Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/HB 7065, 2nd Eng.
       
       
       
       
       
       
                                Ì453174+Î453174                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             03/10/2020 05:34 PM       .                                
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       Senator Lee moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 135 - 618
    4  and insert:
    5  district school board or charter school has failed to comply
    6  with the requirements relating to school safety and security,
    7  the commissioner shall issue a notice of noncompliance to the
    8  applicable school which identifies each violation, and require
    9  the school to comply with law within 30 calendar days. If the
   10  school does not become compliant within 30 days after the
   11  mailing of the notice, the commissioner shall recommend to the
   12  state board for approval the withholding of specified funds for
   13  the applicable school until the school becomes compliant. A
   14  district school board may not be held responsible for the
   15  failure of a charter school’s compliance with school safety
   16  requirements specified in law. The commissioner must facilitate
   17  compliance to the maximum extent provided under law, identify
   18  incidents of noncompliance, and impose or recommend to the State
   19  Board of Education, the Governor, or the Legislature enforcement
   20  and sanctioning actions pursuant to s. 1008.32 and other
   21  authority granted under law.
   22         Section 5. Paragraph (e) of subsection (4) of section
   23  1001.20, Florida Statutes, is amended to read:
   24         1001.20 Department under direction of state board.—
   25         (4) The Department of Education shall establish the
   26  following offices within the Office of the Commissioner of
   27  Education which shall coordinate their activities with all other
   28  divisions and offices:
   29         (e) Office of Inspector General.—Organized using existing
   30  resources and funds and responsible for promoting
   31  accountability, efficiency, and effectiveness and detecting
   32  fraud and abuse within school districts, the Florida School for
   33  the Deaf and the Blind, and Florida College System institutions
   34  in Florida. If the Commissioner of Education determines that a
   35  district school board, the Board of Trustees for the Florida
   36  School for the Deaf and the Blind, or a Florida College System
   37  institution board of trustees is unwilling or unable to address
   38  substantiated allegations made by any person relating to waste,
   39  fraud, or financial mismanagement within the school district,
   40  the Florida School for the Deaf and the Blind, or the Florida
   41  College System institution, the office shall conduct,
   42  coordinate, or request investigations into such substantiated
   43  allegations. If the Commissioner of Education determines that a
   44  district school board or charter school principal is unwilling
   45  or unable to address substantiated allegations made by any
   46  person relating to compliance with the requirements relating to
   47  school safety and security, the office shall conduct,
   48  coordinate, or request investigations into such substantiated
   49  allegations. The office shall investigate allegations or reports
   50  of possible fraud or abuse against a district school board made
   51  by any member of the Cabinet; the presiding officer of either
   52  house of the Legislature; a chair of a substantive or
   53  appropriations committee with jurisdiction; or a member of the
   54  board for which an investigation is sought. The office shall
   55  have access to all information and personnel necessary to
   56  perform its duties and shall have all of its current powers,
   57  duties, and responsibilities authorized in s. 20.055. The office
   58  may issue and serve subpoenas and subpoenas duces tecum to
   59  compel the attendance of witnesses and the production of
   60  documents, reports, answers, records, accounts, and other data
   61  in any medium. In the event of noncompliance with a subpoena or
   62  a subpoena duces tecum issued under this paragraph, the
   63  inspector general may petition the circuit court of the county
   64  in which the subpoenaed person resides or has his or her
   65  principal place of business for an order requiring the
   66  subpoenaed person to appear and testify and to produce
   67  documents, reports, answers, records, accounts, or other data as
   68  specified in the subpoena or subpoena duces tecum.
   69         Section 6. Subsections (14) and (15) of section 1001.212,
   70  Florida Statutes, are renumbered as subsections (15) and (16),
   71  respectively, subsections (2), (6), and (8) are amended, and a
   72  new subsection (14) is added to that section, to read:
   73         1001.212 Office of Safe Schools.—There is created in the
   74  Department of Education the Office of Safe Schools. The office
   75  is fully accountable to the Commissioner of Education. The
   76  office shall serve as a central repository for best practices,
   77  training standards, and compliance oversight in all matters
   78  regarding school safety and security, including prevention
   79  efforts, intervention efforts, and emergency preparedness
   80  planning. The office shall:
   81         (2) Provide ongoing professional development opportunities
   82  to school district and charter school personnel.
   83         (6) Coordinate with the Department of Law Enforcement to
   84  provide a unified search tool, known as the Florida School
   85  Safety Portal, centralized integrated data repository and data
   86  analytics resources to improve access to timely, complete, and
   87  accurate information integrating data from, at a minimum, but
   88  not limited to, the following data sources by August 1, 2019:
   89         (a) Social media Internet posts;
   90         (b) Department of Children and Families;
   91         (c) Department of Law Enforcement;
   92         (d) Department of Juvenile Justice;
   93         (e) Mobile suspicious activity reporting tool known as
   94  FortifyFL;
   95         (f) School environmental safety incident reports collected
   96  under subsection (8); and
   97         (g) Local law enforcement.
   98  
   99  Data that is exempt or confidential and exempt from public
  100  records requirements retains its exempt or confidential and
  101  exempt status when incorporated into the centralized integrated
  102  data repository. To maintain the confidentiality requirements
  103  attached to the information provided to the centralized
  104  integrated data repository by the various state and local
  105  agencies, data governance and security shall ensure compliance
  106  with all applicable state and federal data privacy requirements
  107  through the use of user authorization and role-based security,
  108  data anonymization and aggregation and auditing capabilities. To
  109  maintain the confidentiality requirements attached to the
  110  information provided to the centralized integrated data
  111  repository by the various state and local agencies, each source
  112  agency providing data to the repository shall be the sole
  113  custodian of the data for the purpose of any request for
  114  inspection or copies thereof under chapter 119. The department
  115  shall only allow access to data from the source agencies in
  116  accordance with rules adopted by the respective source agencies
  117  and the requirements of the Federal Bureau of Investigation
  118  Criminal Justice Information Services security policy, where
  119  applicable.
  120         (8) Provide technical assistance to school districts and
  121  charter school governing boards for school environmental safety
  122  incident reporting as required under s. 1006.07(9). The office
  123  shall collect data through school environmental safety incident
  124  reports on incidents involving any person which occur on school
  125  premises, on school transportation, and at off-campus, school
  126  sponsored events. The office shall review and evaluate school
  127  district reports to ensure compliance with reporting
  128  requirements. Upon notification by the department that a
  129  superintendent has failed to comply with the requirements of s.
  130  1006.07(9), the district school board shall withhold further
  131  payment of his or her salary as authorized under s.
  132  1001.42(13)(b) and impose other appropriate sanctions that the
  133  commissioner or state board by law may impose.
  134         (14)Develop, in coordination with the Division of
  135  Emergency Management, other federal, state, and local law
  136  enforcement agencies, fire and rescue agencies, and first
  137  responder agencies, a model family reunification plan for use by
  138  child care facilities, public K-12 schools, and public
  139  postsecondary institutions that are closed or unexpectedly
  140  evacuated due to a natural or manmade disaster.
  141         Section 7. Paragraph (c) of subsection (8) of section
  142  1002.33, Florida Statutes, is amended to read:
  143         1002.33 Charter schools.—
  144         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  145         (c) A charter may be terminated immediately if the sponsor
  146  sets forth in writing the particular facts and circumstances
  147  demonstrating indicating that an immediate and serious danger to
  148  the health, safety, or welfare of the charter school’s students
  149  exists, that the immediate and serious danger is likely to
  150  continue, and that an immediate termination of the charter is
  151  necessary. The sponsor’s determination is subject to the
  152  procedures set forth in paragraph (b), except that the hearing
  153  may take place after the charter has been terminated. The
  154  sponsor shall notify in writing the charter school’s governing
  155  board, the charter school principal, and the department of the
  156  facts and circumstances supporting the emergency termination if
  157  a charter is terminated immediately. The sponsor shall clearly
  158  identify the specific issues that resulted in the immediate
  159  termination and provide evidence of prior notification of issues
  160  resulting in the immediate termination, if applicable when
  161  appropriate. Upon receiving written notice from the sponsor, the
  162  charter school’s governing board has 10 calendar days to request
  163  a hearing. A requested hearing must be expedited and the final
  164  order must be issued within 60 days after the date of request.
  165  The sponsor shall assume operation of the charter school
  166  throughout the pendency of the hearing under paragraph (b)
  167  unless the continued operation of the charter school would
  168  materially threaten the health, safety, or welfare of the
  169  students. Failure by the sponsor to assume and continue
  170  operation of the charter school shall result in the awarding of
  171  reasonable costs and attorney’s fees to the charter school if
  172  the charter school prevails on appeal.
  173         Section 8. Paragraph (a) of subsection (4) and paragraph
  174  (a) of subsection (7) of section 1006.07, Florida Statutes, are
  175  amended, and paragraphs (n) and (o) are added to subsection (2)
  176  and paragraph (d) is added to subsection (6) of that section, to
  177  read:
  178         1006.07 District school board duties relating to student
  179  discipline and school safety.—The district school board shall
  180  provide for the proper accounting for all students, for the
  181  attendance and control of students at school, and for proper
  182  attention to health, safety, and other matters relating to the
  183  welfare of students, including:
  184         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  185  conduct for elementary schools and a code of student conduct for
  186  middle and high schools and distribute the appropriate code to
  187  all teachers, school personnel, students, and parents, at the
  188  beginning of every school year. Each code shall be organized and
  189  written in language that is understandable to students and
  190  parents and shall be discussed at the beginning of every school
  191  year in student classes, school advisory council meetings, and
  192  parent and teacher association or organization meetings. Each
  193  code shall be based on the rules governing student conduct and
  194  discipline adopted by the district school board and shall be
  195  made available in the student handbook or similar publication.
  196  Each code shall include, but is not limited to:
  197         (n)Criteria for recommending to law enforcement that a
  198  student who commits a criminal offense be allowed to participate
  199  in a civil citation or similar prearrest diversion program as an
  200  alternative to expulsion or arrest. All civil citation or
  201  similar prearrest diversion programs must comply with s. 985.12.
  202         (o)Criteria for assigning a student who commits a petty
  203  act of misconduct, as defined by the district school board
  204  pursuant to s. 1006.13(2)(c), to a school-based intervention
  205  program. A student’s participation in a school-based
  206  intervention program may not be entered into the Juvenile
  207  Justice Information System Prevention Web.
  208         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  209         (a) Formulate and prescribe policies and procedures, in
  210  consultation with the appropriate public safety agencies, for
  211  emergency drills and for actual emergencies, including, but not
  212  limited to, fires, natural disasters, active shooter and hostage
  213  situations, and bomb threats, for all students and faculty at
  214  all public schools of the district comprised of grades K-12.
  215  Drills for active shooter and hostage situations shall be
  216  conducted in accordance with developmentally appropriate and
  217  age-appropriate procedures at least as often as other emergency
  218  drills. District school board policies shall include commonly
  219  used alarm system responses for specific types of emergencies
  220  and verification by each school that drills have been provided
  221  as required by law and fire protection codes and may provide
  222  accommodations for drills conducted by ESE centers. The
  223  emergency response policy shall identify the individuals
  224  responsible for contacting the primary emergency response agency
  225  and the emergency response agency that is responsible for
  226  notifying the school district for each type of emergency.
  227         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  228  school superintendent shall establish policies and procedures
  229  for the prevention of violence on school grounds, including the
  230  assessment of and intervention with individuals whose behavior
  231  poses a threat to the safety of the school community.
  232         (d)Each district school board and charter school governing
  233  board must adopt, in coordination with local law enforcement
  234  agencies, a family reunification plan to reunite students and
  235  employees with their families in the event that a school is
  236  closed or unexpectedly evacuated due to a natural or manmade
  237  disaster.
  238         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  239  shall adopt policies for the establishment of threat assessment
  240  teams at each school whose duties include the coordination of
  241  resources and assessment and intervention with individuals whose
  242  behavior may pose a threat to the safety of school staff or
  243  students consistent with the model policies developed by the
  244  Office of Safe Schools. Such policies must include procedures
  245  for referrals to mental health services identified by the school
  246  district pursuant to s. 1012.584(4), when appropriate, and
  247  procedures for behavioral threat assessments in compliance with
  248  the instrument developed pursuant to s. 1001.212(12).
  249         (a) A threat assessment team shall include persons with
  250  expertise in counseling, instruction, school administration, and
  251  law enforcement. Members of the threat assessment team must be
  252  involved in the threat assessment process and final decision.
  253  The threat assessment teams shall identify members of the school
  254  community to whom threatening behavior should be reported and
  255  provide guidance to students, faculty, and staff regarding
  256  recognition of threatening or aberrant behavior that may
  257  represent a threat to the community, school, or self. Upon the
  258  availability of the behavioral threat assessment instrument
  259  developed pursuant to s. 1001.212(12), the threat assessment
  260  team shall use that instrument.
  261         Section 9. Section 1006.12, Florida Statutes, is amended to
  262  read:
  263         1006.12 Safe-school officers at each public school.—For the
  264  protection and safety of school personnel, property, students,
  265  and visitors, each district school board and school district
  266  superintendent shall partner with law enforcement agencies or
  267  security agencies to establish or assign one or more safe-school
  268  officers at each school facility within the district, including
  269  charter schools. A district school board must collaborate with
  270  charter school governing boards to facilitate charter school
  271  access to all safe-school officer options available under this
  272  section. The school district may implement any combination of
  273  the options in subsections (1)-(4) to best meet the needs of the
  274  school district and charter schools.
  275         (1) SCHOOL RESOURCE OFFICER.—A school district may
  276  establish school resource officer programs through a cooperative
  277  agreement with law enforcement agencies.
  278         (a) School resource officers shall undergo criminal
  279  background checks, drug testing, and a psychological evaluation
  280  and be certified law enforcement officers, as defined in s.
  281  943.10(1), who are employed by a law enforcement agency as
  282  defined in s. 943.10(4). The powers and duties of a law
  283  enforcement officer shall continue throughout the employee’s
  284  tenure as a school resource officer.
  285         (b) School resource officers shall abide by district school
  286  board policies and shall consult with and coordinate activities
  287  through the school principal, but shall be responsible to the
  288  law enforcement agency in all matters relating to employment,
  289  subject to agreements between a district school board and a law
  290  enforcement agency. Activities conducted by the school resource
  291  officer which are part of the regular instructional program of
  292  the school shall be under the direction of the school principal.
  293         (c)Complete mental health crisis intervention training
  294  using a curriculum developed by a national organization with
  295  expertise in mental health crisis intervention. The training
  296  shall improve officers’ knowledge and skills as first responders
  297  to incidents involving students with emotional disturbance or
  298  mental illness, including de-escalation skills to ensure student
  299  and officer safety.
  300         (2) SCHOOL SAFETY OFFICER.—A school district may commission
  301  one or more school safety officers for the protection and safety
  302  of school personnel, property, and students within the school
  303  district. The district school superintendent may recommend, and
  304  the district school board may appoint, one or more school safety
  305  officers.
  306         (a) School safety officers shall undergo criminal
  307  background checks, drug testing, and a psychological evaluation
  308  and be law enforcement officers, as defined in s. 943.10(1),
  309  certified under the provisions of chapter 943 and employed by
  310  either a law enforcement agency or by the district school board.
  311  If the officer is employed by the district school board, the
  312  district school board is the employing agency for purposes of
  313  chapter 943, and must comply with the provisions of that
  314  chapter.
  315         (b) A school safety officer has and shall exercise the
  316  power to make arrests for violations of law on district school
  317  board property or on property owned or leased by a charter
  318  school under the charter contract, as applicable, and to arrest
  319  persons, whether on or off such property, who violate any law on
  320  such property under the same conditions that deputy sheriffs are
  321  authorized to make arrests. A school safety officer has the
  322  authority to carry weapons when performing his or her official
  323  duties.
  324         (c) A district school board may enter into mutual aid
  325  agreements with one or more law enforcement agencies as provided
  326  in chapter 23. A school safety officer’s salary may be paid
  327  jointly by the district school board and the law enforcement
  328  agency, as mutually agreed to.
  329         (3) SCHOOL GUARDIAN.—At the school district’s or the
  330  charter school governing board’s discretion, as applicable,
  331  pursuant to s. 30.15, a school district or charter school
  332  governing board may participate in the Coach Aaron Feis Guardian
  333  Program to meet the requirement of establishing a safe-school
  334  officer. The following individuals may serve as a school
  335  guardian, in support of school-sanctioned activities for
  336  purposes of s. 790.115, upon satisfactory completion of the
  337  requirements under s. 30.15(1)(k) and certification by a
  338  sheriff:
  339         (a) A school district employee or personnel, as defined
  340  under s. 1012.01, or a charter school employee, as provided
  341  under s. 1002.33(12)(a), who volunteers to serve as a school
  342  guardian in addition to his or her official job duties; or
  343         (b) An employee of a school district or a charter school
  344  who is hired for the specific purpose of serving as a school
  345  guardian.
  346         (4) SCHOOL SECURITY GUARD.—A school district or charter
  347  school governing board may contract with a security agency as
  348  defined in s. 493.6101(18) to employ as a school security guard
  349  an individual who holds a Class “D” and Class “G” license
  350  pursuant to chapter 493, provided the following training and
  351  contractual conditions are met:
  352         (a) An individual who serves as a school security guard,
  353  for purposes of satisfying the requirements of this section,
  354  must:
  355         1. Demonstrate completion of 144 hours of required training
  356  pursuant to s. 30.15(1)(k)2.
  357         2. Pass a psychological evaluation administered by a
  358  psychologist licensed under chapter 490 and designated by the
  359  Department of Law Enforcement and submit the results of the
  360  evaluation to the sheriff’s office, school district, or charter
  361  school governing board, as applicable. The Department of Law
  362  Enforcement is authorized to provide the sheriff’s office,
  363  school district, or charter school governing board with mental
  364  health and substance abuse data for compliance with this
  365  paragraph.
  366         3. Submit to and pass an initial drug test and subsequent
  367  random drug tests in accordance with the requirements of s.
  368  112.0455 and the sheriff’s office, school district, or charter
  369  school governing board, as applicable.
  370         4. Successfully complete ongoing training, weapon
  371  inspection, and firearm qualification on at least an annual
  372  basis and provide documentation to the sheriff’s office, school
  373  district, or charter school governing board, as applicable.
  374         (b) The contract between a security agency and a school
  375  district or a charter school governing board regarding
  376  requirements applicable to school security guards serving in the
  377  capacity of a safe-school officer for purposes of satisfying the
  378  requirements of this section shall define the entity or entities
  379  responsible for training and the responsibilities for
  380  maintaining records relating to training, inspection, and
  381  firearm qualification.
  382         (c) School security guards serving in the capacity of a
  383  safe-school officer pursuant to this subsection are in support
  384  of school-sanctioned activities for purposes of s. 790.115, and
  385  must aid in the prevention or abatement of active assailant
  386  incidents on school premises.
  387         (5) NOTIFICATION.—The district school superintendent or
  388  charter school administrator school district shall notify the
  389  county sheriff and the Office of Safe Schools immediately after,
  390  but no later than 72 hours after:
  391         (a) A safe-school officer is dismissed for misconduct or is
  392  otherwise disciplined.
  393         (b) A safe-school officer discharges his or her firearm in
  394  the exercise of the safe-school officer’s duties, other than for
  395  training purposes.
  396         (6)CRISIS INTERVENTION TRAINING.—Each safe-school officer
  397  must complete mental health crisis intervention training using a
  398  curriculum developed by a national organization with expertise
  399  in mental health crisis intervention. The training shall improve
  400  the officer’s knowledge and skills as a first responder to
  401  incidents involving students with emotional disturbance or
  402  mental illness, including de-escalation skills to ensure student
  403  and officer safety.
  404         (7)LIMITATIONS.—An individual must satisfy the background
  405  screening, psychological evaluation, and drug test requirements
  406  and be approved by the sheriff before participating in any
  407  training required by s. 30.15(1)(k), which may only be conducted
  408  by a sheriff.
  409         (8)(6) EXEMPTION.—Any information that would identify
  410  whether a particular individual has been appointed as a safe
  411  school officer pursuant to this section held by a law
  412  enforcement agency, school district, or charter school is exempt
  413  from s. 119.07(1) and s. 24(a), Art. I of the State
  414  Constitution. This subsection is subject to the Open Government
  415  Sunset Review Act in accordance with s. 119.15 and shall stand
  416  repealed on October 2, 2023, unless reviewed and saved from
  417  repeal through reenactment by the Legislature.
  418  
  419  If a district school board, through its adopted policies,
  420  procedures, or actions, denies a charter school access to any
  421  safe-school officer options pursuant to this section or if the
  422  charter school notifies the school district that it is unable to
  423  obtain a school resource officer or school safety officer on the
  424  same terms and conditions as the school district or that its
  425  employees are unable to complete guardian training in time to
  426  meet the requirements of law, the school district must assign a
  427  school resource officer or school safety officer to the charter
  428  school. Under such circumstances, the charter school’s share of
  429  the costs of the school resource officer or school safety
  430  officer may not exceed the safe school allocation funds provided
  431  to the charter school pursuant to s. 1011.62(15) and shall be
  432  retained by the school district.
  433         Section 10. Paragraph (d) is added to subsection (4) of
  434  section 1006.13, Florida Statutes, to read:
  435         1006.13 Policy of zero tolerance for crime and
  436  victimization.—
  437         (4)
  438         (d)1.This paragraph may be cited as the “Kaia Rolle Act.”
  439         2.The agreements must also disclose the procedures adopted
  440  by the sheriff and local police department that must be used by
  441  law enforcement officers before arresting any student 10 years
  442  of age or younger on school grounds.
  443         Section 11. Paragraph (a) of subsection (2) of section
  444  1006.1493, Florida Statutes, is amended to read:
  445         1006.1493 Florida Safe Schools Assessment Tool.—
  446         (2) The FSSAT must help school officials identify threats,
  447  vulnerabilities, and appropriate safety controls for the schools
  448  that they supervise, pursuant to the security risk assessment
  449  requirements of s. 1006.07(6).
  450         (a) At a minimum, the FSSAT must address all of the
  451  following components:
  452         1. School emergency and crisis preparedness planning;
  453         2. Security, crime, and violence prevention policies and
  454  procedures;
  455         3. Physical security measures;
  456         4. Professional development training needs;
  457         5. An examination of support service roles in school
  458  safety, security, and emergency planning;
  459         6. School security and school police staffing, operational
  460  practices, and related services;
  461         7. School and community collaboration on school safety; and
  462         8.Policies and procedures to prepare for and respond to
  463  natural and manmade disasters, including family reunification
  464  plans to reunite students and employees with their families
  465  after a school is closed or unexpectedly evacuated due to such
  466  disasters; and
  467         9.8. A return on investment analysis of the recommended
  468  physical security controls.
  469  
  470  ================= T I T L E  A M E N D M E N T ================
  471  And the title is amended as follows:
  472         Delete lines 65 - 68
  473  and insert:
  474         amending s. 1011.62, F.S.;