Florida Senate - 2009                                     SB 406
       
       
       
       By Senator Sobel
       
       
       
       
       31-00540-09                                            2009406__
    1                        A bill to be entitled                      
    2         An act relating to school safety; amending s. 1006.13,
    3         F.S.; revising a provision relating to a policy of
    4         zero tolerance to include the victimization of
    5         teachers and other school personnel; clarifying a
    6         provision that requires students who have committed
    7         certain felony offenses to be expelled; providing an
    8         effective date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Paragraph (b) of subsection (1) and subsection
   13  (2) of section 1006.13, Florida Statutes, are amended to read:
   14         1006.13 Policy of zero tolerance for crime and
   15  victimization.—
   16         (1) Each district school board shall adopt a policy of zero
   17  tolerance for:
   18         (b) Victimization of students, teachers, and other school
   19  personnel, including taking all steps necessary to protect the
   20  victim of any violent crime from any further victimization.
   21         (2) The zero tolerance policy shall require students found
   22  to have committed one of the following felony offenses to be
   23  expelled, with or without continuing educational services, from
   24  the student's regular school for a period of not less than 1
   25  full year, and to be referred to the criminal justice or
   26  juvenile justice system.
   27         (a) Bringing a firearm or weapon, as defined in chapter
   28  790, to school, to any school function, or onto any school
   29  sponsored transportation or possessing a firearm at school.
   30         (b) Making a threat or false report, as defined by ss.
   31  790.162 and 790.163, respectively, involving school or school
   32  personnel's property, school transportation, or a school
   33  sponsored activity.
   34  District school boards may assign the student to a disciplinary
   35  program for the purpose of continuing educational services
   36  during the period of expulsion. District school superintendents
   37  may consider the 1-year expulsion requirement on a case-by-case
   38  basis and request the district school board to modify the
   39  requirement by assigning the student to a disciplinary program
   40  or second chance school if the request for modification is in
   41  writing and it is determined to be in the best interest of the
   42  student and the school system. If a student committing any of
   43  the offenses in this subsection is a student with a disability,
   44  the district school board shall comply with applicable State
   45  Board of Education rules.
   46         Section 2. This act shall take effect July 1, 2009.