HB 1345

1	A bill to be entitled
2	An act relating to public school safety; amending s.
3	1006.13, F.S.; revising requirements of district school
4	board policies of zero tolerance for crime and
5	victimization; authorizing expulsion, suspension, or
6	placement in an alternative program of students found to
7	have committed certain offenses; requiring consideration
8	on a case-by-case basis; revising guidelines for reporting
9	certain acts; requiring appropriate continuing educational
10	services for student offenders; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 1006.13, Florida Statutes, is amended
16	to read:
17	1006.13  Policy of zero tolerance that addresses for crime
18	and victimization.--
19	(1)  Each district school board shall adopt a policy of
20	zero tolerance that addresses for:
21	(a)  Crime and substance abuse, including the reporting of
22	delinquent acts and crimes occurring whenever and wherever
23	students are under the jurisdiction of the district school
24	board.
25	(b)  Victimization of students, including taking
26	appropriate all steps necessary to protect the victims victim of
27	any violent crime from any further victimization.
28	(2)  The zero-tolerance zero tolerance policy may shall
29	require students found to have committed one of the following
30	offenses to be expelled or suspended, with or without continuing
31	educational services, from the student's regular school or for a
32	period of not less than 1 full year, and to be referred to the
33	criminal justice or juvenile justice system; however, if a
34	referred student is not prosecuted or is found not guilty, the
35	student shall be returned to the student's regular school:.
36	(a)  Bringing a firearm or weapon, as defined in chapter
37	790, to school, to any school function, or onto any school-
38	sponsored transportation or possessing a firearm at school.
39	(b)  Making a threat or false report, as defined by ss.
40	790.162 and 790.163, respectively, involving school or school
41	personnel's property, school transportation, or a school-
42	sponsored activity.
43
44	District school boards may assign the student to a disciplinary
45	program for the purpose of continuing educational services
46	during the period of expulsion or suspension. District school
47	superintendents shall may consider the 1-year expulsion or
48	suspension requirement on a case-by-case basis and request the
49	district school board to assign modify the requirement by
50	assigning the student to a disciplinary program or second chance
51	school if the request for modification is in writing and it is
52	determined to be in the best interest of the student and the
53	school system. If a student committing any of the offenses in
54	this subsection is a student with a disability, the district
55	school board shall comply with applicable State Board of
56	Education rules.
57	(3)  Each district school board shall enter into agreements
58	with the county sheriff's office and local police department
59	specifying guidelines for ensuring that felonies and violent
60	misdemeanors, whether committed by a student or adult, and
61	delinquent acts that would be felonies or violent misdemeanors
62	if committed by an adult, are reported to law enforcement if
63	they involve conduct that poses a serious threat to school
64	safety. Each district school board shall adopt a cooperative
65	agreement, pursuant to s. 1003.52(13) with the Department of
66	Juvenile Justice, that specifies guidelines for ensuring that
67	all no contact orders entered by the court are reported and
68	enforced and that all steps necessary are taken to protect the
69	victim of any such crime. Such agreements shall include the role
70	of school resource officers, if applicable, in handling reported
71	incidents, special circumstances in which school officials may
72	handle incidents without filing a report to law enforcement, and
73	a procedure for ensuring that school personnel properly report
74	appropriate delinquent acts and crimes. The school principal
75	shall be responsible for ensuring that all school personnel are
76	properly informed as to their responsibilities regarding crime
77	reporting, that appropriate delinquent acts and crimes involving
78	conduct that poses a serious threat to school safety are
79	properly reported, and that actions taken in cases with special
80	circumstances are properly taken and documented.
81	(4)  Notwithstanding any other provision of law, each
82	district school board shall adopt rules providing that any
83	student found to have committed a violation of s. 784.081 may s.
84	784.081(1), (2), or (3) shall be expelled, suspended, or placed
85	in an alternative school setting or other program with
86	appropriate continuing educational services, as appropriate.
87	Upon being charged with the offense, the student shall be
88	removed from the classroom immediately and placed in an
89	alternative school setting pending disposition.
90	(5)(a)  Notwithstanding any provision of law prohibiting
91	the disclosure of the identity of a minor, whenever any student
92	who is attending public school is adjudicated guilty of or
93	delinquent for, or is found to have committed, regardless of
94	whether adjudication is withheld, or pleads guilty or nolo
95	contendere to, a felony violation of:
96	1.  Chapter 782, relating to homicide;
97	2.  Chapter 784, relating to assault, battery, and culpable
98	negligence;
99	3.  Chapter 787, relating to kidnapping, false
100	imprisonment, luring or enticing a child, and custody offenses;
101	4.  Chapter 794, relating to sexual battery;
102	5.  Chapter 800, relating to lewdness and indecent
103	exposure;
104	6.  Chapter 827, relating to abuse of children;
105	7.  Section 812.13, relating to robbery;
106	8.  Section 812.131, relating to robbery by sudden
107	snatching;
108	9.  Section 812.133, relating to carjacking; or
109	10.  Section 812.135, relating to home-invasion robbery,
110
111	and, before or at the time of such adjudication, withholding of
112	adjudication, or plea, the offender was attending a school
113	attended by the victim or a sibling of the victim of the
114	offense, the Department of Juvenile Justice shall notify the
115	appropriate district school board of the adjudication or plea,
116	the requirements of this paragraph, and whether the offender is
117	prohibited from attending that school or riding on a school bus
118	whenever the victim or a sibling of the victim is attending the
119	same school or riding on the same school bus, except as provided
120	pursuant to a written disposition order under s. 985.455(2).
121	Upon receipt of such notice, the district school board shall
122	take appropriate action to effectuate the provisions of
123	paragraph (b).
124	(b)  Any offender described in paragraph (a), who is not
125	exempted as provided in paragraph (a), shall not attend any
126	school attended by the victim or a sibling of the victim of the
127	offense or ride on a school bus on which the victim or a sibling
128	of the victim is riding. The offender shall be permitted by the
129	district school board to attend another school within the
130	district in which the offender resides, provided the other
131	school is not attended by the victim or sibling of the victim of
132	the offense; or the offender may be permitted by another
133	district school board to attend a school in that district if the
134	offender is unable to attend any school in the district in which
135	the offender resides.
136	(c)  If the offender is unable to attend any other school
137	in the district in which the offender resides and is prohibited
138	from attending school in another school district, the district
139	school board in the school district in which the offender
140	resides shall take every reasonable precaution to keep the
141	offender separated from the victim while on school grounds or on
142	school transportation. The steps to be taken by a district
143	school board to keep the offender separated from the victim
144	shall include, but are not limited to, in-school suspension of
145	the offender and the scheduling of classes, lunch, or other
146	school activities of the victim and the offender so as not to
147	coincide.
148	(d)  The offender, or the parents of the offender if the
149	offender is a juvenile, shall be responsible for arranging and
150	paying for transportation associated with or required by the
151	offender's attending another school or that would be required as
152	a consequence of the prohibition against riding on a school bus
153	on which the victim or a sibling of the victim is riding.
154	However, the offender or the parents of the offender shall not
155	be charged for existing modes of transportation that can be used
156	by the offender at no additional cost to the district school
157	board.
158	(e)  Notwithstanding paragraphs (b), (c), and (d), the
159	district school board must ensure that the offender continues to
160	receive appropriate educational services.
161	Section 2.  This act shall take effect July 1, 2007.

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