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A bill to be entitled

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An act relating to school board policies for addressing

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crime and victimization; amending s. 1006.13, F.S.;

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requiring that a district school board adopt a policy of

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zero tolerance in addressing certain crimes and cases of

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victimization; providing that a student found to have

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committed a specified offense may be expelled, suspended,

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or referred to the criminal justice or juvenile justice

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system; allowing a student found not guilty to return to

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his or her home school; authorizing a school board to

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assign a student to a disciplinary program during the

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period of suspension or expulsion; requiring that a

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district school superintendent consider expulsions or

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suspensions on a case-by-case basis; deleting a

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requirement that a request to modify a student's

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disciplinary program be in writing; requiring district

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school boards, county sheriff's offices, and local police

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to enter into agreements specifying guidelines for

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reporting crimes that involve conduct that poses a serious

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threat to school safety; charging school principals with

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responsibility for ensuring that all school personnel are

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aware of their responsibilities regarding crimes and

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conduct that poses a serious threat to school safety;

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providing that students found guilty of certain violations

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may be expelled, suspended, or placed in an alternative

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school setting or other program providing appropriate

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educational services; requiring district school boards to

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ensure that an offender continues to receive appropriate

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educational services; providing an effective date.

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

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     Section 1.  Section 1006.13, Florida Statutes, is amended to

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read:

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     1006.13 Policy of zero tolerance for addressing crime and

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victimization.--

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

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tolerance to address for:

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     (a)  Crime and substance abuse, including the reporting of

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delinquent acts and crimes occurring whenever and wherever

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students are under the jurisdiction of the district school board.

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     (b) Victimization of students, including taking appropriate

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all steps necessary to protect the victim of a any violent crime

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from any further victimization.

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     (2) The zero tolerance policy may shall require that

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students found to have committed one of the following offenses to

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be expelled or suspended, with or without continuing educational

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services, from the student's regular school or for a period of

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not less than 1 full year, and to be referred to the criminal

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justice or juvenile justice system. However, if a referred

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student is not prosecuted or is found not guilty, the student may

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be returned to the student's regular school.

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     (a)  Bringing a firearm or weapon, as defined in chapter

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790, to school, to any school function, or onto any school-

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sponsored transportation or possessing a firearm at school.

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

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790.162 and 790.163, respectively, involving school or school

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

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sponsored activity.

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District school boards may assign the student to a disciplinary

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program for the purpose of continuing educational services during

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the period of expulsion or suspension. District school

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superintendents shall may consider the 1-year expulsion or

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suspension requirement on a case-by-case basis and request the

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district school board to modify the requirement by assigning the

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student to a disciplinary program or second chance school if the

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request for modification is in writing and it is determined to be

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in the best interest of the student and the school system. If a

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student committing any of the offenses in this subsection is a

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student with a disability, the district school board shall comply

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with applicable State Board of Education rules.

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     (3)  Each district school board shall enter into agreements

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with the county sheriff's office and local police department

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specifying guidelines for ensuring that felonies and violent

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misdemeanors, whether committed by a student or adult, and

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delinquent acts that would be felonies or violent misdemeanors if

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committed by an adult, are reported to law enforcement if it

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involves conduct that poses a serious threat to school safety.

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Each district school board shall adopt a cooperative agreement,

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pursuant to s. 1003.52(13) with the Department of Juvenile

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Justice, that specifies guidelines for ensuring that all no

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contact orders entered by the court are reported and enforced and

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that all steps necessary are taken to protect the victim of any

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such crime. Such agreements shall include the role of school

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resource officers, if applicable, in handling reported incidents,

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special circumstances in which school officials may handle

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incidents without filing a report to law enforcement, and a

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procedure for ensuring that school personnel properly report

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appropriate delinquent acts and crimes. The school principal

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shall be responsible for ensuring that all school personnel are

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properly informed as to their responsibilities regarding crime

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reporting, that appropriate delinquent acts and crimes that

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involve conduct that poses a serious threat to school safety are

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properly reported, and that actions taken in cases with special

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circumstances are properly taken and documented.

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     (4)  Notwithstanding any other provision of law, each

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district school board shall adopt rules providing that any

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student found to have committed a violation of s. 784.081(1),

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(2), or (3) may shall be expelled, suspended, or placed in an

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alternative school setting or other program with, as appropriate

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educational services. Upon being charged with the offense, the

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student shall be removed from the classroom immediately and

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placed in an alternative school setting pending disposition.

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     (5)(a)  Notwithstanding any provision of law prohibiting the

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disclosure of the identity of a minor, whenever any student who

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is attending public school is adjudicated guilty of or delinquent

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for, or is found to have committed, regardless of whether

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adjudication is withheld, or pleads guilty or nolo contendere to,

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a felony violation of:

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     1.  Chapter 782, relating to homicide;

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     2.  Chapter 784, relating to assault, battery, and culpable

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negligence;

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     3.  Chapter 787, relating to kidnapping, false imprisonment,

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luring or enticing a child, and custody offenses;

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     4.  Chapter 794, relating to sexual battery;

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     5.  Chapter 800, relating to lewdness and indecent exposure;

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     6.  Chapter 827, relating to abuse of children;

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     7.  Section 812.13, relating to robbery;

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     8.  Section 812.131, relating to robbery by sudden

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snatching;

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     9.  Section 812.133, relating to carjacking; or

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     10.  Section 812.135, relating to home-invasion robbery,

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and, before or at the time of such adjudication, withholding of

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adjudication, or plea, the offender was attending a school

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attended by the victim or a sibling of the victim of the offense,

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the Department of Juvenile Justice shall notify the appropriate

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district school board of the adjudication or plea, the

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requirements of this paragraph, and whether the offender is

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prohibited from attending that school or riding on a school bus

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whenever the victim or a sibling of the victim is attending the

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same school or riding on the same school bus, except as provided

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pursuant to a written disposition order under s. 985.455(2). Upon

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receipt of such notice, the district school board shall take

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appropriate action to effectuate the provisions of paragraph (b).

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     (b)  Any offender described in paragraph (a), who is not

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exempted as provided in paragraph (a), shall not attend any

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school attended by the victim or a sibling of the victim of the

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offense or ride on a school bus on which the victim or a sibling

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of the victim is riding. The offender shall be permitted by the

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district school board to attend another school within the

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district in which the offender resides, provided the other school

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is not attended by the victim or sibling of the victim of the

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offense; or the offender may be permitted by another district

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school board to attend a school in that district if the offender

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is unable to attend any school in the district in which the

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offender resides.

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     (c)  If the offender is unable to attend any other school in

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the district in which the offender resides and is prohibited from

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attending school in another school district, the district school

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board in the school district in which the offender resides shall

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take every reasonable precaution to keep the offender separated

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from the victim while on school grounds or on school

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transportation. The steps to be taken by a district school board

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to keep the offender separated from the victim shall include, but

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are not limited to, in-school suspension of the offender and the

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scheduling of classes, lunch, or other school activities of the

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victim and the offender so as not to coincide.

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     (d)  The offender, or the parents of the offender if the

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offender is a juvenile, shall be responsible for arranging and

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paying for transportation associated with or required by the

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offender's attending another school or that would be required as

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a consequence of the prohibition against riding on a school bus

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on which the victim or a sibling of the victim is riding.

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However, the offender or the parents of the offender shall not be

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charged for existing modes of transportation that can be used by

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the offender at no additional cost to the district school board.

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     (e) Notwithstanding paragraph (b), paragraph (c), or

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paragraph (d), the district school board must ensure that the

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offender continues to receive appropriate educational services.

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     Section 2.  This act shall take effect July 1, 2008.