the county in which the court is located. The court may make the
  927  community resource list available as part of or in addition to
  928  the informational brochures described in paragraph (a).
  929         (c)The Office of the State Courts Administrator shall
  930  distribute a master copy of the petition and order forms,
  931  instructions, and informational brochures to the clerks of
  932  court. Distribution of all documents shall, at a minimum, be in
  933  an electronic format or formats accessible to all courts and
  934  clerks of court in the state.
  935         (d)Within 90 days after receipt of the master copy from
  936  the Office of the State Courts Administrator, the clerk of the
  937  court shall make available the standardized forms, instructions,
  938  and informational brochures required by this subsection.
  939         (e)The Office of the State Courts Administrator shall
  940  update the instructions, brochures, standard petition and risk
  941  protection order forms, and court staff handbook as necessary,
  942  including when changes in the law make an update necessary.
  943         Section 13. Section 836.10, Florida Statutes, is amended to
  944  read:
  945         836.10 Written threats to kill, or do bodily injury, or
  946  conduct a mass shooting or an act of terrorism; punishment.—Any
  947  person who writes or composes and also sends or procures the
  948  sending of any letter, inscribed communication, or electronic
  949  communication, whether such letter or communication be signed or
  950  anonymous, to any person, containing a threat to kill or to do
  951  bodily injury to the person to whom such letter or communication
  952  is sent, or a threat to kill or do bodily injury to any member
  953  of the family of the person to whom such letter or communication
  954  is sent, or any person who makes, posts, or transmits a threat
  955  in a writing or other record, including an electronic record, to
  956  conduct a mass shooting or an act of terrorism, in any manner
  957  that would allow another person to view the threat, commits a
  958  felony of the second degree, punishable as provided in s.
  959  775.082, s. 775.083, or s. 775.084.
  960         Section 14. Paragraph (f) of subsection (3) of section
  961  921.0022, Florida Statutes, is amended to read:
  962         921.0022 Criminal Punishment Code; offense severity ranking
  963  chart.—
  964         (3) OFFENSE SEVERITY RANKING CHART
  965         (f) LEVEL 6
  966  
  967  FloridaStatute              FelonyDegree        Description        
  968  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  969  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  970  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  971  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  972  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  973  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  974  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  975  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  976  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  977  784.041                          3rd     Felony battery; domestic battery by strangulation.
  978  784.048(3)                       3rd     Aggravated stalking; credible threat.
  979  784.048(5)                       3rd     Aggravated stalking of person under 16.
  980  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  981  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  982  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  983  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  984  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  985  784.083(2)                       2nd     Aggravated assault on code inspector.
  986  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  987  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  988  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  989  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.
  990  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  991  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  992  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  993  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.
  994  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  995  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  996  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  997  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  998  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  999  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1000  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
 1001  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1002  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1003  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1004  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 1005  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1006  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1007  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1008  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1009  827.03(2)(c)                     3rd     Abuse of a child.         
 1010  827.03(2)(d)                     3rd     Neglect of a child.       
 1011  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1012  836.05                           2nd     Threats; extortion.       
 1013  836.10                           2nd     Written threats to kill, or do bodily injury, or conduct a mass shooting or an act of terrorism.
 1014  843.12                           3rd     Aids or assists person to escape.
 1015  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1016  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1017  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1018  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1019  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.
 1020  944.40                           2nd     Escapes.                  
 1021  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1022  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1023  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1024  
 1025  
 1026  
 1027         Section 15. Section 943.082, Florida Statutes, is created
 1028  to read:
 1029         943.082School Safety Awareness Program.—
 1030         (1)In collaboration with the Department of Legal Affairs,
 1031  the department shall competitively procure a mobile suspicious
 1032  activity reporting tool that allows students and the community
 1033  to relay information anonymously concerning unsafe, potentially
 1034  harmful, dangerous, violent, or criminal activities, or the
 1035  threat of these activities, to appropriate public safety
 1036  agencies and school officials. As recommended by students of
 1037  Marjory Stoneman Douglas High School, the program shall be named
 1038  “FortifyFL.” At a minimum, the department must receive reports
 1039  electronically through the mobile suspicious activity reporting
 1040  tool that is available on both Android and Apple devices.
 1041         (2)The reporting tool must notify the reporting party of
 1042  the following information:
 1043         (a)That the reporting party may provide his or her report
 1044  anonymously.
 1045         (b)That if the reporting party chooses to disclose his or
 1046  her identity, that information shall be shared with the
 1047  appropriate law enforcement agency and school officials;
 1048  however, the law enforcement agency and school officials shall
 1049  be required to maintain the information as confidential.
 1050         (3)Information reported using the tool must be promptly
 1051  forwarded to the appropriate law enforcement agency or school
 1052  official.
 1053         (4)Law enforcement dispatch centers, school districts,
 1054  schools, and other entities identified by the department shall
 1055  be made aware of the mobile suspicious activity reporting tool.
 1056         (5)The department, in collaboration with the Division of
 1057  Victims Services within the Office of the Attorney General and
 1058  the Office of Safe Schools within the Department of Education,
 1059  shall develop and provide a comprehensive training and awareness
 1060  program on the use of the mobile suspicious activity reporting
 1061  tool.
 1062         Section 16. Section 943.687, Florida Statutes, is created
 1063  to read:
 1064         943.687Marjory Stoneman Douglas High School Public Safety
 1065  Commission.—
 1066         (1) There is created within the Department of Law
 1067  Enforcement the Marjory Stoneman Douglas High School Public
 1068  Safety Commission, a commission as defined in s. 20.03.
 1069         (2)(a)The commission shall convene no later than June 1,
 1070  2018, and shall be composed of 16 members. Five members shall be
 1071  appointed by the President of the Senate, five members shall be
 1072  appointed by the Speaker of the House of Representatives, and
 1073  five members shall be appointed by the Governor. From the
 1074  members of the commission, the Governor shall appoint the chair.
 1075  Appointments must be made by April 30, 2018. The Commissioner of
 1076  the Department of Law Enforcement shall serve as a member of the
 1077  commission. The Secretary of Children and Families, the
 1078  Secretary of Juvenile Justice, the Secretary of Health Care
 1079  Administration, and the Commissioner of Education shall serve as
 1080  ex officio, nonvoting members of the commission. Members shall
 1081  serve at the pleasure of the officer who appointed the member. A
 1082  vacancy on the commission shall be filled in the same manner as
 1083  the original appointment.
 1084         (b) The General Counsel of the Department of Law
 1085  Enforcement shall serve as the general counsel for the
 1086  commission.
 1087         (c) The Department of Law Enforcement staff, as assigned by
 1088  the chair, shall assist the commission in performing its duties.
 1089         (d) The commission shall meet as necessary to conduct its
 1090  work at the call of the chair and at the time designated by him
 1091  or her at locations throughout the state. The commission may
 1092  conduct its meetings through teleconferences or other similar
 1093  means.
 1094         (e) Members of the commission are entitled to receive
 1095  reimbursement for per diem and travel expenses pursuant to s.
 1096  112.061.
 1097         (3) The commission shall investigate system failures in the
 1098  Marjory Stoneman Douglas High School shooting and prior mass
 1099  violence incidents in this state and develop recommendations for
 1100  system improvements. At a minimum, the commission shall analyze
 1101  information and evidence from the Marjory Stoneman Douglas High
 1102  School shooting and other mass violence incidents in this state.
 1103  At a minimum the commission shall:
 1104         (a) Develop a timeline of the incident, incident response,
 1105  and all relevant events preceding the incident, with particular
 1106  attention to all perpetrator contacts with local, state and
 1107  national government agencies and entities and any contract
 1108  providers of such agencies and entities.
 1109         (b) Investigate any failures in incident responses by local
 1110  law enforcement agencies and school resource officers.
 1111         1. Identify existing policies and procedures for active
 1112  assailant incidents on school premises and evaluate the
 1113  compliance with such policies and procedures in the execution of
 1114  incident responses.
 1115         2. Evaluate existing policies and procedures for active
 1116  assailant incidents on school premises in comparison with
 1117  national best practices.
 1118         3. Evaluate the extent to which any failures in policy,
 1119  procedure, or execution contributed to an inability to prevent
 1120  deaths and injuries.
 1121         4. Make specific recommendations for improving law
 1122  enforcement and school resource officer incident response in the
 1123  future.
 1124         5. Make specific recommendations for determining the
 1125  appropriate ratio of school resource officers per school by
 1126  school type. At a minimum, the methodology for determining the
 1127  ratio should include the school location, student population,
 1128  and school design.
 1129         (c) Investigate any failures in interactions with
 1130  perpetrators preceding mass violence incidents.
 1131         1. Identify the history of interactions between
 1132  perpetrators and governmental entities such as schools, law
 1133  enforcement agencies, courts and social service agencies, and
 1134  identify any failures to adequately communicate or coordinate
 1135  regarding indicators of risk or possible threats.
 1136         2. Evaluate the extent to which any such failures
 1137  contributed to an inability to prevent deaths and injuries.
 1138         3. Make specific recommendations for improving
 1139  communication and coordination among entities with knowledge of
 1140  indicators of risk or possible threats of mass violence in the
 1141  future.
 1142         4. Identify available state and local tools and resources
 1143  for enhancing communication and coordination regarding
 1144  indicators of risk or possible threats, including, but not
 1145  limited to, the Department of Law Enforcement Fusion Center or
 1146  Judicial Inquiry System, and make specific recommendations for
 1147  using such tools and resources more effectively in the future.
 1148         (4)The commission has the power to investigate. The
 1149  commission may delegate to its investigators the authority to
 1150  administer oaths and affirmations.
 1151         (5) The Commissioner of the Department of Law Enforcement
 1152  shall use his or her subpoena power to compel the attendance of
 1153  witnesses to testify before the commission. The Commissioner of
 1154  the Department of Law Enforcement shall use his or her subpoena
 1155  power to compel the production of any books, papers, records,
 1156  documentary evidence, and other items, including confidential
 1157  information, relevant to the performance of the duties of the
 1158  commission or to the exercise of its powers. The chair or any
 1159  other member of the commission may administer all oaths and
 1160  affirmations in the manner prescribed by law to witnesses who
 1161  appear before the commission for the purpose of testifying in
 1162  any matter of which the commission desires evidence. In the case
 1163  of a refusal to obey a subpoena, the commission may make
 1164  application to any circuit court of this state having
 1165  jurisdiction to order the witness to appear before the
 1166  commission and to produce evidence, if so ordered, or to give
 1167  testimony relevant to the matter in question. Failure to obey
 1168  the order may be punished by the court as contempt.
 1169         (6)The commission may call upon appropriate agencies of
 1170  state government for such professional assistance as may be
 1171  needed in the discharge of its duties, and such agencies shall
 1172  provide such assistance in a timely manner.
 1173         (7)Notwithstanding any other law, the commission may
 1174  request and shall be provided with access to any information or
 1175  records, including exempt or confidential and exempt information
 1176  or records, which pertain to the Marjory Stoneman Douglas High
 1177  School shooting and prior mass violence incidents in Florida
 1178  being reviewed by the commission and which are necessary for the
 1179  commission to carry out its duties. Information or records
 1180  obtained by the commission which are otherwise exempt or
 1181  confidential and exempt shall retain such exempt or confidential
 1182  and exempt status and the commission may not disclose any such
 1183  information or records.
 1184         (8)The commission shall submit an initial report on its
 1185  findings and recommendations to the Governor, President of the
 1186  Senate, and Speaker of the House of Representatives by January
 1187  1, 2019, and may issue reports annually thereafter. The
 1188  commission shall sunset July 1, 2023, and this section is
 1189  repealed on that date.
 1190         Section 17. Section 1001.212, Florida Statutes, is created
 1191  to read:
 1192         1001.212Office of Safe Schools.—There is created in the
 1193  Department of Education the Office of Safe Schools. The office
 1194  is fully accountable to the Commissioner of Education. The
 1195  office shall serve as a central repository for best practices,
 1196  training standards, and compliance oversight in all matters
 1197  regarding school safety and security, including prevention
 1198  efforts, intervention efforts, and emergency preparedness
 1199  planning. The office shall:
 1200         (1)Establish and update as necessary a school security
 1201  risk assessment tool for use by school districts pursuant to s.
 1202  1006.07(6). The office shall make the security risk assessment
 1203  tool available for use by charter schools.
 1204         (2)Provide ongoing professional development opportunities
 1205  to school district personnel.
 1206         (3)Provide a coordinated and interdisciplinary approach to
 1207  providing technical assistance and guidance to school districts
 1208  on safety and security and recommendations to address findings
 1209  identified pursuant to s. 1006.07(6).
 1210         (4)Develop and implement a School Safety Specialist
 1211  Training Program for school safety specialists appointed
 1212  pursuant to s. 1006.07(6). The office shall develop the training
 1213  program which shall be based on national and state best
 1214  practices on school safety and security and must include active
 1215  shooter training. The office shall develop training modules in
 1216  traditional or online formats. A school safety specialist
 1217  certificate of completion shall be awarded to a school safety
 1218  specialist who satisfactorily completes the training required by
 1219  rules of the office.
 1220         (5)Review and provide recommendations on the security risk
 1221  assessments. The department may contract with security
 1222  personnel, consulting engineers, architects, or other safety and
 1223  security experts the department deems necessary for safety and
 1224  security consultant services.
 1225         (6)Coordinate with the Department of Law Enforcement to
 1226  provide a centralized integrated data repository and data
 1227  analytics resources to improve access to timely, complete and
 1228  accurate information integrating data from, at a minimum, but
 1229  not limited to, the following data sources by December 1, 2018:
 1230         (a)Social Media;
 1231         (b)Department of Children and Families;
 1232         (c)Department of Law Enforcement;
 1233         (d)Department of Juvenile Justice; and
 1234         (e)Local law enforcement.
 1235         (7)Data that is exempt or confidential and exempt from
 1236  public records requirements retains its exempt or confidential
 1237  and exempt status when incorporated into the centralized
 1238  integrated data repository.
 1239         (8)To maintain the confidentially requirements attached to
 1240  the information provided to the centralized integrated data
 1241  repository by the various state and local agencies, data
 1242  governance and security shall ensure compliance with all
 1243  applicable state and federal data privacy requirements through
 1244  the use of user authorization and role based security, data
 1245  anonymization and aggregation and auditing capabilities.
 1246         (9)To maintain the confidentially requirements attached to
 1247  the information provided to the centralized integrated data
 1248  repository by the various state and local agencies, each source
 1249  agency providing data for the repository shall be the sole
 1250  custodian of the data for the purpose of any request for
 1251  inspection or copies thereof under ch. 119. The department shall
 1252  only allow access to data from the source agencies in accordance
 1253  with rules adopted by the respective source agencies.
 1254         (10)Award grants to schools to improve the safety and
 1255  security of school buildings based upon recommendations of the
 1256  security risk assessment developed pursuant to subsection (1).
 1257         (11)Disseminate, in consultation with the Department of
 1258  Law Enforcement, to participating schools awareness and
 1259  education materials on the School Safety Awareness Program
 1260  developed pursuant to s. 943.082.
 1261         Section 18. Paragraph (a) of subsection (10) of section
 1262  1002.32, Florida Statutes, is amended to read:
 1263         1002.32 Developmental research (laboratory) schools.—
 1264         (10) EXCEPTIONS TO LAW.—To encourage innovative practices
 1265  and facilitate the mission of the lab schools, in addition to
 1266  the exceptions to law specified in s. 1001.23(2), the following
 1267  exceptions shall be permitted for lab schools:
 1268         (a) The methods and requirements of the following statutes
 1269  shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
 1270  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
 1271  1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
 1272  1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
 1273  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
 1274  1001.49; 1001.50; 1001.51; 1006.12(2) 1006.12(1); 1006.21(3),
 1275  (4); 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
 1276  1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
 1277  1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
 1278  (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
 1279  1011.72; 1011.73; and 1011.74.
 1280         Section 19. Subsection (1) of section 1006.04, Florida
 1281  Statutes, is amended to read:
 1282         1006.04 Educational multiagency services for students with
 1283  severe emotional disturbance.—
 1284         (1)(a) The multiagency network for students with emotional
 1285  and behavioral disabilities works with education, mental health,
 1286  child welfare, and juvenile justice professionals, along with
 1287  other agencies and families, to provide children with mental
 1288  illness or emotional and behavioral problems and their families
 1289  with access to the services and supports they need to succeed An
 1290  intensive, integrated educational program; a continuum of mental
 1291  health treatment services; and, when needed, residential
 1292  services are necessary to enable students with severe emotional
 1293  disturbance to develop appropriate behaviors and demonstrate
 1294  academic and career education skills. The small incidence of
 1295  severe emotional disturbance in the total school population
 1296  requires multiagency programs to provide access to appropriate
 1297  services for all students with severe emotional disturbance.
 1298  District school boards should provide educational programs, and
 1299  state departments and agencies administering children’s mental
 1300  health funds should provide mental health treatment and
 1301  residential services when needed, as part of the forming a
 1302  multiagency network to provide support for students with severe
 1303  emotional disturbance.
 1304         (b) The purpose of the multiagency network is to: The
 1305  program goals for each component of the multiagency network are
 1306  to
 1307         1. Enable students with severe emotional disturbance to
 1308  learn appropriate behaviors, reduce dependency, and fully
 1309  participate in all aspects of school and community living.; to
 1310         2. Develop individual programs for students with severe
 1311  emotional disturbance, including necessary educational,
 1312  residential, and mental health treatment services.; to
 1313         3. Provide programs and services as close as possible to
 1314  the student’s home in the least restrictive manner consistent
 1315  with the student’s needs.; and to
 1316         4. Integrate a wide range of services necessary to support
 1317  students with severe emotional disturbance and their families.
 1318         (c)The multiagency network shall:
 1319         1.Support and represent the needs of students in each
 1320  school district in joint planning with fiscal agents of
 1321  children’s mental health funds, including the expansion of
 1322  school-based mental health services, transition services, and
 1323  integrated education and treatment programs.
 1324         2.Improve coordination of services for children with or at
 1325  risk of emotional or behavioral disabilities and their families
 1326  by assisting multi-agency collaborative initiatives to identify
 1327  critical issues and barriers of mutual concern and develop local
 1328  response systems that increase home and school connections and
 1329  family engagement.
 1330         3.Increase parent and youth involvement and development
 1331  with local systems of care.
 1332         4.Facilitate student and family access to effective
 1333  services and programs for students with and at risk of emotional
 1334  or behavioral disabilities that include necessary educational,
 1335  residential, and mental health treatment services, enabling
 1336  these students to learn appropriate behaviors, reduce
 1337  dependency, and fully participate in all aspects of school and
 1338  community living.
 1339         Section 20. Paragraph (b) of subsection (1), paragraphs (k)
 1340  through (m) of subsection (2), and subsections (3), (4), and (6)
 1341  of section 1006.07, Florida Statutes, are amended, and
 1342  subsections (7) and (8) are added to that section to read:
 1343         1006.07 District school board duties relating to student
 1344  discipline and school safety.—The district school board shall
 1345  provide for the proper accounting for all students, for the
 1346  attendance and control of students at school, and for proper
 1347  attention to health, safety, and other matters relating to the
 1348  welfare of students, including:
 1349         (1) CONTROL OF STUDENTS.—
 1350         (b) Require each student at the time of initial
 1351  registration for school in the school district to note previous
 1352  school expulsions, arrests resulting in a charge, and juvenile
 1353  justice actions, and referrals to mental health services the
 1354  student has had, and have the authority as the district school
 1355  board of a receiving school district to honor the final order of
 1356  expulsion or dismissal of a student by any in-state or out-of
 1357  state public district school board or private school, or lab
 1358  school, for an act which would have been grounds for expulsion
 1359  according to the receiving district school board’s code of
 1360  student conduct, in accordance with the following procedures:
 1361         1. A final order of expulsion shall be recorded in the
 1362  records of the receiving school district.
 1363         2. The expelled student applying for admission to the
 1364  receiving school district shall be advised of the final order of
 1365  expulsion.
 1366         3. The district school superintendent of the receiving
 1367  school district may recommend to the district school board that
 1368  the final order of expulsion be waived and the student be
 1369  admitted to the school district, or that the final order of
 1370  expulsion be honored and the student not be admitted to the
 1371  school district. If the student is admitted by the district
 1372  school board, with or without the recommendation of the district
 1373  school superintendent, the student may be placed in an
 1374  appropriate educational program and referred to mental health
 1375  services identified by the school district pursuant to s.
 1376  1012.584(4), when appropriate, at the direction of the district
 1377  school board.
 1378         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 1379  conduct for elementary schools and a code of student conduct for
 1380  middle and high schools and distribute the appropriate code to
 1381  all teachers, school personnel, students, and parents, at the
 1382  beginning of every school year. Each code shall be organized and
 1383  written in language that is understandable to students and
 1384  parents and shall be discussed at the beginning of every school
 1385  year in student classes, school advisory council meetings, and
 1386  parent and teacher association or organization meetings. Each
 1387  code shall be based on the rules governing student conduct and
 1388  discipline adopted by the district school board and shall be
 1389  made available in the student handbook or similar publication.
 1390  Each code shall include, but is not limited to:
 1391         (k) Policies to be followed for the assignment of violent
 1392  or disruptive students to an alternative educational program or
 1393  referral of such students to mental health services identified
 1394  by the school district pursuant to s. 1012.584(4).
 1395         (l) Notice that any student who is determined to have
 1396  brought a firearm or weapon, as defined in chapter 790, to
 1397  school, to any school function, or onto any school-sponsored
 1398  transportation, or to have possessed a firearm at school, will
 1399  be expelled, with or without continuing educational services,
 1400  from the student’s regular school for a period of not less than
 1401  1 full year and referred to mental health services identified by
 1402  the school district pursuant to s. 1012.584(4) and the criminal
 1403  justice or juvenile justice system. District school boards may
 1404  assign the student to a disciplinary program or second chance
 1405  school for the purpose of continuing educational services during
 1406  the period of expulsion. District school superintendents may
 1407  consider the 1-year expulsion requirement on a case-by-case
 1408  basis and request the district school board to modify the
 1409  requirement by assigning the student to a disciplinary program
 1410  or second chance school if the request for modification is in
 1411  writing and it is determined to be in the best interest of the
 1412  student and the school system.
 1413         (m) Notice that any student who is determined to have made
 1414  a threat or false report, as defined by ss. 790.162 and 790.163,
 1415  respectively, involving school or school personnel’s property,
 1416  school transportation, or a school-sponsored activity will be
 1417  expelled, with or without continuing educational services, from
 1418  the student’s regular school for a period of not less than 1
 1419  full year and referred for criminal prosecution and mental
 1420  health services identified by the school district pursuant to s.
 1421  1012.584(4) for evaluation or treatment, when appropriate.
 1422  District school boards may assign the student to a disciplinary
 1423  program or second chance school for the purpose of continuing
 1424  educational services during the period of expulsion. District
 1425  school superintendents may consider the 1-year expulsion
 1426  requirement on a case-by-case basis and request the district
 1427  school board to modify the requirement by assigning the student
 1428  to a disciplinary program or second chance school if it is
 1429  determined to be in the best interest of the student and the
 1430  school system.
 1431         (3) STUDENT CRIME WATCH PROGRAM.—By resolution of the
 1432  district school board, implement a student crime watch program
 1433  to promote responsibility among students and improve school
 1434  safety. The student crime watch program shall allow students and
 1435  the community to anonymously relay information concerning unsafe
 1436  and potentially harmful, dangerous, violent, or criminal
 1437  activities, or the threat of these activities, to appropriate
 1438  public safety agencies and school officials to assist in the
 1439  control of criminal behavior within the schools.
 1440         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1441         (a) Formulate and prescribe policies and procedures, in
 1442  consultation with the appropriate public safety agencies, for
 1443  emergency drills and for actual emergencies, including, but not
 1444  limited to, fires, natural disasters, active shooter and hostage
 1445  situations, and bomb threats, for all students and faculty at
 1446  all the public schools of the district comprised of which
 1447  comprise grades K-12. Drills for active shooter and hostage
 1448  situations shall be conducted at least as often as other
 1449  emergency drills. District school board policies shall include
 1450  commonly used alarm system responses for specific types of
 1451  emergencies and verification by each school that drills have
 1452  been provided as required by law and fire protection codes. The
 1453  emergency response policy shall identify the individuals
 1454  responsible for contacting the primary emergency response agency
 1455  and the emergency response agency that is responsible for
 1456  notifying the school district for each type of emergency must be
 1457  listed in the district’s emergency response policy.
 1458         (b) Establish model emergency management and emergency
 1459  preparedness procedures, including emergency notification
 1460  procedures pursuant to paragraph (a), for the following life
 1461  threatening emergencies:
 1462         1. Weapon-use, and hostage, and active shooter situations.
 1463  The active shooter situation training for each school must
 1464  engage the participation of the district school safety
 1465  specialist, threat assessment team members, faculty, staff, and
 1466  students and must be conducted by the law enforcement agency or
 1467  agencies that are designated as first responders to the school’s
 1468  campus.
 1469         2. Hazardous materials or toxic chemical spills.
 1470         3. Weather emergencies, including hurricanes, tornadoes,
 1471  and severe storms.
 1472         4. Exposure as a result of a manmade emergency.
 1473         (c)Establish a schedule to test the functionality and
 1474  coverage capacity of all emergency communication systems and
 1475  determine if adequate signal strength is available in all areas
 1476  of the school’s campus.
 1477         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
 1478  school superintendent shall establish policies and procedures
 1479  for the prevention of violence on school grounds, including the
 1480  assessment of and intervention with individuals whose behavior
 1481  poses a threat to the safety of the school community.
 1482         (a)Each district school superintendent shall designate a
 1483  school administrator as a school safety specialist for the
 1484  district. The school safety specialist must earn a certificate
 1485  of completion of the school safety specialist training provided
 1486  by the Office of Safe Schools within 1 year after appointment
 1487  and is responsible for the supervision and oversight for all
 1488  school safety and security personnel, policies, and procedures
 1489  in the school district. The school safety specialist shall:
 1490         1.Review policies and procedures for compliance with state
 1491  law and rules.
 1492         2.Provide the necessary training and resources to students
 1493  and school district staff in matters relating to youth mental
 1494  health awareness and assistance; emergency procedures, including
 1495  active shooter training; and school safety and security.
 1496         3.Serve as the school district liaison with local public
 1497  safety agencies and national, state, and community agencies and
 1498  organizations in matters of school safety and security.
 1499         4.Conduct a school security risk assessment in accordance
 1500  with s. 1006.1493 at each public school using the school
 1501  security risk assessment tool developed by the Office of Safe
 1502  Schools Use the Safety and Security Best Practices developed by
 1503  the Office of Program Policy Analysis and Government
 1504  Accountability to conduct a self-assessment of the school
 1505  districts’ current safety and security practices. Based on the
 1506  assessment these self-assessment findings, the district’s school
 1507  safety specialist district school superintendent shall provide
 1508  recommendations to the district school board which identify
 1509  strategies and activities that the district school board should
 1510  implement in order to improve school safety and security.
 1511  Annually, each district school board must receive such findings
 1512  and the school safety specialist’s recommendations the self
 1513  assessment results at a publicly noticed district school board
 1514  meeting to provide the public an opportunity to hear the
 1515  district school board members discuss and take action on the
 1516  report findings and recommendations. Each school safety
 1517  specialist district school superintendent shall report such
 1518  findings the self-assessment results and school board action to
 1519  the Office of Safe Schools commissioner within 30 days after the
 1520  district school board meeting.
 1521         (b)Each school safety specialist shall coordinate with the
 1522  appropriate public safety agencies, as defined in s. 365.171,
 1523  that are designated as first responders to a school’s campus to
 1524  conduct a tour of such campus once every 3 years and provide
 1525  recommendations related to school safety. The recommendations by
 1526  the public safety agencies must be considered as part of the
 1527  recommendations by the school safety specialist pursuant to
 1528  paragraph (a).
 1529         (7)THREAT ASSESSMENT TEAMS.—Each district school board
 1530  shall adopt policies for the establishment of threat assessment
 1531  teams at each school whose duties include the coordination of
 1532  resources and assessment and intervention with individuals whose
 1533  behavior may pose a threat to the safety of school staff or
 1534  students consistent with the model policies developed by the
 1535  Office of Safe Schools. Such policies shall include procedures
 1536  for referrals to mental health services identified by the school
 1537  district pursuant to s. 1012.584(4), when appropriate.
 1538         (a)A threat assessment team shall include persons with
 1539  expertise in counseling, instruction, school administration, and
 1540  law enforcement. The threat assessment teams shall identify
 1541  members of the school community to whom threatening behavior
 1542  should be reported and provide guidance to students, faculty,
 1543  and staff regarding recognition of threatening or aberrant
 1544  behavior that may represent a threat to the community, school,
 1545  or self.
 1546         (b)Upon a preliminary determination that a student poses a
 1547  threat of violence or physical harm to himself or herself or
 1548  others, a threat assessment team shall immediately report its
 1549  determination to the superintendent or his or her designee. The
 1550  superintendent or his or her designee shall immediately attempt
 1551  to notify the student’s parent or legal guardian. Nothing in
 1552  this subsection shall preclude school district personnel from
 1553  acting immediately to address an imminent threat.
 1554         (c)Upon a preliminary determination by the threat
 1555  assessment team that a student poses a threat of violence to
 1556  himself or herself or others or exhibits significantly
 1557  disruptive behavior or need for assistance, the threat
 1558  assessment team may obtain criminal history record information,
 1559  as provided in s. 985.047. A member of a threat assessment team
 1560  may not disclose any criminal history record information
 1561  obtained pursuant to this section or otherwise use any record of
 1562  an individual beyond the purpose for which such disclosure was
 1563  made to the threat assessment team.
 1564         (d)Notwithstanding any other provision of law, all state
 1565  and local agencies and programs that provide services to
 1566  students experiencing or at risk of an emotional disturbance or
 1567  a mental illness, including the school districts, school
 1568  personnel, state and local law enforcement agencies, the
 1569  Department of Juvenile Justice, the Department of Children and
 1570  Families, the Department of Health, the Agency for Health Care
 1571  Administration, the Agency for Persons with Disabilities, the
 1572  Department of Education, the Statewide Guardian Ad Litem Office,
 1573  and any service or support provider contracting with such
 1574  agencies, may share with each other records or information that
 1575  are confidential or exempt from disclosure under chapter 119 if
 1576  the records or information are reasonably necessary to ensure
 1577  access to appropriate services for the student or to ensure the
 1578  safety of the student or others. All such state and local
 1579  agencies and programs shall communicate, collaborate, and
 1580  coordinate efforts to serve such students.
 1581         (e)If an immediate mental health or substance abuse crisis
 1582  is suspected, school personnel shall follow policies established
 1583  by the threat assessment team to engage behavioral health crisis
 1584  resources. Behavioral health crisis resources, including, but
 1585  not limited to, mobile crisis teams and school resource officers
 1586  trained in crisis intervention, shall provide emergency
 1587  intervention and assessment, make recommendations, and refer the
 1588  student for appropriate services. Onsite school personnel shall
 1589  report all such situations and actions taken to the threat
 1590  assessment team, which shall contact the other agencies involved
 1591  with the student and any known service providers to share
 1592  information and coordinate any necessary followup actions.
 1593         (f)Each threat assessment team established pursuant to
 1594  this subsection shall report quantitative data on its activities
 1595  to the Office of Safe Schools in accordance with guidance from
 1596  the office.
 1597         (8) SAFETY IN CONSTRUCTION PLANNING.—A district school
 1598  board must allow the law enforcement agency or agencies that are
 1599  designated as first responders to the district’s campus and
 1600  school’s campuses to tour such campuses once every 3 years. Any
 1601  changes related to school safety and emergency issues
 1602  recommended by a law enforcement agency based on a campus tour
 1603  must be documented by the district school board.
 1604         Section 21. Subsection (2) of section 1006.08, Florida
 1605  Statutes, is amended to read:
 1606         1006.08 District school superintendent duties relating to
 1607  student discipline and school safety.—
 1608         (2) Notwithstanding the provisions of s. 985.04(7) or any
 1609  other provision of law to the contrary, the court shall, within
 1610  48 hours of the finding, notify the appropriate district school
 1611  superintendent of the name and address of any student found to
 1612  have committed a delinquent act, or who has had adjudication of
 1613  a delinquent act withheld which, if committed by an adult, would
 1614  be a felony, or the name and address of any student found guilty
 1615  of a felony, or the name and address of any student the court
 1616  refers to mental health services. Notification shall include the
 1617  specific delinquent act found to have been committed or for
 1618  which adjudication was withheld, or the specific felony for
 1619  which the student was found guilty.
 1620         Section 22. Section 1006.12, Florida Statutes, is amended
 1621  to read:
 1622         1006.12 Safe-school school resource officers at each public
 1623  school and school safety officers.—For the protection and safety
 1624  of school personnel, property, students, and visitors, each
 1625  district school board and school district superintendent shall
 1626  partner with law enforcement agencies to establish or assign one
 1627  or more safe-school officers at each school facility within the
 1628  district by implementing any combination of the following
 1629  options which best meets the needs of the school district:
 1630         (1) District school boards may Establish school resource
 1631  officer programs, through a cooperative agreement with law
 1632  enforcement agencies or in accordance with subsection (2).
 1633         (a) School resource officers shall undergo criminal
 1634  background checks, drug testing, and a psychological evaluation
 1635  and be certified law enforcement officers, as defined in s.
 1636  943.10(1), who are employed by a law enforcement agency as
 1637  defined in s. 943.10(4). The powers and duties of a law
 1638  enforcement officer shall continue throughout the employee’s
 1639  tenure as a school resource officer.
 1640         (b) School resource officers shall abide by district school
 1641  board policies and shall consult with and coordinate activities
 1642  through the school principal, but shall be responsible to the
 1643  law enforcement agency in all matters relating to employment,
 1644  subject to agreements between a district school board and a law
 1645  enforcement agency. Activities conducted by the school resource
 1646  officer which are part of the regular instructional program of
 1647  the school shall be under the direction of the school principal.
 1648         (c) Complete mental health crisis intervention training
 1649  using a curriculum developed by a national organization with
 1650  expertise in mental health crisis intervention. The training
 1651  shall improve officers’ knowledge and skills as first responders
 1652  to incidents involving students with emotional disturbance or
 1653  mental illness, including de-escalation skills to ensure student
 1654  and officer safety.
 1655         (2) Commission one or more school safety officers for the
 1656  protection and safety of school personnel, property, and
 1657  students within the school district. The district school
 1658  superintendent may recommend, and the district school board may
 1659  appoint, one or more school safety officers.
 1660         (2)(a) School safety officers shall undergo criminal
 1661  background checks, drug testing, and a psychological evaluation
 1662  and be law enforcement officers, as defined in s. 943.10(1),
 1663  certified under the provisions of chapter 943 and employed by
 1664  either a law enforcement agency or by the district school board.
 1665  If the officer is employed by the district school board, the
 1666  district school board is the employing agency for purposes of
 1667  chapter 943, and must comply with the provisions of that
 1668  chapter.
 1669         (b) A district school board may commission one or more
 1670  school safety officers for the protection and safety of school
 1671  personnel, property, and students within the school district.
 1672  The district school superintendent may recommend and the
 1673  district school board may appoint one or more school safety
 1674  officers.
 1675         (b)(c) A school safety officer has and shall exercise the
 1676  power to make arrests for violations of law on district school
 1677  board property and to arrest persons, whether on or off such
 1678  property, who violate any law on such property under the same
 1679  conditions that deputy sheriffs are authorized to make arrests.
 1680  A school safety officer has the authority to carry weapons when
 1681  performing his or her official duties.
 1682         (c)(d) A district school board may enter into mutual aid
 1683  agreements with one or more law enforcement agencies as provided
 1684  in chapter 23. A school safety officer’s salary may be paid
 1685  jointly by the district school board and the law enforcement
 1686  agency, as mutually agreed to.
 1687         Section 23. Subsection (1), paragraph (c) of subsection
 1688  (4), and subsection (8) of section 1006.13, Florida Statutes,
 1689  are amended, and paragraph (f) is added to subsection (2) of
 1690  that section, to read:
 1691         1006.13 Policy of zero tolerance for crime and
 1692  victimization.—
 1693         (1) District school boards shall It is the intent of the
 1694  Legislature to promote a safe and supportive learning
 1695  environment in schools by protecting, to protect students and
 1696  staff from conduct that poses a serious threat to school safety.
 1697  A threat assessment team may, and to encourage schools to use
 1698  alternatives to expulsion or referral to law enforcement
 1699  agencies to address by addressing disruptive behavior through
 1700  restitution, civil citation, teen court, neighborhood
 1701  restorative justice, or similar programs. Zero-tolerance The
 1702  Legislature finds that zero-tolerance policies may are not
 1703  intended to be rigorously applied to petty acts of misconduct
 1704  and misdemeanors, including, but not limited to, minor fights or
 1705  disturbances. Zero-tolerance policies The Legislature finds that
 1706  zero-tolerance policies must apply equally to all students
 1707  regardless of their economic status, race, or disability.
 1708         (2) Each district school board shall adopt a policy of zero
 1709  tolerance that:
 1710         (f)Requires the threat assessment team to consult with law
 1711  enforcement when a student exhibits a pattern of behavior, based
 1712  upon previous acts or the severity of an act, that would pose a
 1713  threat to school safety.
 1714         (4)
 1715         (c) Zero-tolerance policies do not require the reporting of
 1716  petty acts of misconduct and misdemeanors to a law enforcement
 1717  agency, including, but not limited to, disorderly conduct,
 1718  disrupting a school function, simple assault or battery, affray,
 1719  theft of less than $300, trespassing, and vandalism of less than
 1720  $1,000. However, if a student commits more than one misdemeanor,
 1721  the threat assessment team must consult with law enforcement to
 1722  determine if the act should be reported to law enforcement.
 1723         (8) A threat assessment team may School districts are
 1724  encouraged to use alternatives to expulsion or referral to law
 1725  enforcement agencies unless the use of such alternatives will
 1726  pose a threat to school safety.
 1727         Section 24. Section 1006.1493, Florida Statutes, is created
 1728  to read:
 1729         1006.1493Florida Safe Schools Assessment Tool.—
 1730         (1) The department through the Office of Safe Schools
 1731  pursuant s. 1001.212 shall contract with a security consulting
 1732  firm that specializes in the development of risk assessment
 1733  software solutions and has experience in conducting security
 1734  assessments of public facilities to develop, update, and
 1735  implement a risk assessment tool, which shall be known as the
 1736  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
 1737  used by school officials at each school district and public
 1738  school site in the state in conducting security assessments for
 1739  use by school officials at each school district and public
 1740  school site in the state.
 1741         (2) The FSSAT must help school officials identify threats,
 1742  vulnerabilities, and appropriate safety controls for the schools
 1743  that they supervise, pursuant to the security risk assessment
 1744  requirements of s. 1006.07(6).
 1745         (a) At a minimum, the FSSAT must address all of the
 1746  following components:
 1747         1. School emergency and crisis preparedness planning;
 1748         2. Security, crime, and violence prevention policies and
 1749  procedures;
 1750         3. Physical security measures;
 1751         4. Professional development training needs;
 1752         5. An examination of support service roles in school
 1753  safety, security, and emergency planning;
 1754         6. School security and school police staffing, operational
 1755  practices, and related services;
 1756         7. School and community collaboration on school safety; and
 1757         8. A return on investment analysis of the recommended
 1758  physical security controls.
 1759         (b) The department shall require by contract that the
 1760  security consulting firm:
 1761         1. Generate written automated reports on assessment
 1762  findings for review by the department and school and district
 1763  officials;
 1764         2. Provide training to the department and school officials
 1765  in the use of the FSSAT and other areas of importance identified
 1766  by the department; and
 1767         3. Advise in the development and implementation of
 1768  templates, formats, guidance, and other resources necessary to
 1769  facilitate the implementation of this section at state,
 1770  district, school, and local levels.
 1771         (3) By December 1, 2018, and annually by that date
 1772  thereafter, the department must report to the Governor, the
 1773  President of the Senate, and the Speaker of the House of
 1774  Representatives on the status of implementation across school
 1775  districts and schools. The report must include a summary of the
 1776  positive school safety measures in place at the time of the
 1777  assessment and any recommendations for policy changes or funding
 1778  needed to facilitate continued school safety planning,
 1779  improvement, and response at the state, district, or school
 1780  levels.
 1781         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
 1782  and information related to security risk assessments
 1783  administered pursuant to this section and s. 1006.07(6) and the
 1784  security information contained in the annual report required
 1785  pursuant to subsection (3) are confidential and exempt from
 1786  public records requirements.
 1787         Section 25. Subsection (16) and (17) of section 1011.62,
 1788  Florida Statutes, are redesignated as subsections (17) and (18),
 1789  respectively, paragraph (a) of subsection (4), paragraph (b) of
 1790  subsection (6), subsection (14), and subsection (15) of that
 1791  section are amended, and a new subsection (16) is added to that
 1792  section, to read:
 1793         1011.62 Funds for operation of schools.—If the annual
 1794  allocation from the Florida Education Finance Program to each
 1795  district for operation of schools is not determined in the
 1796  annual appropriations act or the substantive bill implementing
 1797  the annual appropriations act, it shall be determined as
 1798  follows:
 1799         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 1800  Legislature shall prescribe the aggregate required local effort
 1801  for all school districts collectively as an item in the General
 1802  Appropriations Act for each fiscal year. The amount that each
 1803  district shall provide annually toward the cost of the Florida
 1804  Education Finance Program for kindergarten through grade 12
 1805  programs shall be calculated as follows:
 1806         (a) Estimated taxable value calculations.—
 1807         1.a. Not later than 2 working days before July 19, the
 1808  Department of Revenue shall certify to the Commissioner of
 1809  Education its most recent estimate of the taxable value for
 1810  school purposes in each school district and the total for all
 1811  school districts in the state for the current calendar year
 1812  based on the latest available data obtained from the local
 1813  property appraisers. The value certified shall be the taxable
 1814  value for school purposes for that year, and no further
 1815  adjustments shall be made, except those made pursuant to
 1816  paragraphs (c) and (d), or an assessment roll change required by
 1817  final judicial decisions as specified in paragraph (17)(b)
 1818  (16)(b). Not later than July 19, the Commissioner of Education
 1819  shall compute a millage rate, rounded to the next highest one
 1820  one-thousandth of a mill, which, when applied to 96 percent of
 1821  the estimated state total taxable value for school purposes,
 1822  would generate the prescribed aggregate required local effort
 1823  for that year for all districts. The Commissioner of Education
 1824  shall certify to each district school board the millage rate,
 1825  computed as prescribed in this subparagraph, as the minimum
 1826  millage rate necessary to provide the district required local
 1827  effort for that year.
 1828         b. The General Appropriations Act shall direct the
 1829  computation of the statewide adjusted aggregate amount for
 1830  required local effort for all school districts collectively from
 1831  ad valorem taxes to ensure that no school district’s revenue
 1832  from required local effort millage will produce more than 90
 1833  percent of the district’s total Florida Education Finance
 1834  Program calculation as calculated and adopted by the
 1835  Legislature, and the adjustment of the required local effort
 1836  millage rate of each district that produces more than 90 percent
 1837  of its total Florida Education Finance Program entitlement to a
 1838  level that will produce only 90 percent of its total Florida
 1839  Education Finance Program entitlement in the July calculation.
 1840         2. On the same date as the certification in sub
 1841  subparagraph 1.a., the Department of Revenue shall certify to
 1842  the Commissioner of Education for each district:
 1843         a. Each year for which the property appraiser has certified
 1844  the taxable value pursuant to s. 193.122(2) or (3), if
 1845  applicable, since the prior certification under sub-subparagraph
 1846  1.a.
 1847         b. For each year identified in sub-subparagraph a., the
 1848  taxable value certified by the appraiser pursuant to s.
 1849  193.122(2) or (3), if applicable, since the prior certification
 1850  under sub-subparagraph 1.a. This is the certification that
 1851  reflects all final administrative actions of the value
 1852  adjustment board.
 1853         (6) CATEGORICAL FUNDS.—
 1854         (b) If a district school board finds and declares in a
 1855  resolution adopted at a regular meeting of the school board that
 1856  the funds received for any of the following categorical
 1857  appropriations are urgently needed to maintain school board
 1858  specified academic classroom instruction or improve school
 1859  safety, the school board may consider and approve an amendment
 1860  to the school district operating budget transferring the
 1861  identified amount of the categorical funds to the appropriate
 1862  account for expenditure:
 1863         1. Funds for student transportation.
 1864         2.Funds for safe schools.
 1865         2.3. Funds for supplemental academic instruction if the
 1866  required additional hour of instruction beyond the normal school
 1867  day for each day of the entire school year has been provided for
 1868  the students in each low-performing elementary school in the
 1869  district pursuant to paragraph (1)(f).
 1870         3.4. Funds for research-based reading instruction if the
 1871  required additional hour of instruction beyond the normal school
 1872  day for each day of the entire school year has been provided for
 1873  the students in each low-performing elementary school in the
 1874  district pursuant to paragraph (9)(a).
 1875         4.5. Funds for instructional materials if all instructional
 1876  material purchases necessary to provide updated materials that
 1877  are aligned with applicable state standards and course
 1878  descriptions and that meet statutory requirements of content and
 1879  learning have been completed for that fiscal year, but no sooner
 1880  than March 1. Funds available after March 1 may be used to
 1881  purchase hardware for student instruction.
 1882         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 1883  annually in the General Appropriations Act determine a
 1884  percentage increase in funds per K-12 unweighted FTE as a
 1885  minimum guarantee to each school district. The guarantee shall
 1886  be calculated from prior year base funding per unweighted FTE
 1887  student which shall include the adjusted FTE dollars as provided
 1888  in subsection (17) (16), quality guarantee funds, and actual
 1889  nonvoted discretionary local effort from taxes. From the base
 1890  funding per unweighted FTE, the increase shall be calculated for
 1891  the current year. The current year funds from which the
 1892  guarantee shall be determined shall include the adjusted FTE
 1893  dollars as provided in subsection (17) (16) and potential
 1894  nonvoted discretionary local effort from taxes. A comparison of
 1895  current year funds per unweighted FTE to prior year funds per
 1896  unweighted FTE shall be computed. For those school districts
 1897  which have less than the legislatively assigned percentage
 1898  increase, funds shall be provided to guarantee the assigned
 1899  percentage increase in funds per unweighted FTE student. Should
 1900  appropriated funds be less than the sum of this calculated
 1901  amount for all districts, the commissioner shall prorate each
 1902  district’s allocation. This provision shall be implemented to
 1903  the extent specifically funded.
 1904         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1905  created to provide funding to assist school districts in their
 1906  compliance with s. 1006.07 ss. 1006.07-1006.148, with priority
 1907  given to implementing the district’s establishing a school
 1908  resource officer program pursuant to s. 1006.12. Each school
 1909  district shall receive a minimum safe schools allocation in an
 1910  amount provided in the General Appropriations Act. Of the
 1911  remaining balance of the safe schools allocation, two-thirds
 1912  shall be allocated to school districts based on the most recent
 1913  official Florida Crime Index provided by the Department of Law
 1914  Enforcement and one-third shall be allocated based on each
 1915  school district’s proportionate share of the state’s total
 1916  unweighted full-time equivalent student enrollment. Any
 1917  additional funds appropriated to this allocation in the 2018
 1918  2019 fiscal year to the school resource officer program
 1919  established pursuant to s. 1006.12 shall be used exclusively for
 1920  employing or contracting for school resource officers, which
 1921  shall be in addition to the number of officers employed or
 1922  contracted for in the 2017-2018 fiscal year.
 1923         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1924  assistance allocation is created to provide funding to assist
 1925  school districts in establishing or expanding school-based
 1926  mental health care. These funds shall be allocated annually in
 1927  the General Appropriations Act or other law to each eligible
 1928  school district. Each school district shall receive a minimum of
 1929  $100,000 with the remaining balance allocated based on each
 1930  school district’s proportionate share of the state’s total
 1931  unweighted full-time equivalent student enrollment. Eligible
 1932  charter schools are entitled to a proportionate share of
 1933  district funding. At least 90 percent of a district’s allocation
 1934  must be expended on the elements specified in subparagraphs
 1935  (b)1. and 2. The allocated funds may not supplant funds that are
 1936  provided for this purpose from other operating funds and may not
 1937  be used to increase salaries or provide bonuses. School
 1938  districts are encouraged to maximize third party health
 1939  insurance benefits and Medicaid claiming for services, where
 1940  appropriate.
 1941         (a)Before the distribution of the allocation:
 1942         1.The school district must develop and submit a detailed
 1943  plan outlining the local program and planned expenditures to the
 1944  district school board for approval.
 1945         2.A charter school must develop and submit a detailed plan
 1946  outlining the local program and planned expenditures to its
 1947  governing body for approval. After the plan is approved by the
 1948  governing body, it must be provided to the charter school’s
 1949  sponsor.
 1950         (b) The plans required under paragraph (a) must be focused
 1951  on delivering evidence-based mental health care treatment to
 1952  children and include the following elements:
 1953         1.Provision of mental health assessment, diagnosis,
 1954  intervention, treatment, and recovery services to students with
 1955  one or more mental health or co-occurring substance abuse
 1956  diagnoses and students at high risk of such diagnoses.
 1957         2.Coordination of such services with a student’s primary
 1958  care provider and with other mental health providers involved in
 1959  the student’s care.
 1960         3.Direct employment of such service providers, or a
 1961  contract-based collaborative effort or partnership with one or
 1962  more local community mental health programs, agencies, or
 1963  providers.
 1964         (c) School districts shall submit approved plans, including
 1965  approved plans of each charter school in the district, to the
 1966  commissioner by August 1 of each fiscal year.
 1967         (d)Beginning September 30, 2019, and annually by September
 1968  30 thereafter, each school district shall submit to the
 1969  Department of Education a report on its program outcomes and
 1970  expenditures for the previous fiscal year that, at a minimum,
 1971  must include the number of each of the following:
 1972         1.Students who receive screenings or assessments.
 1973         2.Students who are referred for services or assistance.
 1974         3.Students who receive services or assistance.
 1975         4.Direct employment service providers employed by each
 1976  school district.
 1977         5.Contract-based collaborative efforts or partnerships
 1978  with community mental health programs, agencies, or providers.
 1979         Section 26. Section 1012.584, Florida Statutes, is created
 1980  to read:
 1981         1012.584Continuing education and inservice training for
 1982  youth mental health awareness and assistance.—
 1983         (1)Beginning with the 2018-2019 school year, the
 1984  Department of Education shall establish an evidence-based youth
 1985  mental health awareness and assistance training program to help
 1986  school personnel identify and understand the signs of emotional
 1987  disturbance, mental illness, and substance use disorders and
 1988  provide such personnel with the skills to help a person who is
 1989  developing or experiencing an emotional disturbance, mental
 1990  health, or substance use problem.
 1991         (2)The Department of Education shall select a national
 1992  authority on youth mental health awareness and assistance to
 1993  facilitate providing youth mental health awareness and
 1994  assistance training, using a trainer certification model, to all
 1995  school personnel in elementary, middle, and high schools. Each
 1996  school safety specialist shall earn, or designate one or more
 1997  individuals to earn, certification as a youth mental health
 1998  awareness and assistance trainer. The school safety specialist
 1999  shall ensure that all school personnel within his or her school
 2000  district receive youth mental health awareness and assistance
 2001  training.
 2002         (3)The training program shall include, but is not limited
 2003  to:
 2004         (a)An overview of mental illnesses and substance use
 2005  disorders and the need to reduce the stigma of mental illness.
 2006         (b)Information on the potential risk factors and warning
 2007  signs of emotional disturbance, mental illness, or substance use
 2008  disorders, including, but not limited to, depression, anxiety,
 2009  psychosis, eating disorders, and self-injury, as well as common
 2010  treatments for those conditions and how to assess those risks.
 2011         (c)Information on how to engage at-risk students with the
 2012  skills, resources, and knowledge required to assess the
 2013  situation, and how to identify and encourage the student to use
 2014  appropriate professional help and other support strategies,
 2015  including, but not limited to, peer, social, or self-help care.
 2016         (4)Each school district shall notify all school personnel
 2017  who have received training pursuant to this section of mental
 2018  health services that are available in the school district, and
 2019  the individual to contact if a student needs services. The term
 2020  “mental health services” includes, but is not limited to,
 2021  community mental health services, health care providers, and
 2022  services provided under ss. 1006.04 and 1011.62(17).
 2023         Section 27. For the purpose of incorporating the amendment
 2024  made by this act to section 836.10, Florida Statutes, in a
 2025  reference thereto, subsection (1) of section 794.056, Florida
 2026  Statutes, is reenacted to read:
 2027         794.056 Rape Crisis Program Trust Fund.—
 2028         (1) The Rape Crisis Program Trust Fund is created within
 2029  the Department of Health for the purpose of providing funds for
 2030  rape crisis centers in this state. Trust fund moneys shall be
 2031  used exclusively for the purpose of providing services for
 2032  victims of sexual assault. Funds credited to the trust fund
 2033  consist of those funds collected as an additional court
 2034  assessment in each case in which a defendant pleads guilty or
 2035  nolo contendere to, or is found guilty of, regardless of
 2036  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 2037  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 2038  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 2039  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 2040  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 2041  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 2042  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 2043  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 2044  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 2045  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 2046  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 2047  fund also shall include revenues provided by law, moneys
 2048  appropriated by the Legislature, and grants from public or
 2049  private entities.
 2050         Section 28. For the purpose of incorporating the amendment
 2051  made by this act to section 836.10, Florida Statutes, in a
 2052  reference thereto, section 938.085, Florida Statutes, is
 2053  reenacted to read:
 2054         938.085 Additional cost to fund rape crisis centers.—In
 2055  addition to any sanction imposed when a person pleads guilty or
 2056  nolo contendere to, or is found guilty of, regardless of
 2057  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 2058  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 2059  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 2060  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 2061  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 2062  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 2063  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 2064  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 2065  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 2066  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 2067  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 2068  $151. Payment of the surcharge shall be a condition of
 2069  probation, community control, or any other court-ordered
 2070  supervision. The sum of $150 of the surcharge shall be deposited
 2071  into the Rape Crisis Program Trust Fund established within the
 2072  Department of Health by chapter 2003-140, Laws of Florida. The
 2073  clerk of the court shall retain $1 of each surcharge that the
 2074  clerk of the court collects as a service charge of the clerk’s
 2075  office.
 2076         Section 29. For the 2018-2019 fiscal year, the sum of $69,
 2077  237,286 in recurring funds is appropriated from the General
 2078  Revenue Fund to the Department of Education in the Aid to Local
 2079  Governments Grants and Aids – Florida Education Finance Program
 2080  to fund the mental health assistance allocation created pursuant
 2081  to s. 1011.62(16), Florida Statutes.
 2082         Section 30. For the 2018-2019 fiscal year, the sums of
 2083  $500,000 in recurring funds and $6,200,000 in nonrecurring funds
 2084  are appropriated from the General Revenue Fund to the Department
 2085  of Education to implement the youth mental health awareness and
 2086  assistance training as directed pursuant to s. 1012.584, Florida
 2087  Statutes.
 2088         Section 31. For the 2018-2019 fiscal year, the sum of $1
 2089  million in nonrecurring funds is appropriated from the General
 2090  Revenue Fund to the Department of Education for the design and
 2091  construction of a memorial honoring those who lost their lives
 2092  on February 14, 2018, at Marjory Stoneman Douglas High School in
 2093  Broward County. The department shall collaborate with the
 2094  students and faculty of Marjory Stoneman Douglas High School,
 2095  the families of the victims, the Broward County School District,
 2096  and other relevant entities of the Parkland community on the
 2097  design and placement of the memorial.
 2098         Section 32. For the 2018-2019 fiscal year, the sum of
 2099  $25,262,714 in nonrecurring funds is appropriated from the
 2100  General Revenue Fund to the Department of Education combined
 2101  with an equal amount of local matching funds for the purpose of
 2102  replacing Building 12, as listed in the Florida Inventory of
 2103  School Houses, at Marjory Stoneman Douglas High School in
 2104  Broward County.
 2105         Section 33. For the 2018-2019 fiscal year, three full-time
 2106  equivalent positions, with associated salary rate of 150,000,
 2107  are authorized, and the sum of $344,393 in recurring funds is
 2108  appropriated from the General Revenue Fund to the Department of
 2109  Education to fund the Office of Safe Schools created pursuant to
 2110  s. 1001.212, Florida Statutes.
 2111         Section 34. For the 2018-2019 fiscal year, the sum of
 2112  $97,500,000 in recurring funds is appropriated from the General
 2113  Revenue Fund to the Department of Education in the Aid to Local
 2114  Governments Grants and Aids – Florida Education Finance Program
 2115  category for the safe schools allocation. These funds are in
 2116  addition to the safe schools allocation funds appropriated in
 2117  the Florida Education Finance Program in the Fiscal Year 2018
 2118  2019 General Appropriations Act. From these funds, $187,340
 2119  shall be distributed to each school district and developmental
 2120  research school to increase each school districts’ minimum
 2121  amount to $250,000 when combined with the minimum amount
 2122  appropriated in the 2018-2019 General Appropriations Act.
 2123  Notwithstanding s. 1011.62(15), Florida Statutes, the balance of
 2124  the funds appropriated in this section shall be distributed to
 2125  school districts based on each district’s proportionate share of
 2126  the state’s total unweighted full-time equivalent student
 2127  enrollment. Each school district must use these funds
 2128  exclusively for hiring or contracting for school resource
 2129  officers pursuant to s. 1006.12, Florida Statutes.
 2130         Section 35. For the 2018-2019 fiscal year, the sum of
 2131  $100,000 in recurring funds is appropriated from the General
 2132  Revenue Fund to the Department of Education to competitively
 2133  procure the active shooter training component of the school
 2134  safety specialist training program pursuant to s. 1001.212,
 2135  Florida Statutes.
 2136         Section 36. For the 2018-2019 fiscal year, the sum of
 2137  $98,962,286 in nonrecurring funds is appropriated from the
 2138  General Revenue Fund to the Department of Education to implement
 2139  a grant program that will provide awards to schools to fund, in
 2140  whole or in part, the fixed capital outlay costs associated with
 2141  improving the physical security of school buildings as
 2142  identified by a security risk assessment completed before August
 2143  1, 2018, by a school district or charter school. By August 31,
 2144  2018, the department shall submit the grant guidelines, which
 2145  must include an application submission deadline of no later than
 2146  December 1, 2018, and the specific evaluation criteria, to all
 2147  school districts and charter schools. The department shall award
 2148  grants no later than January 15, 2019, based upon the evaluation
 2149  criteria set forth in the application guidelines.
 2150         Section 37. For the 2018-2019 fiscal year, the sums of
 2151  $300,000 in nonrecurring funds and $100,000 in recurring funds
 2152  are appropriated from the General Revenue Fund to the Department
 2153  of Law Enforcement to competitively procure proposals for the
 2154  development or acquisition of the mobile suspicious activity
 2155  reporting tool pursuant to s. 943.082, Florida Statutes. The
 2156  tool shall be implemented no later than January 31, 2019.
 2157         Section 38. For the 2018-2019 fiscal year, five full-time
 2158  equivalent positions, with associated salary rate of 345,000,
 2159  are authorized and the recurring sum of $600,000 and the
 2160  nonrecurring sum of $50,000 are appropriated from the General
 2161  Revenue Fund to the Department of Law Enforcement to fund the
 2162  operations of the Marjory Stoneman Douglas High School Public
 2163  Safety Commission.
 2164         Section 39. For the 2018-2019 fiscal year, the sum of
 2165  $9,800,000 in recurring funds is appropriated from the General
 2166  Revenue Fund to the Department of Children and Families to
 2167  competitively procure for additional community action treatment
 2168  teams to ensure reasonable access among all counties. The
 2169  department shall consider the geographic location of existing
 2170  community action treatment teams and select providers to serve
 2171  the areas of greatest need.
 2172         Section 40. For the 2018-2019 fiscal year, the sums of
 2173  $18,300,000 in recurring funds are appropriated from the General
 2174  Revenue Fund to the Department of Children and Families to
 2175  competitively procure proposals for additional mobile crisis
 2176  teams to ensure reasonable access among all counties. The
 2177  department shall consider the geographic location of existing
 2178  mobile crisis teams and select providers to serve the areas of
 2179  greatest need.
 2180         Section 41. For the 2018-2019 fiscal year, the sums of
 2181  $18,321 in recurring funds and $225,000 in nonrecurring funds
 2182  are appropriated from the General Revenue Fund to the Department
 2183  of Education in the Special Categories – Teacher and School
 2184  Administrator Death Benefits category to provide for the
 2185  benefits awarded pursuant to s. 112.1915, Florida Statutes, to
 2186  the eligible recipients of the three Marjory Stoneman Douglas
 2187  High School staff members who lost their lives on February 14,
 2188  2018.
 2189         Section 42. For the 2018-2019 fiscal year, the sum of $3
 2190  million in recurring funds is appropriated from the General
 2191  Revenue Fund to the Department of Education to competitively
 2192  procure for the development or acquisition of the centralized
 2193  data repository and analytics resources pursuant to s. 1001.212,
 2194  Florida Statutes. The department shall collaborate with the
 2195  Department of Law Enforcement and school districts to identify
 2196  the requirements and functionality of the data repository and
 2197  analytics resources and shall make such resources available to
 2198  the school districts no later than December 1, 2018.
 2199         Section 43. For the 2018-2019 fiscal year, the sum of $1
 2200  million in nonrecurring funds is appropriated from the General
 2201  Revenue Fund to the Department of Education to competitively
 2202  procure a contract with a third-party security consultant with
 2203  experience in conducting security risk assessments of public
 2204  schools. Contract funds shall be used to review and analyze the
 2205  department’s current security risk assessment tool known as the
 2206  Florida Safe Schools Assessment Tool (FSSAT) and a sample of
 2207  self-assessments conducted by school districts using the FSSAT
 2208  to determine the effectiveness of the recommendations produced
 2209  based upon the FSSAT. The review shall include any recommended
 2210  updates and enhancements with associated costs for their
 2211  implementation to aid districts in developing recommendations to
 2212  address safety and security issues discovered by the FSSAT. The
 2213  department shall submit the completed review to the State Board
 2214  of Education, the Executive Office of the Governor’s Office of
 2215  Policy and Budget, the chair of the Senate Committee on
 2216  Appropriations, and the House of Representatives Appropriations
 2217  Committee no later than January 1, 2019.
 2218         Section 44. Except as otherwise expressly provided in this
 2219  act, this act shall take effect upon becoming a law.
 2220  
 2221  ================= T I T L E  A M E N D M E N T ================
 2222  And the title is amended as follows:
 2223         Delete everything before the enacting clause
 2224  and insert:
 2225                        A bill to be entitled                      
 2226         An act relating to public safety; providing a short
 2227         title; providing legislative findings; amending
 2228         16.555, F.S.; authorizing the awarding of grants
 2229         through the Crime Stoppers Trust Fund for student
 2230         crime watch programs; amending s. 20.15, F.S.;
 2231         establishing the Office of Safe Schools within the
 2232         Department of Education; amending s. 121.091, F.S.;
 2233         authorizing certain retired law enforcement officers
 2234         to be reemployed as school resource officers after
 2235         meeting specified termination requirements;
 2236         authorizing such retired law enforcement officers to
 2237         receive compensation and retirement benefits after a
 2238         specified period; providing that such retired law
 2239         enforcement officers may not renew membership in the
 2240         Florida Retirement System, except as otherwise
 2241         provided; amending s. 394.463, F.S.; requiring when
 2242         practicable that a law enforcement officer with
 2243         certain training be assigned to serve and execute
 2244         certain ex parte orders; authorizing a law enforcement
 2245         officer to seize and hold firearms and ammunition if
 2246         taking custody of a person who poses a potential
 2247         danger to himself or herself or others and who has
 2248         made a credible threat against another person;
 2249         authorizing a law enforcement officer to seek the
 2250         voluntary surrender of firearms and ammunition kept in
 2251         the residence if the law enforcement officer takes
 2252         custody of the person at the person’s residence and
 2253         certain criteria are met; authorizing such law
 2254         enforcement officer to petition an appropriate court
 2255         for a risk protection order under certain
 2256         circumstances; requiring that firearms and ammunition
 2257         seized or voluntarily surrendered be returned within a
 2258         certain timeframe under specified circumstances;
 2259         providing exceptions; requiring law enforcement
 2260         agencies to develop policies and procedures relating
 2261         to the seizure, storage, and return of firearms and
 2262         ammunition; amending s. 394.495, F.S.; requiring the
 2263         Department of Children and Families to contract for
 2264         community action treatment teams throughout the state
 2265         with the managing entities; specifying requirements
 2266         for community action treatment teams; subject to
 2267         legislative appropriation, requiring the department to
 2268         contract for additional teams to ensure statewide
 2269         availability of services; creating s. 790.222, F.S.;
 2270         defining the term “bump-fire stock”; prohibiting
 2271         specified acts relating to the sale and possession of
 2272         bump-fire stocks; providing criminal penalties;
 2273         providing legislative intent; providing a short title;
 2274         creating s. 790.064, F.S.; prohibiting a person who
 2275         has been adjudicated mentally defective or been
 2276         committed to a mental institution from owning or
 2277         possessing a firearm until certain relief is obtained;
 2278         specifying that the firearm possession and ownership
 2279         disability runs concurrently with the firearm purchase
 2280         disability under certain provisions; authorizing a
 2281         person to petition for relief from the firearm
 2282         possession and ownership disability; requiring that
 2283         petitions for relief follow certain procedures;
 2284         authorizing such person to petition for simultaneous
 2285         relief; creating s. 790.401, F.S.; defining terms;
 2286         creating an action known as a petition for a risk
 2287         protection order to prevent persons who are at high
 2288         risk of harming themselves or others from accessing
 2289         firearms or ammunition; providing requirements for
 2290         petitions for such orders; providing duties for courts
 2291         and clerks of court; prohibiting fees for the filing
 2292         of or service of process of such petitions; providing
 2293         for jurisdiction for such petitions; requiring
 2294         hearings on petitions within a specified period;
 2295         providing service requirements; providing grounds that
 2296         may be considered in determining whether to grant such
 2297         a petition; providing requirements for proceedings;
 2298         providing requirements for risk protection orders;
 2299         requiring the court to inform a respondent of his or
 2300         her right to request a certain hearing; authorizing
 2301         temporary ex parte orders under certain circumstances;
 2302         providing requirements for petitions for such ex parte
 2303         orders; providing for service of orders; providing for
 2304         the termination or extension of an order; providing
 2305         for the surrender and storage of firearms, ammunition,
 2306         and licenses to carry a concealed weapon or firearm
 2307         after issuance of a risk protection order; requiring
 2308         law enforcement agencies to develop certain policies
 2309         and procedures; providing for return of firearms and
 2310         ammunition upon the vacating or end without the
 2311         extension of an order under certain circumstances;
 2312         authorizing a respondent to elect to transfer all
 2313         firearms and ammunition surrendered or seized by a law
 2314         enforcement agency to another person under certain
 2315         circumstances; requiring a clerk of the court to
 2316         forward a copy of a risk protection order to the
 2317         appropriate law enforcement agency within a specified
 2318         timeframe; requiring the law enforcement agency to
 2319         enter the order into the Florida Crime Information
 2320         Center and the National Crime Information Center
 2321         systems; requiring that the order be maintained in the
 2322         systems for a specified period and prohibiting a law
 2323         enforcement from removing an order from the systems
 2324         which has not ended or been vacated; providing that
 2325         entry of an order into the systems constitutes notice
 2326         to law enforcement agencies; requiring an issuing
 2327         court to forward specified information concerning a
 2328         respondent to the Department of Agriculture and
 2329         Consumer Services within a specified timeframe;
 2330         requiring the department to suspend a license to carry
 2331         a concealed weapon or firearm which is held by a
 2332         person subject to such an order; prohibiting a person
 2333         from making a false statement under oath; providing
 2334         criminal penalties; prohibiting violations of such an
 2335         order; providing criminal penalties; providing
 2336         construction; providing that the risk protection order
 2337         provisions do not create liability for certain acts or
 2338         omissions; requiring the Office of the State Courts
 2339         Administrator to develop and distribute certain
 2340         instructional and informational material; amending
 2341         836.10, F.S.; prohibiting a person from making,
 2342         posting, or transmitting a threat to conduct a mass
 2343         shooting or an act of terrorism in a writing or other
 2344         record in any manner that would allow another person
 2345         to view the threat; providing criminal penalties;
 2346         amending 921.0022, F.S.; conforming a provision to
 2347         changes made by the act; creating s. 943.082, F.S.;
 2348         requiring the Department of Law Enforcement, in
 2349         collaboration with the Department of Legal Affairs, to
 2350         competitively procure a mobile suspicious activity
 2351         tool with certain features; requiring the department
 2352         to receive certain electronic reports; requiring the
 2353         reporting tool to notify the reporting party of
 2354         certain information; requiring the forwarding of
 2355         certain information to appropriate law enforcement
 2356         agencies; requiring that certain entities be made
 2357         aware of the reporting tool; requiring the department,
 2358         in collaboration with certain entities, to develop and
 2359         provide certain training and awareness relating to the
 2360         reporting tool; creating s. 943.687, F.S.; creating
 2361         the Marjory Stoneman Douglas High School Public Safety
 2362         Commission within the Department of Law Enforcement;
 2363         requiring the commission to convene by a certain date;
 2364         specifying the composition of the commission;
 2365         requiring Department of Law Enforcement staff to
 2366         assist the commission; specifying meeting
 2367         requirements; authorizing reimbursement for per diem
 2368         and travel expenses; providing the duties and
 2369         authority of the commission; requiring the commission
 2370         to submit an initial report to the Governor and the
 2371         Legislature within a specified time; providing for the
 2372         expiration of the commission; creating s. 1001.212,
 2373         F.S.; creating the Office of Safe Schools within the
 2374         Department of Education; providing duties of the
 2375         office; amending s. 1002.32, F.S.; conforming a cross
 2376         reference; amending s. 1006.04, F.S.; revising the
 2377         purpose and duties of the educational multiagency
 2378         network for students with emotional and behavioral
 2379         disabilities; amending s. 1006.07, F.S.; revising
 2380         district school board duties relating to student
 2381         discipline and school safety; requiring students to
 2382         note referrals to mental health services upon initial
 2383         registration for school within a school district;
 2384         authorizing a district school board to refer a student
 2385         to certain mental health services under certain
 2386         circumstances; revising the code of student conduct
 2387         relating to the referral of certain students to
 2388         certain mental health services and law enforcement;
 2389         providing requirements for student crime watch
 2390         programs; revising the policies and procedures for
 2391         emergency drills to include drills for active shooter
 2392         and hostage situations; providing requirements for
 2393         such drills; revising requirements for the emergency
 2394         response policy; requiring model emergency management
 2395         and emergency preparedness procedures for active
 2396         shooter situations; requiring school districts to
 2397         establish a schedule to test emergency communication
 2398         systems; requiring district school superintendents to
 2399         establish certain policies and procedures relating to
 2400         the prevention of violence on school grounds and
 2401         designate a school safety specialist for the school
 2402         district; providing requirements and duties for school
 2403         safety specialists; providing school safety specialist
 2404         requirements relating to the required school security
 2405         risk assessments; requiring each district school board
 2406         to establish a threat assessment team at each school
 2407         within the district; providing requirements and duties
 2408         for threat assessment teams; authorizing a threat
 2409         assessment team to obtain certain criminal history
 2410         record information under certain circumstances;
 2411         prohibiting a member of a threat assessment team from
 2412         disclosing or using such information except for a
 2413         specified purpose; authorizing certain entities to
 2414         share specified confidential information and records
 2415         relating to students for specified purposes;
 2416         authorizing school personnel to address an immediate
 2417         mental health or substance abuse crisis; providing
 2418         requirements for addressing such situations; providing
 2419         threat assessment team reporting requirements;
 2420         amending s. 1006.08, F.S.; requiring a district school
 2421         superintendent to be notified by the court of a
 2422         student referred to mental health services; amending
 2423         s. 1006.12, F.S.; requiring district school boards to
 2424         establish or assign safe-school officers at each
 2425         district school facility within the district;
 2426         requiring school resource officers and school safety
 2427         officers to undergo specified evaluations; amending s.
 2428         1006.13, F.S.; revising the policy of zero tolerance
 2429         for crime and victimization; providing district school
 2430         board responsibilities; authorizing a threat
 2431         assessment team to use specified alternatives to
 2432         expulsion or referral to law enforcement to address
 2433         disruptive behavior; providing requirements for zero
 2434         tolerance policies; requiring a threat assessment team
 2435         to consult with law enforcement under certain
 2436         circumstances; creating s. 1006.1493, F.S.; requiring
 2437         the department to contract with a security consulting
 2438         firm to develop, update, and implement a risk
 2439         assessment tool; providing requirements for the
 2440         Florida Safe Schools Assessment Tool; requiring
 2441         reports, training, and advice in the security
 2442         consulting firm contract; requiring a specified annual
 2443         report to the Governor and Legislature by a specified
 2444         date; providing for construction regarding the
 2445         applicability of public records exemptions for certain
 2446         security data and information; amending s. 1011.62,
 2447         F.S.; authorizing a district school board to use
 2448         certain categorical appropriations to improve school
 2449         safety; revising the safe schools allocation; creating
 2450         the mental health assistance allocation; providing the
 2451         purpose of the allocation; requiring that funds be
 2452         allocated annually in the General Appropriations Act;
 2453         providing for the annual allocation of such funds on a
 2454         specified basis; providing that eligible charter
 2455         schools are entitled to a proportionate share;
 2456         prohibiting the use of allocated funds to supplant
 2457         funds provided from other operating funds, to increase
 2458         salaries, or to provide bonuses, except in certain
 2459         circumstances; requiring that school districts and
 2460         schools maximize certain third-party funding;
 2461         requiring that school districts and charter schools
 2462         annually develop and submit certain detailed plans;
 2463         requiring that approved charter school plans be
 2464         provided to the district for submission to the
 2465         commissioner; providing that required plans must
 2466         include certain elements; requiring school districts
 2467         to annually submit approved plans to the Commissioner
 2468         of Education by a specified date; requiring that
 2469         entities receiving such allocations annually submit a
 2470         final report on program outcomes and specific
 2471         expenditures to the commissioner by a specified date;
 2472         creating s. 1012.584, F.S.; requiring the department
 2473         to establish a youth mental health awareness and
 2474         assistance training program for specified purposes;
 2475         providing department and program requirements;
 2476         requiring certain school personnel to receive such
 2477         training; requiring the school safety specialist to
 2478         ensure certain personnel receive such training;
 2479         requiring school districts to inform such personnel of
 2480         the mental health services available in the district;
 2481         providing appropriations for specified purposes;
 2482         providing appropriations; reenacting ss. 794.056 and
 2483         938.085, F.S.; relating to the Rape Crises Program
 2484         Trust Fund and additional cost to fund rape crises
 2485         centers, respectively, to incorporate the amendment
 2486         made to s. 836.10, F.S.; providing appropriations;
 2487         providing effective dates.