Senate Bill sb0492

    Florida Senate - 2001                                   SB 492

    By Senator Rossin





    35-13-01

  1                      A bill to be entitled

  2         An act relating to the offense of possessing a

  3         firearm at school; amending s. 230.235, F.S.;

  4         requiring that a child convicted of bringing a

  5         firearm to school, to any school function, or

  6         onto any school-sponsored transportation be

  7         assigned to a disciplinary program or

  8         second-chance school; requiring that the child

  9         be placed into secure detention and criminally

10         prosecuted if the child fails to comply with

11         the requirements of the disciplinary program or

12         second-chance school; providing an effective

13         date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 230.235, Florida Statutes, is

18  amended to read:

19         230.235  Policy of zero tolerance for crime.--

20         (1)  Each school district shall adopt a policy of zero

21  tolerance for crime and substance abuse pursuant to this

22  section. Such a policy shall include the reporting of

23  delinquent acts and crimes occurring whenever and wherever

24  students are under the jurisdiction of the school district.

25         (2)(a)  The policy shall require students found to have

26  committed one of the following offenses to be expelled, with

27  or without continuing educational services, from the student's

28  regular school for a period of not less than 1 full year, and

29  to be referred for criminal prosecution:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 492
    35-13-01




  1         1.(a)  Bringing a firearm or weapon, as defined in

  2  chapter 790, to school, to any school function, or onto any

  3  school-sponsored transportation.

  4         2.(b)  Making a threat or false report, as defined by

  5  ss. 790.162 and 790.163, respectively, involving school or

  6  school personnel's property, school transportation, or a

  7  school-sponsored activity.

  8         (b)  Except as provided in paragraph (c), district

  9  school boards may assign the student to a disciplinary program

10  or second-chance second chance school for the purpose of

11  continuing educational services during the period of

12  expulsion. Superintendents may consider the 1-year expulsion

13  requirement on a case-by-case basis and request the district

14  school board to modify the requirement by assigning the

15  student to a disciplinary program or second-chance second

16  chance school if it is determined to be in the best interest

17  of the student and the school system. If a student committing

18  any of the offenses in paragraph (a) this subsection is a

19  student with a disability, the school district shall comply

20  with procedures pursuant to s. 232.251 and any applicable

21  state board rule.

22         (c)  Any child convicted of bringing a firearm to

23  school, to any school function, or onto any school-sponsored

24  transportation must be assigned to a disciplinary program or

25  second-chance school during the period of expulsion if such a

26  program is available within the school district. If the child

27  fails to attend or comply with the requirements of the

28  disciplinary program or second-chance school, the child shall

29  be placed into secure detention care, as provided in s.

30  985.215, and shall be prosecuted as provided by law.

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    Florida Senate - 2001                                   SB 492
    35-13-01




  1         (3)  Each school district shall enter into an agreement

  2  with the county sheriff's office or local police department

  3  specifying guidelines for ensuring that felonies and violent

  4  misdemeanors, whether committed by a student or adult, and

  5  delinquent acts that would be felonies or violent misdemeanors

  6  if committed by an adult, are reported to law enforcement.

  7  Such agreements shall include the role of school resource

  8  officers, if applicable, in handling reported incidents,

  9  special circumstances in which school officials may handle

10  incidents without filing a report to law enforcement, and a

11  procedure for ensuring that school personnel properly report

12  appropriate delinquent acts and crimes. The school principal

13  shall be responsible for ensuring that all school personnel

14  are properly informed as to their responsibilities regarding

15  crime reporting, that appropriate delinquent acts and crimes

16  are properly reported, and that actions taken in cases with

17  special circumstances are properly taken and documented.

18         Section 2.  This act shall take effect July 1, 2001.

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21                          SENATE SUMMARY

22    Requires that a child who is convicted of bringing a
      firearm to school, to any school function, or onto any
23    school-sponsored transportation be assigned to a
      disciplinary program or second-chance school if such
24    program is available within the school district. If the
      child fails to comply with the requirements of the
25    disciplinary program or second-chance school, requires
      that the child be placed into secure detention and
26    criminally prosecuted.

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CODING: Words stricken are deletions; words underlined are additions.