Florida Senate - 2018                             CS for SB 7026
       
       
        
       By the Committees on Appropriations; and Rules
       
       
       
       
       
       576-03829-18                                          20187026c1
    1                        A bill to be entitled                      
    2         An act relating to public safety; providing a short
    3         title; providing legislative findings; creating s.
    4         16.63, F.S.; establishing the Medical Reimbursement
    5         Program for Victims of Mass Shootings in the
    6         Department of Legal Affairs; defining the term “mass
    7         shooting”; requiring the department to reimburse
    8         verified or designated trauma centers for certain
    9         costs associated with treating victims for injuries
   10         associated with a mass shooting; requiring a verified
   11         or designated trauma center that requests a
   12         reimbursement to accept it as payment in full;
   13         amending s. 20.15, F.S.; establishing the Office of
   14         Safe Schools within the Department of Education;
   15         amending s. 394.463, F.S.; authorizing a law
   16         enforcement officer to seize and hold firearms and
   17         ammunition if taking custody of a person who poses a
   18         potential danger to himself or herself or others and
   19         who has made a credible threat against another person;
   20         authorizing a law enforcement officer to seek the
   21         voluntary surrender of firearms and ammunition kept in
   22         the residence if the law enforcement officer takes
   23         custody of the person at the person’s residence and
   24         certain criteria are met; authorizing such law
   25         enforcement officer to petition an appropriate court
   26         for a risk protection order under certain
   27         circumstances; requiring that firearms and ammunition
   28         seized or voluntarily surrendered be returned within a
   29         certain timeframe under specified circumstances;
   30         requiring law enforcement agencies to develop policies
   31         and procedures relating to the seizure, storage, and
   32         return of firearms and ammunition; creating s.
   33         790.064, F.S.; prohibiting a person who has been
   34         adjudicated mentally defective or been committed to a
   35         mental institution from owning or possessing a firearm
   36         until certain relief is obtained; specifying that the
   37         firearm possession and ownership disability runs
   38         concurrently with the firearm purchase disability
   39         under certain provisions; authorizing a person to
   40         petition for relief from the firearm possession and
   41         ownership disability; requiring that petitions for
   42         relief follow certain procedures; authorizing such
   43         person to petition for simultaneous relief; amending
   44         s. 790.065, F.S.; prohibiting a person younger than a
   45         certain age from purchasing a firearm; prohibiting the
   46         sale or transfer, or facilitation of a sale or
   47         transfer, of a firearm to a person younger than a
   48         certain age by a licensed importer, licensed
   49         manufacturer, or licensed dealer; providing criminal
   50         penalties; providing exceptions; amending s. 790.0655,
   51         F.S.; revising the mandatory waiting period to the
   52         later of either 3 days, excluding weekends and legal
   53         holidays, or upon the completion of certain records
   54         checks; revising and redefining terms; requiring that
   55         records of firearm sales be available for inspection
   56         by any law enforcement agency during normal business
   57         hours; revising applicability of the waiting period;
   58         conforming provisions to changes made by the act;
   59         creating s. 790.34, F.S.; defining the term “bump-fire
   60         stock”; prohibiting the importation, transfer,
   61         distribution, transport, sale, or giving of a bump
   62         fire stock in this state; providing criminal
   63         penalties; providing legislative intent; providing a
   64         short title; creating s. 790.401, F.S.; defining
   65         terms; creating an action known as a petition for a
   66         risk protection order to prevent persons who are at
   67         high risk of harming themselves or others from
   68         accessing firearms or ammunition; providing
   69         requirements for petitions for such orders; providing
   70         duties for courts and clerks of court; prohibiting
   71         fees for the filing of or service of process of such
   72         petitions; providing for jurisdiction for such
   73         petitions; requiring hearings on petitions within a
   74         specified period; providing service requirements;
   75         providing grounds that may be considered in
   76         determining whether to grant such a petition;
   77         providing requirements for proceedings; providing
   78         requirements for risk protection orders; requiring the
   79         court to inform a respondent of his or her right to
   80         request a certain hearing; authorizing temporary ex
   81         parte orders under certain circumstances; providing
   82         requirements for petitions for such ex parte orders;
   83         providing for service of orders; providing for the
   84         termination or extension of an order; providing for
   85         the surrender and storage of firearms, ammunition, and
   86         licenses to carry a concealed weapon or firearm after
   87         issuance of a risk protection order; requiring law
   88         enforcement agencies to develop certain policies and
   89         procedures by a certain date; providing for return of
   90         firearms and ammunition upon the vacating or end
   91         without the extension of an order under certain
   92         circumstances; authorizing a respondent to elect to
   93         transfer all firearms and ammunition surrendered or
   94         seized by a law enforcement agency to another person
   95         under certain circumstances; requiring an issuing
   96         court to forward specified information concerning a
   97         respondent to the Department of Agriculture and
   98         Consumer Services within a specified timeframe;
   99         requiring the department to suspend a license to carry
  100         a concealed weapon or firearm which is held by a
  101         person subject to such an order; prohibiting a person
  102         from knowingly filing a petition for such an order
  103         which contains materially false or misleading
  104         information; providing criminal penalties; prohibiting
  105         violations of such an order; providing criminal
  106         penalties; providing construction; providing that the
  107         risk protection order provisions do not create
  108         liability for certain acts or omissions; requiring the
  109         Office of the State Courts Administrator to develop
  110         and distribute certain instructional and informational
  111         material; creating s. 943.082, F.S.; requiring the
  112         Department of Law Enforcement, in collaboration with
  113         the Department of Legal Affairs, to competitively
  114         procure a mobile suspicious activity tool with certain
  115         features; requiring the department to receive certain
  116         electronic reports; requiring the reporting tool to
  117         notify the reporting party of certain information;
  118         requiring the forwarding of certain information to
  119         appropriate law enforcement agencies; requiring that
  120         certain entities be made aware of the reporting tool;
  121         requiring the department, in collaboration with
  122         certain entities, to develop and provide certain
  123         training and awareness relating to the reporting tool;
  124         creating s. 943.687, F.S.; creating the Marjory
  125         Stoneman Douglas High School Public Safety Commission
  126         within the Florida Department of Law Enforcement;
  127         requiring the commission to convene by a certain date;
  128         specifying the composition of the commission;
  129         requiring Florida Department of Law Enforcement staff
  130         to assist the commission; specifying meeting
  131         requirements; authorizing reimbursement for per diem
  132         and travel expenses; providing the duties and
  133         authority of the commission; requiring the commission
  134         to submit an initial report to the Governor and the
  135         Legislature within a specified time; providing for the
  136         expiration of the commission; creating s. 1000.051,
  137         F.S.; providing legislative intent regarding school
  138         safety and security; creating s. 1001.217, F.S.;
  139         creating the Office of Safe Schools; providing the
  140         purpose and duties of the office; amending ss.
  141         1002.221 and 1002.225, F.S.; providing for
  142         construction regarding the applicability of public
  143         records exemptions for security system plans and
  144         security systems; amending s. 1006.04, F.S.;
  145         establishing the Multiagency Service Network for
  146         Students with Severe Emotional Disturbance; specifying
  147         the goals and duties of the program; authorizing the
  148         Legislature to provide funding to the department to
  149         award grants; creating s. 1006.05, F.S.; providing a
  150         purpose of the mental health assistance allocation;
  151         requiring that school districts and charter schools
  152         annually develop and submit certain detailed plans;
  153         requiring that approved charter school plans be
  154         provided to the district for submission to the
  155         Commissioner of Education; providing that required
  156         plans must include certain elements; requiring school
  157         districts to annually submit approved plans to the
  158         commissioner by a specified date; requiring that
  159         entities receiving such allocations annually submit a
  160         final report on program outcomes and specific
  161         expenditures to the commissioner by a specified date;
  162         amending s. 1006.07, F.S.; requiring district school
  163         boards to formulate and prescribe policies and
  164         procedures for active shooter situations; requiring
  165         that active shooter situation training for each school
  166         be conducted by the law enforcement agency or agencies
  167         that are designated as first responders to the
  168         school’s campus; requiring each school district to
  169         designate a threat assessment team; requiring each
  170         school district to conduct certain assessments in a
  171         specified format; requiring a district school
  172         superintendent to annually provide specified entities
  173         with certain findings and certain strategy and
  174         activity recommendations to improve school safety and
  175         security; requiring that district school boards allow
  176         campus tours by such law enforcement agency or
  177         agencies at specified times and for specified
  178         purposes; requiring that certain recommendations be
  179         documented by such board or principal; requiring each
  180         district school board to designate or appoint a
  181         district school safety specialist; providing duties of
  182         the school safety specialist; amending s. 1006.12,
  183         F.S.; requiring district school boards to establish or
  184         assign safe-school officers at each district school
  185         facility within the district; requiring school
  186         resource officers and school safety officers to
  187         undergo specified evaluations; specifying that
  188         participation in the Florida Sheriff’s Marshal Program
  189         meets the requirement; creating s. 1006.149, F.S.;
  190         establishing the Public School Emergency Response
  191         Learning System Program within the department;
  192         establishing the program as a partnership between
  193         local law enforcement agencies and public education
  194         entities; specifying activities, training,
  195         notification systems, and resources provided through
  196         the program; requiring each program participant to
  197         develop a preemptive plan of action; authorizing
  198         funding provided by the Legislature to implement the
  199         program; creating s. 1006.1491, F.S.; creating the
  200         Florida Sheriff’s Marshal Program within the
  201         department; specifying a purpose; defining terms;
  202         establishing program eligibility requirements;
  203         authorizing special deputy sheriffs to perform certain
  204         duties, under specified circumstances; specifying
  205         training and instructional requirements; specifying
  206         grounds for termination and denial of participants;
  207         specifying implementation requirements; authorizing
  208         funding as provided by the Legislature; creating s.
  209         1006.1493, F.S.; requiring the department to contract
  210         with a security consulting firm to develop, update,
  211         and implement a risk assessment tool; providing
  212         requirements for the Florida Safe Schools Assessment
  213         Tool; requiring reports, training, and advice in the
  214         security consulting firm contract; requiring a
  215         specified annual report to the Governor and
  216         Legislature by a specified date; providing for
  217         construction regarding the applicability of public
  218         records exemptions for certain security data and
  219         information; amending s. 1011.62, F.S.; expanding the
  220         safe schools allocation to provide funding for
  221         specified school safety provisions; creating the
  222         mental health assistance allocation; providing the
  223         purpose of the allocation; requiring that funds be
  224         allocated annually in the General Appropriations Act;
  225         providing for the annual allocation of such funds on a
  226         specified basis; providing that eligible charter
  227         schools are entitled to a proportionate share;
  228         prohibiting the use of allocated funds to supplant
  229         funds provided from other operating funds, to increase
  230         salaries, or to provide bonuses, except in certain
  231         circumstances; requiring that school districts and
  232         schools maximize certain third-party funding;
  233         reenacting ss. 397.6760(2) and 790.335(3)(e), F.S.;
  234         relating to the confidentiality of court records and
  235         exceptions to the prohibition of registration of
  236         firearms, respectively, to incorporate the amendment
  237         made to s. 790.065, F.S., in references thereto;
  238         requiring the Department of Agriculture and Consumer
  239         Services to transfer, annually and by a specified
  240         date, a percentage of the fees collected for new and
  241         renewal concealed weapon or firearm licenses from the
  242         Division of Licensing Trust Fund to the Department of
  243         Legal Affairs to reimburse the trauma centers;
  244         providing appropriations; providing an effective date.
  245          
  246  Be It Enacted by the Legislature of the State of Florida:
  247  
  248         Section 1. This act may be cited as the “Marjory Stoneman
  249  Douglas High School Public Safety Act.”
  250         Section 2. The Legislature finds there is a need to
  251  comprehensively address the crisis of gun violence, including
  252  but not limited to, gun violence on school campuses. The
  253  Legislature intends to address this crisis by providing law
  254  enforcement and the courts with the tools to enhance public
  255  safety by temporarily restricting firearm possession by a person
  256  who is undergoing a mental health crisis and when there is
  257  evidence of a threat of violence, and by promoting school safety
  258  and enhanced coordination between education and law enforcement
  259  entities at the state and local level.
  260         Section 3. Section 16.63, Florida Statutes, is created to
  261  read:
  262         16.63 Medical Reimbursement Program for Victims of Mass
  263  Shootings.—The Medical Reimbursement Program for Victims of Mass
  264  Shootings is established in the Department of Legal Affairs to
  265  reimburse trauma centers verified or designated pursuant to s.
  266  395.4025 for the medical costs of treating victims for injuries
  267  associated with a mass shooting. As used in this section, the
  268  term “mass shooting” means an incident in which four or more
  269  people are killed or injured by firearms in one or more
  270  locations in close proximity. The Department of Legal Affairs
  271  must reimburse such trauma centers based on a department
  272  approved fee schedule for the documented medical costs of
  273  treating victims for injuries associated with a mass shooting. A
  274  trauma center that requests a reimbursement through the program
  275  must accept the reimbursement as payment in full and may not
  276  bill the victim of a mass shooting or his or her family.
  277         Section 4. Paragraph (j) is added to subsection (3) of
  278  section 20.15, Florida Statutes, to read:
  279         20.15 Department of Education.—There is created a
  280  Department of Education.
  281         (3) DIVISIONS.—The following divisions of the Department of
  282  Education are established:
  283         (j) The Office of Safe Schools.
  284         Section 5. Paragraphs (c) and (d) of subsection (2) of
  285  section 394.463, Florida Statutes, are amended to read:
  286         394.463 Involuntary examination.—
  287         (2) INVOLUNTARY EXAMINATION.—
  288         (c) A law enforcement officer acting in accordance with an
  289  ex parte order issued pursuant to this subsection may:
  290         1. Serve and execute such order on any day of the week, at
  291  any time of the day or night; and
  292         2. Use such reasonable physical force as is necessary to
  293  gain entry to the premises, and any dwellings, buildings, or
  294  other structures located on the premises, and take custody of
  295  the person who is the subject of the ex parte order.
  296         (d)1. A law enforcement officer taking custody of a person
  297  under this subsection may seize and hold a firearm or any
  298  ammunition the person possesses at the time of taking him or her
  299  into custody if the person poses a potential danger to himself
  300  or herself or others and has made a credible threat of violence
  301  against another person.
  302         2.If the law enforcement officer takes custody of the
  303  person at the person’s residence and the criteria in
  304  subparagraph 1. have been met, the law enforcement officer may
  305  seek the voluntary surrender of firearms or ammunition kept in
  306  the residence which have not already been seized under
  307  subparagraph 1. If such firearms or ammunition are not
  308  voluntarily surrendered, or if the person has other firearms or
  309  ammunition that were not seized or voluntarily surrendered when
  310  he or she was taken into custody, a law enforcement officer may
  311  petition the appropriate court under s. 790.401 for a risk
  312  protection order against the person.
  313         3. Firearms or ammunition seized or voluntarily surrendered
  314  under this paragraph must be made available for return no later
  315  than 24 hours after the person taken into custody can document
  316  that he or she is no longer subject to involuntary examination
  317  and has been released or discharged from any inpatient treatment
  318  provided or ordered under paragraph (g), unless a risk
  319  protection order entered under s. 790.401 directs the law
  320  enforcement agency to hold the firearms or ammunition for a
  321  longer period.
  322         4. Law enforcement agencies must develop policies and
  323  procedures relating to the seizure, storage, and return of
  324  firearms or ammunition held under this paragraph. A law
  325  enforcement officer acting in accordance with an ex parte order
  326  issued pursuant to this subsection may use such reasonable
  327  physical force as is necessary to gain entry to the premises,
  328  and any dwellings, buildings, or other structures located on the
  329  premises, and to take custody of the person who is the subject
  330  of the ex parte order.
  331         Section 6. Section 790.064, Florida Statutes, is created to
  332  read:
  333         790.064 Firearm possession and firearm ownership
  334  disability.
  335         (1) A person who has been adjudicated mentally defective or
  336  who has been committed to a mental institution, as those terms
  337  are defined in s. 790.065(2), may not own a firearm or possess a
  338  firearm until relief from the firearm possession and firearm
  339  ownership disability is obtained.
  340         (2) The firearm possession and firearm ownership disability
  341  runs concurrently with the firearm purchase disability provided
  342  in s. 790.065(2).
  343         (3) A person may petition the court that made the
  344  adjudication or commitment, or that ordered that the record be
  345  submitted to the Department of Law Enforcement pursuant to s.
  346  790.065(2), for relief from the firearm possession and firearm
  347  ownership disability.
  348         (4) The person seeking relief must follow the procedures
  349  set forth in s. 790.065(2) for obtaining relief from the firearm
  350  purchase disability in seeking relief from the firearm
  351  possession and firearm ownership disability.
  352         (5) The person may seek relief from the firearm possession
  353  and firearm ownership disability simultaneously with the relief
  354  being sought from the firearm purchase disability, if such
  355  relief is sought, pursuant to the procedure set forth in s.
  356  790.065(2).
  357         Section 7. Present subsection (13) of section 790.065,
  358  Florida Statutes, is redesignated as subsection (14), and a new
  359  subsection (13) is added to that section, to read:
  360         790.065 Sale and delivery of firearms.—
  361         (13) A person younger than 21 years of age may not purchase
  362  a firearm. The sale or transfer of a firearm to a person younger
  363  than 21 years of age may not be made or facilitated by a
  364  licensed importer, licensed manufacturer, or licensed dealer. A
  365  person who violates this subsection commits a felony of the
  366  third degree, punishable as provided in s. 775.082, s. 775.083,
  367  or s. 775.084. The prohibitions of this subsection do not apply
  368  to the purchase of a rifle or shotgun by a law enforcement
  369  officer or a correctional officer, as those terms are defined in
  370  s. 943.10, or to a person on active duty in the Armed Forces of
  371  the United States or full-time duty in the National Guard.
  372         Section 8. Section 790.0655, Florida Statutes, is amended
  373  to read:
  374         790.0655 Purchase and delivery of firearms handguns;
  375  mandatory waiting period; exceptions; penalties.—
  376         (1)(a) There shall be A mandatory 3-day waiting period is
  377  imposed between the purchase and delivery of a firearm. The
  378  mandatory waiting period is, which shall be 3 days, excluding
  379  weekends and legal holidays, or expires upon the completion of
  380  the records checks required under s. 790.065, whichever occurs
  381  later between the purchase and the delivery at retail of any
  382  handgun. “Purchase” means the transfer of money or other
  383  valuable consideration to the retailer. “Handgun” means a
  384  firearm capable of being carried and used by one hand, such as a
  385  pistol or revolver. “Retailer” means and includes a licensed
  386  importer, licensed manufacturer, or licensed dealer every person
  387  engaged in the business of making firearm sales at retail or for
  388  distribution, or use, or consumption, or storage to be used or
  389  consumed in this state, as defined in s. 212.02(13).
  390         (b) Records of firearm handgun sales must be available for
  391  inspection by any law enforcement agency, as defined in s.
  392  934.02, during normal business hours.
  393         (2) The 3-day waiting period does shall not apply in the
  394  following circumstances:
  395         (a) When a firearm handgun is being purchased by a holder
  396  of a concealed weapons permit as defined in s. 790.06.
  397         (b) To a trade-in of another firearm handgun.
  398         (c) To a person who completes a minimum of a 16-hour hunter
  399  education or hunter safety course approved by the Fish and
  400  Wildlife Conservation Commission or similar agency of another
  401  state, unless that person is purchasing a handgun.
  402         (3) It is a felony of the third degree, punishable as
  403  provided in s. 775.082, s. 775.083, or s. 775.084:
  404         (a) For any retailer, or any employee or agent of a
  405  retailer, to deliver a firearm handgun before the expiration of
  406  the 3-day waiting period, subject to the exceptions provided in
  407  subsection (2).
  408         (b) For a purchaser to obtain delivery of a firearm handgun
  409  by fraud, false pretense, or false representation.
  410         Section 9. Section 790.34, Florida Statutes, is created to
  411  read:
  412         790.34 Prohibited device for firearm.—
  413         (1) DEFINITION.—As used in this section, the term “bump
  414  fire stock” means a gun conversion kit, a tool, an accessory, or
  415  a device used to alter the rate of fire of a firearm to mimic
  416  automatic weapon fire or which is used to increase the rate of
  417  fire of a semiautomatic firearm to a faster rate than is
  418  possible for a person to fire such semiautomatic firearm
  419  unassisted by a kit, a tool, an accessory, or a device.
  420         (2)SALE OR TRANSFER.—A person may not import into this
  421  state or, within this state, transfer, distribute, transport,
  422  sell, keep for sale, offer or expose for sale, or give a bump
  423  fire stock to another person. A person who violates this
  424  subsection commits a felony of the third degree, punishable as
  425  provided in s. 775.082, s. 775.083, or s. 775.084.
  426         Section 10. (1)Section 790.401, Florida Statutes, is
  427  intended to temporarily prevent individuals who are at high risk
  428  of harming themselves or others from accessing firearms or
  429  ammunition by allowing law enforcement officers to obtain a
  430  court order when there is demonstrated evidence that a person
  431  poses a significant danger to himself or herself or others,
  432  including significant danger as a result of a mental health
  433  crisis or violent behavior.
  434         (2)The purpose and intent of s. 790.401, Florida Statutes,
  435  is to reduce deaths and injuries as a result of certain
  436  individuals’ use of firearms while respecting constitutional
  437  rights by providing a judicial procedure for law enforcement
  438  officers to obtain a court order temporarily restricting a
  439  person’s access to firearms and ammunition. The process
  440  established by s. 790.401, Florida Statutes, is intended to
  441  apply only to situations in which the person poses a significant
  442  danger of harming himself or herself or others by possessing a
  443  firearm or ammunition and to include standards and safeguards to
  444  protect the rights of respondents and due process of law.
  445         Section 11. Section 790.401, Florida Statutes, may be cited
  446  as “The Risk Protection Order Act.”
  447         Section 12. Section 790.401, Florida Statutes, is created
  448  to read:
  449         790.401 Risk protection orders.—
  450         (1)DEFINITIONS.—As used in this section, the term:
  451         (a)“Petitioner” means a law enforcement officer or a law
  452  enforcement agency that petitions a court for a risk protection
  453  order under this section.
  454         (b)“Respondent” means the individual who is identified as
  455  the respondent in a petition filed under this section.
  456         (c)“Risk protection order” means a temporary ex parte
  457  order or a final order granted under this section.
  458         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
  459  an action known as a petition for a risk protection order.
  460         (a)A petition for a risk protection order may be filed by
  461  a law enforcement officer or law enforcement agency.
  462         (b)An action under this section must be filed in the
  463  county where the petitioner’s law enforcement office is located
  464  or the county where the respondent resides.
  465         (c) Such petition for a risk protection order does not
  466  require either party to be represented by an attorney.
  467         (d) Notwithstanding any other law, attorney fees may not be
  468  awarded in any proceeding under this section.
  469         (e)A petition must:
  470         1.Allege that the respondent poses a significant danger of
  471  causing personal injury to himself or herself or others by
  472  having a firearm or any ammunition in his or her custody or
  473  control or by purchasing, possessing, or receiving a firearm or
  474  any ammunition, and must be accompanied by an affidavit made
  475  under oath stating the specific statements, actions, or facts
  476  that give rise to a reasonable fear of significant dangerous
  477  acts by the respondent;
  478         2.Identify the quantities, types, and locations of all
  479  firearms and ammunition the petitioner believes to be in the
  480  respondent’s current ownership, possession, custody, or control;
  481  and
  482         3.Identify whether there is a known existing protection
  483  order governing the respondent under s. 741.30, s. 784.046, or
  484  s. 784.0485 or under any other applicable statute.
  485         (f)The petitioner must make a good faith effort to provide
  486  notice to a family or household member of the respondent and to
  487  any known third party who may be at risk of violence. The notice
  488  must state that the petitioner intends to petition the court for
  489  a risk protection order or has already done so and must include
  490  referrals to appropriate resources, including mental health,
  491  domestic violence, and counseling resources. The petitioner must
  492  attest in the petition to having provided such notice or must
  493  attest to the steps that will be taken to provide such notice.
  494         (g)The petitioner must list the address of record on the
  495  petition as being where the appropriate law enforcement agency
  496  is located.
  497         (h)A court or a public agency may not charge fees for
  498  filing or for service of process to a petitioner seeking relief
  499  under this section and must provide the necessary number of
  500  certified copies, forms, and instructional brochures free of
  501  charge.
  502         (i)A person is not required to post a bond to obtain
  503  relief in any proceeding under this section.
  504         (j)The circuit courts of this state have jurisdiction over
  505  proceedings under this section.
  506         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  507         (a)Upon receipt of a petition, the court must order a
  508  hearing to be held no later than 14 days after the date of the
  509  order and must issue a notice of hearing to the respondent for
  510  the same.
  511         1.The clerk of the court shall cause a copy of the notice
  512  of hearing and petition to be forwarded on or before the next
  513  business day to the appropriate law enforcement agency for
  514  service upon the respondent as provided in subsection (5).
  515         2.The court may, as provided in subsection (4), issue a
  516  temporary ex parte risk protection order pending the hearing
  517  ordered under this subsection. Such temporary ex parte order
  518  must be served concurrently with the notice of hearing and
  519  petition as provided in subsection (5).
  520         3.The court may conduct a hearing by telephone pursuant to
  521  a local court rule to reasonably accommodate a disability or
  522  exceptional circumstances. The court must receive assurances of
  523  the petitioner’s identity before conducting a telephonic
  524  hearing.
  525         (b)Upon notice and a hearing on the matter, if the court
  526  finds by clear and convincing evidence that the respondent poses
  527  a significant danger of causing personal injury to himself or
  528  herself or others by having in his or her custody or control, or
  529  by purchasing, possessing, or receiving, a firearm or any
  530  ammunition, the court must issue a risk protection order for a
  531  period that it deems appropriate, up to and including but not
  532  exceeding 12 months.
  533         (c)In determining whether grounds for a risk protection
  534  order exist, the court may consider any relevant evidence,
  535  including, but not limited to, any of the following:
  536         1.A recent act or threat of violence by the respondent
  537  against himself or herself or others, whether or not such
  538  violence or threat of violence involves a firearm.
  539         2.An act or threat of violence by the respondent within
  540  the past 12 months, including, but not limited to, acts or
  541  threats of violence by the respondent against himself or herself
  542  or others.
  543         3.Evidence of the respondent being seriously mentally ill
  544  or having recurring mental health issues.
  545         4.A violation by the respondent of a risk protection order
  546  or a no contact order issued under s. 741.30, s. 784.046, or s.
  547  784.0485.
  548         5.A previous or existing risk protection order issued
  549  against the respondent.
  550         6.A violation of a previous or existing risk protection
  551  order issued against the respondent.
  552         7.Whether the respondent, in this state or any other
  553  state, has been convicted of, had adjudication withheld on, or
  554  pled nolo contendere to a crime that constitutes domestic
  555  violence as defined in s. 741.28.
  556         8.The respondent’s ownership of, access to, or intent to
  557  possess firearms or ammunition.
  558         9.The unlawful or reckless use, display, or brandishing of
  559  a firearm by the respondent.
  560         10.The recurring use of, or threat to use, physical force
  561  by the respondent against another person or the respondent
  562  stalking another person.
  563         11.Whether the respondent, in this state or any other
  564  state, has been arrested for, convicted of, had adjudication
  565  withheld on, or pled nolo contendere to a crime involving
  566  violence or a threat of violence.
  567         12.Corroborated evidence of the abuse of controlled
  568  substances or alcohol by the respondent.
  569         13.Evidence of recent acquisition of firearms or
  570  ammunition by the respondent.
  571         14. Any relevant information from family and household
  572  members concerning the respondent.
  573         (d)A person, including an officer of the court, who offers
  574  evidence or recommendations relating to the cause of action
  575  either must present the evidence or recommendations in writing
  576  to the court with copies to each party and his or her attorney,
  577  if one is retained, or must present the evidence under oath at a
  578  hearing at which all parties are present.
  579         (e)In a hearing under this section, the rules of evidence
  580  apply to the same extent as in a domestic violence injunction
  581  proceeding under s. 741.30.
  582         (f)During the hearing, the court must consider whether a
  583  mental health evaluation or chemical dependency evaluation is
  584  appropriate and, if such determination is made, may order such
  585  evaluations, if appropriate.
  586         (g)A risk protection order must include all of the
  587  following:
  588         1.A statement of the grounds supporting the issuance of
  589  the order;
  590         2.The date the order was issued;
  591         3.The date the order ends;
  592         4.Whether a mental health evaluation or chemical
  593  dependency evaluation of the respondent is required;
  594         5.The address of the court in which any responsive
  595  pleading should be filed;
  596         6.A description of the requirements for the surrender of
  597  firearms and ammunition under subsection (7); and
  598         7.The following statement:
  599  
  600  “To the subject of this protection order: This order will last
  601  until the date noted above. If you have not done so already, you
  602  must surrender immediately to the (insert name of local law
  603  enforcement agency) all firearms and ammunition in your custody,
  604  control, or possession and any license to carry a concealed
  605  weapon or firearm issued to you under s. 790.06, Florida
  606  Statutes. You may not have in your custody or control, or
  607  purchase, possess, receive, or attempt to purchase or receive, a
  608  firearm or ammunition while this order is in effect. You have
  609  the right to request one hearing to vacate this order, starting
  610  after the date of the issuance of this order, and to request
  611  another hearing after every extension of the order, if any. You
  612  may seek the advice of an attorney as to any matter connected
  613  with this order.”
  614  
  615         (h)If the court issues a risk protection order, the court
  616  must inform the respondent that he or she is entitled to request
  617  a hearing to vacate the order in the manner provided by
  618  subsection (6). The court shall provide the respondent with a
  619  form to request a hearing to vacate.
  620         (i)If the court denies the petitioner’s request for a risk
  621  protection order, the court must state the particular reasons
  622  for the denial.
  623         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  624         (a) A petitioner may request that a temporary ex parte risk
  625  protection order be issued before a hearing for a risk
  626  protection order, without notice to the respondent, by including
  627  in the petition detailed allegations based on personal knowledge
  628  that the respondent poses a significant danger of causing
  629  personal injury to himself or herself or others in the near
  630  future by having in his or her custody or control, or by
  631  purchasing, possessing, or receiving, a firearm or ammunition.
  632         (b)In considering whether to issue a temporary ex parte
  633  risk protection order under this section, the court shall
  634  consider all relevant evidence, including the evidence described
  635  in paragraph (3)(c).
  636         (c)If a court finds there is reasonable cause to believe
  637  that the respondent poses a significant danger of causing
  638  personal injury to himself or herself or others in the near
  639  future by having in his or her custody or control, or by
  640  purchasing, possessing, or receiving, a firearm or ammunition,
  641  the court must issue a temporary ex parte risk protection order.
  642         (d)The court must hold a temporary ex parte risk
  643  protection order hearing in person or by telephone on the day
  644  the petition is filed or on the business day immediately
  645  following the day the petition is filed.
  646         (e)A temporary ex parte risk protection order must include
  647  all of the following:
  648         1.A statement of the grounds asserted for the order;
  649         2.The date the order was issued;
  650         3.The address of the court in which any responsive
  651  pleading may be filed;
  652         4.The date and time of the scheduled hearing;
  653         5.A description of the requirements for surrender of
  654  firearms and ammunition under subsection (7); and
  655         6.The following statement:
  656  
  657  “To the subject of this protection order: This order is valid
  658  until the date noted above. You are required to surrender all
  659  firearms and ammunition in your custody, control, or possession.
  660  You may not have in your custody or control, or purchase,
  661  possess, receive, or attempt to purchase or receive, a firearm
  662  or ammunition while this order is in effect. You must surrender
  663  immediately to the (insert name of local law enforcement agency)
  664  all firearms and ammunition in your custody, control, or
  665  possession and any license to carry a concealed weapon or
  666  firearm issued to you under s. 790.06, Florida Statutes. A
  667  hearing will be held on the date and at the time noted above to
  668  determine if a risk protection order should be issued. Failure
  669  to appear at that hearing may result in a court issuing an order
  670  against you which is valid for 1 year. You may seek the advice
  671  of an attorney as to any matter connected with this order.”
  672  
  673         (f)A temporary ex parte risk protection order ends upon
  674  the hearing on the risk protection order.
  675         (g)A temporary ex parte risk protection order must be
  676  served by a law enforcement officer in the same manner as
  677  provided for in subsection (5) for service of the notice of
  678  hearing and petition and must be served concurrently with the
  679  notice of hearing and petition.
  680         (h)If the court denies the petitioner’s request for a
  681  temporary ex parte risk protection order, the court must state
  682  the particular reasons for the denial.
  683         (5) SERVICE.—
  684         (a) The clerk of the court shall furnish a copy of the
  685  notice of hearing, petition, and temporary ex parte risk
  686  protection order or risk protection order, as applicable, to the
  687  sheriff of the county where the respondent resides or can be
  688  found, who shall serve it upon the respondent as soon thereafter
  689  as possible on any day of the week and at any time of the day or
  690  night. When requested by the sheriff, the clerk of the court may
  691  transmit a facsimile copy of a temporary ex parte risk
  692  protection order or a risk protection order that has been
  693  certified by the clerk of the court, and this facsimile copy may
  694  be served in the same manner as a certified copy. Upon receiving
  695  a facsimile copy, the sheriff must verify receipt with the
  696  sender before attempting to serve it upon the respondent. The
  697  clerk of the court shall be responsible for furnishing to the
  698  sheriff information on the respondent’s physical description and
  699  location. Notwithstanding any other provision of law to the
  700  contrary, the chief judge of each circuit, in consultation with
  701  the appropriate sheriff, may authorize a law enforcement agency
  702  within the jurisdiction to effect service. A law enforcement
  703  agency effecting service pursuant to this section shall use
  704  service and verification procedures consistent with those of the
  705  sheriff. Service under this section takes precedence over the
  706  service of other documents, unless the other documents are of a
  707  similar emergency nature.
  708         (b) All orders issued, changed, continued, extended, or
  709  vacated after the original service of documents specified in
  710  paragraph (a) must be certified by the clerk of the court and
  711  delivered to the parties at the time of the entry of the order.
  712  The parties may acknowledge receipt of such order in writing on
  713  the face of the original order. If a party fails or refuses to
  714  acknowledge the receipt of a certified copy of an order, the
  715  clerk shall note on the original order that service was
  716  effected. If delivery at the hearing is not possible, the clerk
  717  shall mail certified copies of the order to the parties at the
  718  last known address of each party. Service by mail is complete
  719  upon mailing. When an order is served pursuant to this
  720  subsection, the clerk shall prepare a written certification to
  721  be placed in the court file specifying the time, date, and
  722  method of service and shall notify the sheriff.
  723         (6)TERMINATION AND EXTENSION OF ORDERS.—
  724         (a)The respondent may submit one written request for a
  725  hearing to vacate a risk protection order issued under this
  726  section, starting after the date of the issuance of the order,
  727  and may request another hearing after every extension of the
  728  order, if any.
  729         1.Upon receipt of the request for a hearing to vacate a
  730  risk protection order, the court shall set a date for a hearing.
  731  Notice of the request must be served on the petitioner in
  732  accordance with subsection (5). The hearing must occur no sooner
  733  than 14 days and no later than 30 days after the date of service
  734  of the request upon the petitioner.
  735         2.The respondent shall have the burden of proving by clear
  736  and convincing evidence that the respondent does not pose a
  737  significant danger of causing personal injury to himself or
  738  herself or others by having in his or her custody or control,
  739  purchasing, possessing, or receiving a firearm or ammunition.
  740  The court may consider any relevant evidence, including evidence
  741  of the considerations listed in paragraph (3)(c).
  742         3.If the court finds after the hearing that the respondent
  743  has met his or her burden of proof, the court must vacate the
  744  order.
  745         4. The law enforcement agency holding any firearm or
  746  ammunition or license to carry a concealed weapon or firearm
  747  that has been surrendered pursuant to this section shall be
  748  notified of the court order to vacate the risk protection order.
  749         (b)The court must notify the petitioner of the impending
  750  end of a risk protection order. Notice must be received by the
  751  petitioner at least 30 days before the date the order ends.
  752         (c)The petitioner may, by motion, request an extension of
  753  a risk protection order at any time within 30 days before the
  754  end of the order.
  755         1.Upon receipt of the motion to extend, the court shall
  756  order that a hearing be held no later than 14 days after the
  757  date the order is issued and shall schedule such hearing.
  758         a.The court may schedule a hearing by telephone in the
  759  manner provided by subparagraph (3)(a)3.
  760         b.The respondent must be personally served in the same
  761  manner provided by subsection (5).
  762         2.In determining whether to extend a risk protection order
  763  issued under this section, the court may consider all relevant
  764  evidence, including evidence of the considerations listed in
  765  paragraph (3)(c).
  766         3.If the court finds by clear and convincing evidence that
  767  the requirements for issuance of a risk protection order as
  768  provided in subsection (3) continue to be met, the court must
  769  extend the order. However, if, after notice, the motion for
  770  extension is uncontested and no modification of the order is
  771  sought, the order may be extended on the basis of a motion or
  772  affidavit stating that there has been no material change in
  773  relevant circumstances since entry of the order and stating the
  774  reason for the requested extension.
  775         4.The court may extend a risk protection order for a
  776  period that it deems appropriate, up to and including but not
  777  exceeding 12 months, subject to an order to vacate as provided
  778  in paragraph (a) or to another extension order by the court.
  779         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
  780         (a)Upon issuance of a risk protection order under this
  781  section, including a temporary ex parte risk protection order,
  782  the court shall order the respondent to surrender to the local
  783  law enforcement agency all firearms and ammunition in the
  784  respondent’s custody, control, or possession except as provided
  785  in subsection (9), and any license to carry a concealed weapon
  786  or firearm issued under s. 790.06.
  787         (b)The law enforcement officer serving a risk protection
  788  order under this section, including a temporary ex parte risk
  789  protection order, shall request that the respondent immediately
  790  surrender all firearms and ammunition in his or her custody,
  791  control, or possession and any license to carry a concealed
  792  weapon or firearm issued under s. 790.06. The law enforcement
  793  officer shall take possession of all firearms and ammunition
  794  belonging to the respondent which are surrendered.
  795  Alternatively, if personal service by a law enforcement officer
  796  is not possible or is not required because the respondent was
  797  present at the risk protection order hearing, the respondent
  798  must surrender any firearms, ammunition, and license to carry a
  799  concealed weapon or firearm in a safe manner to the control of
  800  the local law enforcement agency immediately after being served
  801  with the order by service or immediately after the hearing at
  802  which the respondent was present. Notwithstanding ss. 933.02 and
  803  933.18, a law enforcement officer may seek a search warrant from
  804  a court of competent jurisdiction to conduct a search for
  805  firearms or ammunition if the officer has probable cause to
  806  believe that there are firearms or ammunition in the
  807  respondent’s custody, control, or possession which have not been
  808  surrendered.
  809         (c)At the time of surrender, a law enforcement officer
  810  taking possession of a firearm, any ammunition, or a license to
  811  carry a concealed weapon or firearm shall issue a receipt
  812  identifying all firearms and the quantity and type of ammunition
  813  that have been surrendered and shall provide a copy of the
  814  receipt to the respondent. Within 72 hours after service of the
  815  order, the law enforcement officer serving the order shall file
  816  the original receipt with the court and shall ensure that his or
  817  her law enforcement agency retains a copy of the receipt.
  818         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
  819  statement or testimony of any person alleging that the
  820  respondent has failed to comply with the surrender of firearms
  821  or ammunition as required by an order issued under this section,
  822  the court shall determine whether probable cause exists to
  823  believe that the respondent has failed to surrender all firearms
  824  or ammunition in his or her custody, control, or possession. If
  825  the court finds that probable cause exists, the court must issue
  826  a warrant describing the firearms or ammunition and authorizing
  827  a search of the locations where the firearms or ammunition are
  828  reasonably believed to be found and the seizure of any firearms
  829  or ammunition discovered pursuant to such search.
  830         (e)If a person other than the respondent claims title to
  831  any firearms or ammunition surrendered pursuant to this section
  832  and he or she is determined by the law enforcement agency to be
  833  the lawful owner of the firearm or ammunition, the firearm or
  834  ammunition shall be returned to him or her, if:
  835         1.The lawful owner agrees to store the firearm or
  836  ammunition in a manner such that the respondent does not have
  837  access to or control of the firearm or ammunition.
  838         2.The firearm or ammunition is not otherwise unlawfully
  839  possessed by the owner.
  840         (f)Upon the issuance of a risk protection order, the court
  841  shall order a new hearing date and require the respondent to
  842  appear no later than 3 business days after the issuance of the
  843  order. The court shall require proof that the respondent has
  844  surrendered any firearms or ammunition in his or her custody,
  845  control, or possession. The court may cancel the hearing upon a
  846  satisfactory showing that the respondent is in compliance with
  847  the order.
  848         (g)All law enforcement agencies must develop policies and
  849  procedures by January 1, 2019, regarding the acceptance,
  850  storage, and return of firearms, ammunition, or licenses
  851  required to be surrendered under this section.
  852         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  853         (a)If a risk protection order is vacated or ends without
  854  extension, a law enforcement agency holding a firearm or any
  855  ammunition that has been surrendered or seized pursuant to this
  856  section must return such surrendered firearm or ammunition
  857  requested by a respondent only after confirming through a
  858  background check that the respondent is currently eligible to
  859  own or possess firearms and ammunition under federal and state
  860  law and after confirming with the court that the risk protection
  861  order has been vacated or has ended without extension.
  862         (b) If a risk protection order is vacated or ends without
  863  extension, the Department of Agriculture and Consumer Services,
  864  if it has suspended a license to carry a concealed weapon or
  865  firearm pursuant to this section, must reinstate such license
  866  only after confirming that the respondent is currently eligible
  867  to have a license to carry a concealed weapon or firearm
  868  pursuant to s. 790.06.
  869         (c)A law enforcement agency must provide notice to any
  870  family or household members of the respondent before the return
  871  of any surrendered firearm and ammunition.
  872         (d)Any firearm and ammunition surrendered by a respondent
  873  pursuant to subsection (7) which remains unclaimed by the lawful
  874  owner after an order to vacate the risk protection order shall
  875  be disposed of in accordance with the law enforcement agency’s
  876  policies and procedures for the disposal of firearms in police
  877  custody.
  878         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
  879  elect to transfer all firearms and ammunition that have been
  880  surrendered to or seized by a local law enforcement agency
  881  pursuant to subsection (7) to another person who is willing to
  882  receive the respondent’s firearms and ammunition. The law
  883  enforcement agency may allow such a transfer only if it is
  884  determined that the chosen recipient:
  885         (a) Currently is eligible to own or possess a firearm and
  886  ammunition under federal and state law after confirmation
  887  through a background check;
  888         (b) Attests to storing the firearms and ammunition in a
  889  manner such that the respondent does not have access to or
  890  control of the firearms and ammunition until the risk protection
  891  order against the respondent is vacated or ends without
  892  extension; and
  893         (c) Attests not to transfer the firearms or ammunition back
  894  to the respondent until the risk protection order against the
  895  respondent is vacated or ends without extension.
  896         (10) REPORTING OF ORDERS.—
  897         (a) Within 24 hours after issuance, the clerk of the court
  898  shall enter any risk protection order or temporary ex parte risk
  899  protection order issued under this section into the uniform case
  900  reporting system.
  901         (b)Within 24 hours after issuance, the clerk of the court
  902  shall forward a copy of an order issued under this section to
  903  the appropriate law enforcement agency specified in the order.
  904  Upon receipt of the copy of the order, the law enforcement
  905  agency shall enter the order into the National Instant Criminal
  906  Background Check System, any other federal or state computer
  907  based systems used by law enforcement agencies or others to
  908  identify prohibited purchasers of firearms or ammunition, and
  909  into any computer-based criminal intelligence information system
  910  available in this state used by law enforcement agencies to list
  911  outstanding warrants. The order must remain in each system for
  912  the period stated in the order, and the law enforcement agency
  913  shall only remove orders from the systems that have ended or
  914  been vacated. Entry into the Florida Crime Information Center
  915  and National Crime Information Center constitutes notice to all
  916  law enforcement agencies of the existence of the order. The
  917  order is fully enforceable in any county in this state.
  918         (c)The issuing court shall, within 3 business days after
  919  issuance of a risk protection order or temporary ex parte risk
  920  protection order, forward all available identifying information
  921  concerning the respondent, along with the date of order
  922  issuance, to the Department of Agriculture and Consumer
  923  Services. Upon receipt of the information, the department shall
  924  determine if the respondent has a license to carry a concealed
  925  weapon or firearm. If the respondent does have a license to
  926  carry a concealed weapon or firearm, the department must
  927  immediately suspend the license.
  928         (d)If a risk protection order is vacated before its end
  929  date, the clerk of the court shall, on the day of the order to
  930  vacate, forward a copy of the order to the Department of
  931  Agriculture and Consumer Services and the appropriate law
  932  enforcement agency specified in the order to vacate. Upon
  933  receipt of the order, the law enforcement agency shall promptly
  934  remove the order from any computer-based system in which it was
  935  entered pursuant to paragraph (b).
  936         (11)PENALTIES.—
  937         (a)A person who files a petition under this section
  938  knowing the information in such petition is materially false, or
  939  files with the intent to harass the respondent, commits a
  940  misdemeanor of the first degree, punishable as provided in s.
  941  775.082 or s. 775.083.
  942         (b) A person who has in his or her custody or control a
  943  firearm or any ammunition or who purchases, possesses, or
  944  receives a firearm or any ammunition with knowledge that he or
  945  she is prohibited from doing so by an order issued under this
  946  section commits a felony of the third degree, punishable as
  947  provided in s. 775.082, s. 775.083, or s. 775.084.
  948         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  949  does not affect the ability of a law enforcement officer to
  950  remove a firearm or ammunition or license to carry a concealed
  951  weapon or concealed firearm from any person or to conduct any
  952  search and seizure for firearms or ammunition pursuant to other
  953  lawful authority.
  954         (13)LIABILITY.—Except as provided in subsection (10) or
  955  subsection (11), this section does not impose criminal or civil
  956  liability on any person or entity for acts or omissions related
  957  to obtaining a risk protection order or temporary ex parte risk
  958  protection order, including, but not limited to, providing
  959  notice to the petitioner, a family or household member of the
  960  respondent, and any known third party who may be at risk of
  961  violence or failure to provide such notice, or reporting,
  962  declining to report, investigating, declining to investigate,
  963  filing, or declining to file, a petition under this section.
  964         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
  965         (a)The Office of the State Courts Administrator shall
  966  develop and prepare instructions and informational brochures,
  967  standard petitions and risk protection order forms, and a court
  968  staff handbook on the risk protection order process. The
  969  standard petition and order forms must be used after January 1,
  970  2019, for all petitions filed and orders issued pursuant to this
  971  section. The office shall determine the significant non-English
  972  speaking or limited English-speaking populations in the state
  973  and prepare the instructions and informational brochures and
  974  standard petitions and risk protection order forms in such
  975  languages. The instructions, brochures, forms, and handbook must
  976  be prepared in consultation with interested persons, including
  977  representatives of gun violence prevention groups, judges, and
  978  law enforcement personnel. Materials must be based on best
  979  practices and must be available online to the public.
  980         1.The instructions must be designed to assist petitioners
  981  in completing the petition and must include a sample of a
  982  standard petition and order for protection forms.
  983         2.The instructions and standard petition must include a
  984  means for the petitioner to identify, with only layman’s
  985  knowledge, the firearms or ammunition the respondent may own,
  986  possess, receive, or have in his or her custody or control. The
  987  instructions must provide pictures of types of firearms and
  988  ammunition that the petitioner may choose from to identify the
  989  relevant firearms or ammunition, or must provide an equivalent
  990  means to allow petitioners to identify firearms or ammunition
  991  without requiring specific or technical knowledge regarding the
  992  firearms or ammunition.
  993         3.The informational brochure must describe the use of and
  994  the process for obtaining, extending, and vacating a risk
  995  protection order under this section and must provide relevant
  996  forms.
  997         4.The risk protection order form must include, in a
  998  conspicuous location, notice of criminal penalties resulting
  999  from violation of the order and the following statement: “You
 1000  have the sole responsibility to avoid or refrain from violating
 1001  this order’s provisions. Only the court can change the order and
 1002  only upon written request.”
 1003         5.The court staff handbook must allow for the addition of
 1004  a community resource list by the clerk of the court.
 1005         (b)Any clerk of court may create a community resource list
 1006  of crisis intervention, mental health, substance abuse,
 1007  interpreter, counseling, and other relevant resources serving
 1008  the county in which the court is located. The court may make the
 1009  community resource list available as part of or in addition to
 1010  the informational brochures described in paragraph (a).
 1011         (c)The Office of the State Courts Administrator shall
 1012  distribute a master copy of the petition and order forms,
 1013  instructions, and informational brochures to the clerks of
 1014  court. Distribution of all documents shall, at a minimum, be in
 1015  an electronic format or formats accessible to all courts and
 1016  clerks of court in the state.
 1017         (d)Within 90 days after receipt of the master copy from
 1018  the Office of the State Courts Administrator, the clerk of the
 1019  court shall make available the standardized forms, instructions,
 1020  and informational brochures required by this subsection.
 1021         (e)The Office of the State Courts Administrator shall
 1022  update the instructions, brochures, standard petition and risk
 1023  protection order forms, and court staff handbook as necessary,
 1024  including when changes in the law make an update necessary.
 1025         Section 13. Section 943.082, Florida Statutes, is created
 1026  to read:
 1027         943.082School Safety Awareness Program.—
 1028         (1)In collaboration with the Department of Legal Affairs,
 1029  the department shall competitively procure a mobile suspicious
 1030  activity reporting tool that allows students and the community
 1031  to relay information anonymously concerning unsafe, potentially
 1032  harmful, dangerous, violent, or criminal activities, or the
 1033  threat of these activities, to appropriate public safety
 1034  agencies and school officials. As recommended by students of
 1035  Marjory Stoneman Douglas, the program shall be named
 1036  “FortifyFL.” At a minimum, the department must receive reports
 1037  electronically through the mobile suspicious activity reporting
 1038  tool that is available on both Android and Apple devices.
 1039         (2)The reporting tool must notify the reporting party of
 1040  the following information:
 1041         (a)That the reporting party may provide his or her report
 1042  anonymously.
 1043         (b)That if the reporting party chooses to disclose his or
 1044  her identity, that information shall be shared with the
 1045  appropriate law enforcement agency and school officials;
 1046  however, the law enforcement agency and school officials shall
 1047  be required to maintain the information as confidential.
 1048         (3)Information received by the tool must be promptly
 1049  forwarded to the appropriate law enforcement agency or school
 1050  official.
 1051         (4)Law enforcement dispatch centers, school districts,
 1052  schools, and other entities identified by the department shall
 1053  be made aware of the mobile suspicious activity reporting tool.
 1054         (5)The department, in collaboration with the Division of
 1055  Victims Services within the Office of Attorney General and the
 1056  Office of Safe Schools within the Department of Education, shall
 1057  develop and provide a comprehensive training and awareness
 1058  program on the use of the mobile suspicious activity reporting
 1059  tool.
 1060         Section 14. Section 943.687, Florida Statutes, is created
 1061  to read:
 1062         943.687Marjory Stoneman Douglas High School Public Safety
 1063  Commission.—
 1064         (1) There is created within the Florida Department of Law
 1065  Enforcement the Marjory Stoneman Douglas High School Public
 1066  Safety Commission, a commission as defined in s. 20.03.
 1067         (2)(a)The commission shall convene no later than June 1,
 1068  2018, and shall be composed of 15 members. Five members shall be
 1069  appointed by the President of the Senate, five members shall be
 1070  appointed by the Speaker of the House of Representatives, and
 1071  five members shall be appointed by the Governor. Appointments
 1072  must be made by April 30, 2018. The Secretary of Children and
 1073  Families, the Secretary of Juvenile Justice, the Secretary of
 1074  Health Care Administration, the Commissioner of Education, and
 1075  the executive director shall serve as ex officio, nonvoting
 1076  members of the commission. Members shall serve at the pleasure
 1077  of the officer who appointed the member. A vacancy on the task
 1078  force shall be filled in the same manner as the original
 1079  appointment.
 1080         (b) The Commissioner of the Florida Department of Law
 1081  Enforcement shall chair the commission.
 1082         (c) The General Counsel of the Florida Department of Law
 1083  Enforcement shall serve as the general counsel for the
 1084  commission.
 1085         (d) The Florida Department of Law Enforcement staff, as
 1086  assigned by the chair, shall assist the commission in performing
 1087  its duties.
 1088         (e) The commission shall meet as necessary to conduct its
 1089  work at the call of the chair and at the time designated by him
 1090  or her at locations throughout the state. The commission may
 1091  conduct its meetings through teleconferences or other similar
 1092  means.
 1093         (f) Members of the task force are entitled to receive
 1094  reimbursement for per diem and travel expenses pursuant to s.
 1095  112.061.
 1096         (3) The commission shall investigate system failures in the
 1097  Marjory Stoneman Douglas High School shooting and prior mass
 1098  violence incidents in this state and develop recommendations for
 1099  system improvements. At a minimum, the commission shall analyze
 1100  information and evidence from the Marjory Stoneman Douglas High
 1101  School shooting and other mass violence incidents in this state.
 1102  At a minimum the commission shall:
 1103         (a) Develop a timeline of the incident, incident response,
 1104  and all relevant events preceding the incident, with particular
 1105  attention to all perpetrator contacts with local, state and
 1106  national government agencies and entities and any contract
 1107  providers of such agencies and entities.
 1108         (b) Investigate any failures in incident responses by local
 1109  law enforcement agencies and school resource officers.
 1110         1. Identify existing policies and procedures for active
 1111  assailant incidents on school premises and evaluate the
 1112  compliance with such policies and procedures in the execution of
 1113  incident responses.
 1114         2. Evaluate existing policies and procedures for active
 1115  assailant incidents on school premises in comparison with
 1116  national best practices.
 1117         3. Evaluate the extent to which any failures in policy,
 1118  procedure, or execution contributed to an inability to prevent
 1119  deaths and injuries.
 1120         4. Make specific recommendations for improving law
 1121  enforcement and school resource officer incident response in the
 1122  future.
 1123         (c) Investigate any failures in interactions with
 1124  perpetrators preceding mass violence incidents.
 1125         1. Identify the history of interactions between
 1126  perpetrators and governmental entities such as schools, law
 1127  enforcement agencies, courts and social service agencies, and
 1128  identify any failures to adequately communicate or coordinate
 1129  regarding indicators of risk or possible threats.
 1130         2. Evaluate the extent to which any such failures
 1131  contributed to an inability to prevent deaths and injuries.
 1132         3. Make specific recommendations for improving
 1133  communication and coordination among entities with knowledge of
 1134  indicators of risk or possible threats of mass violence in the
 1135  future.
 1136         4. Identify available state and local tools and resources
 1137  for enhancing communication and coordination regarding
 1138  indicators of risk or possible threats, including, but not
 1139  limited to, the Department of Law Enforcement Fusion Center or
 1140  Judicial Inquiry System, and make specific recommendations for
 1141  using such tools and resources more effectively in the future.
 1142         (4)The commission has the power to investigate. The
 1143  commission may delegate to its investigators the authority to
 1144  administer oaths and affirmations.
 1145         (5) The commission has standing to petition the court for a
 1146  subpoena to compel the attendance of witnesses to testify before
 1147  the commission. The commission has standing to petition the
 1148  court to compel the production of any books, papers, records,
 1149  documentary evidence, and other items, including confidential
 1150  information, relevant to the performance of the duties of the
 1151  commission or to the exercise of its powers. The commission must
 1152  specify in the petition to the court for a subpoena the
 1153  relevancy of such information to the performance of the
 1154  commission duties or to the exercise of its powers. The chair or
 1155  any other member of the commission may administer all oaths and
 1156  affirmations in the manner prescribed by law to witnesses who
 1157  appear before the commission for the purpose of testifying in
 1158  any matter that concerning which the commission desires
 1159  evidence. In the case of a refusal to obey a subpoena issued by
 1160  the court to any person, the commission may make application to
 1161  any circuit court of this state which shall have jurisdiction to
 1162  order the witness to appear before the commission and to produce
 1163  evidence, if so ordered, or to give testimony touching on the
 1164  matter in question. Failure to obey the order may be punished by
 1165  the court as contempt.
 1166         (6)The commission may call upon appropriate agencies of
 1167  state government for such professional assistance as may be
 1168  needed in the discharge of its duties, and such agencies shall
 1169  provide such assistance in a timely manner.
 1170         (7)Notwithstanding any other law, the commission may
 1171  request and shall be provided with access to any information or
 1172  records, including confidential and exempt information or
 1173  records, which pertain to the Marjory Stoneman Douglas High
 1174  School shooting and prior mass violence incidents in Florida
 1175  being reviewed by the commission and which are necessary for the
 1176  commission to carry out its duties. Information or records
 1177  obtained by the commission which are otherwise confidential and
 1178  exempt shall retain such confidential and exempt status and the
 1179  commission may not disclose any such information or records.
 1180         (8)The commission shall submit an initial report on its
 1181  findings and recommendations to the Governor, President of the
 1182  Senate, and Speaker of the House of Representatives by January
 1183  1, 2019, and may issue reports annually thereafter. The
 1184  commission shall sunset July 1, 2023, and this section is
 1185  repealed on that date.
 1186         Section 15. Section 1000.051, Florida Statutes, is created
 1187  to read:
 1188         1000.051 School safety and security.—
 1189         (1) Pursuant to the authority granted under s. 1000.01, the
 1190  Legislature intends that the provisions of the Florida K-20
 1191  Education Code be liberally construed by the State Board of
 1192  Education, the Commissioner of Education, district school
 1193  boards, district superintendents, and law enforcement agencies
 1194  to the end that student discipline and school safety policy
 1195  objectives may be effective.
 1196         (2) It is the intent of the Legislature, notwithstanding
 1197  any other provision of the Florida K-20 Education Code and rules
 1198  adopted pursuant thereto, with the exception of applicable
 1199  public records exemption provisions authorized by law pertaining
 1200  to exempt, or confidential and exempt, information, that school
 1201  district and law enforcement personnel be authorized to take
 1202  necessary actions to ensure the fundamental protection and
 1203  safety of public school students, personnel, and visitors.
 1204         Section 16. Section 1001.217, Florida Statutes, is created
 1205  to read:
 1206         1001.217 Office of Safe Schools.—There is created within
 1207  the Department of Education the Office of Safe Schools, as
 1208  required under s. 20.15, which shall be administered by an
 1209  executive director.
 1210         (1) The office shall be fully accountable to the
 1211  Commissioner of Education, but must cooperate and coordinate
 1212  with the Board of Governors of the State University System,
 1213  public and nonpublic postsecondary institutions, school
 1214  districts, public and nonpublic schools, state and local
 1215  agencies, community organizations, and other organizations and
 1216  persons, as directed by the commissioner.
 1217         (2) The purpose of the office is to serve as the state
 1218  education agency’s primary coordinating division assigned to
 1219  promote and support safe learning environments by addressing
 1220  issues of student safety and academic success at the state,
 1221  district, and school levels. In performing these functions, the
 1222  office shall, at a minimum:
 1223         (a) Function as the state’s primary contact for the
 1224  coordination of activities, information, and reporting related
 1225  to the implementation of the student discipline and school
 1226  safety requirements of subpart I.C. of chapter 1006 pertaining
 1227  to public K-12 education support for learning and student
 1228  services, as well as other requirements of law pertaining to
 1229  school safety partnerships and responsibilities, as assigned by
 1230  the commissioner.
 1231         (b) Function as the state contact and state education
 1232  agency coordination office for school district safety
 1233  specialists, as assigned pursuant to s. 1006.12, and primary
 1234  emergency operations contact staff assigned by Florida College
 1235  System institutions, state universities, and other entities
 1236  identified by the commissioner.
 1237         (c) Coordinate with state and local agencies, school
 1238  district personnel, and safety and security experts to establish
 1239  safe school and security standards, review school safety and
 1240  security plans, establish guidelines regarding school district
 1241  appointments to and functions of public school threat assessment
 1242  teams and district school safety specialists, and update risk
 1243  assessment procedures, as appropriate.
 1244         (d) Develop and implement a training program for district
 1245  school safety specialists designated or appointed by a district
 1246  school board pursuant to s. 1006.07(8). Training program
 1247  elements must include, but need not be limited to, school safety
 1248  specialist participation in active shooter situation training
 1249  conducted pursuant to s. 1006.07(4)(b), campus tours performed
 1250  pursuant to s. 1006.07(7), program activities of the Public
 1251  School Emergency Response Learning System Program established
 1252  pursuant to s. 1006.149, and training associated with the
 1253  Florida Safe Schools Assessment Tool provided pursuant to s.
 1254  1006.1493.
 1255         Section 17. Subsection (3) is added to section 1002.221,
 1256  Florida Statutes, to read:
 1257         1002.221 K-12 education records; public records exemption.—
 1258         (3)This section does not limit the application of
 1259  exemptions from public records requirements for security system
 1260  plans and public security systems, including security footage,
 1261  or other information that would relate to or reveal the location
 1262  or capabilities of such systems, provided under ss.
 1263  119.071(3)(a) and 281.301.
 1264         Section 18. Subsection (4) is added to section 1002.225,
 1265  Florida Statutes, to read:
 1266         1002.225 Education records of students in public
 1267  postsecondary educational institutions; penalty.—
 1268         (4)This section does not limit the application of
 1269  exemptions from public records requirements for security system
 1270  plans and public security systems, including security footage,
 1271  or other information that would relate to or reveal the location
 1272  or capabilities of such systems, provided under ss.
 1273  119.071(3)(a) and 281.301.
 1274         Section 19. Section 1006.04, Florida Statutes, is amended
 1275  to read:
 1276         1006.04 Educational multiagency services for students with
 1277  severe emotional disturbance.—
 1278         (1)(a) The Legislature recognizes that an intensive,
 1279  integrated educational program,; a continuum of mental health
 1280  treatment services,; and, when needed, residential services are
 1281  necessary to enable students with severe emotional disturbance
 1282  to develop appropriate behaviors and demonstrate academic and
 1283  career education skills. The small incidence of severe emotional
 1284  disturbance in the total school population requires multiagency
 1285  programs to provide access to appropriate services for all
 1286  students with severe emotional disturbance. District school
 1287  boards should provide educational programs, and state
 1288  departments and agencies administering children’s mental health
 1289  funds should provide mental health treatment and residential
 1290  services when needed, forming a multiagency network to provide
 1291  support for students with severe emotional disturbance. To
 1292  facilitate solutions to these issues, the Multiagency Service
 1293  Network for Students with Severe Emotional Disturbance (SEDNET)
 1294  is established as a function of the department in partnership
 1295  with other state, regional, and local partners as a statewide
 1296  network of regional projects comprised of major child-serving
 1297  agencies, community-based service providers, and students and
 1298  their families.
 1299         (2) Under the leadership and guidance of the department,
 1300  the fundamental goal of SEDNET and its partners shall be to
 1301  facilitate the process of cross system collaboration and
 1302  inclusion of families as full partners. At a minimum, SEDNET
 1303  shall:
 1304         (a) Focus on developing interagency collaboration and
 1305  sustaining partnerships among professionals and families in the
 1306  education, mental health, substance abuse, child welfare, and
 1307  juvenile justice systems serving children and youth with, and at
 1308  risk of, emotional and behavioral disabilities.
 1309         (b) Provide technical assistance and support in building
 1310  service capacity within regional areas and collaborate in
 1311  related state level activities impacting system of care.
 1312         (c) Serve as a collaborative resource for school districts,
 1313  agencies, and families working to promote positive educational
 1314  and community-based outcomes for children.
 1315         (3)(b) The program goals for each component of SEDNET the
 1316  multiagency network are to enable students with severe emotional
 1317  disturbance to learn appropriate behaviors, reduce dependency,
 1318  and fully participate in all aspects of school and community
 1319  living; to develop individual programs for students with severe
 1320  emotional disturbance, including necessary educational,
 1321  residential, and mental health treatment services; to provide
 1322  programs and services as close as possible to the student’s home
 1323  in the least restrictive manner consistent with the student’s
 1324  needs; and to integrate a wide range of services necessary to
 1325  support students with severe emotional disturbance and their
 1326  families.
 1327         (4)(2) The Legislature may provide funding for the
 1328  department to may award grants to district school boards for
 1329  statewide planning and development of SEDNET the multiagency
 1330  network for students with severe emotional disturbance. The
 1331  educational services shall be provided in a manner consistent
 1332  with the requirements of ss. 402.22 and 1003.57.
 1333         (5)(3) State departments and agencies may use appropriate
 1334  funds for SEDNET the multiagency network for students with
 1335  severe emotional disturbance.
 1336         Section 20. Section 1006.05, Florida Statutes, is created
 1337  to read:
 1338         1006.05Mental health assistance allocation
 1339  specifications.—Pursuant to s. 1011.62(16), the mental health
 1340  assistance allocation is created to provide supplemental funding
 1341  to assist school districts and charter schools in establishing
 1342  or expanding comprehensive mental health programs that increase
 1343  awareness of mental health issues among children and school-age
 1344  youth; to train educators and other school staff in detecting
 1345  and responding to mental health issues; and to connect children,
 1346  youth, and families who may experience behavioral or mental
 1347  health issues with appropriate services.
 1348         (1) Funding provided pursuant to s. 1011.62(16) shall be
 1349  allocated in accordance with the following:
 1350         (a)Before the distribution of the allocation:
 1351         1. The district must annually develop and submit a detailed
 1352  plan outlining the local program and planned expenditures to the
 1353  district school board for approval.
 1354         2. A charter school must annually develop and submit a
 1355  detailed plan outlining the local program and planned
 1356  expenditures of the funds in the plan to its governing body for
 1357  approval. After the plan is approved by the governing body, it
 1358  must be provided to its school district for submission to the
 1359  commissioner.
 1360         (b) The plans required under paragraph (a) must include, at
 1361  a minimum, the elements in subparagraphs 1., 2., and 3., and the
 1362  districts and charter schools are strongly encouraged to include
 1363  in their respective plans the elements specified in
 1364  subparagraphs 4., 5., and 6., as follows:
 1365         1. A contract or a memorandum of understanding with at
 1366  least one local nationally accredited community behavioral
 1367  health provider or a provider of Community Action Team services
 1368  to provide a behavioral health staff presence and services at
 1369  district schools. Services may include, but are not limited to,
 1370  mental health screenings and assessments, individual counseling,
 1371  family counseling, group counseling, psychiatric or
 1372  psychological services, trauma-informed care, mobile crisis
 1373  services, and behavior modification. These behavioral health
 1374  services may be provided on or off the school campus and may be
 1375  supplemented by telehealth;
 1376         2.Training opportunities in Mental Health First Aid or
 1377  other similar nationally recognized evidence-based training
 1378  programs for all school personnel who have contact with
 1379  students. The training must cover risk factors and warning signs
 1380  for mental health and addiction concerns, strategies for
 1381  providing assistance to individuals in both crisis and non
 1382  crisis situations, and the use of referral mechanisms that
 1383  effectively link individuals to appropriate treatment and
 1384  intervention services in the school and in the community. Topics
 1385  covered should include depression and mood disorders, anxiety
 1386  disorders, trauma, psychosis, substance use disorders, and
 1387  suicide prevention;
 1388         3. A mental health crisis intervention strategy that
 1389  provides for prompt resolution of identified, immediate threats
 1390  within district schools, including Baker Act referrals and
 1391  notification of law enforcement personnel, as appropriate;
 1392         4. Programs to assist students in dealing with anxiety,
 1393  depression, bullying, trauma, and violence;
 1394         5. Strategies or programs to reduce the likelihood of at
 1395  risk students developing social, emotional, or behavioral health
 1396  problems; suicidal tendencies; or substance use disorders; and
 1397         6. Strategies to improve the early identification of
 1398  social, emotional, or behavioral problems or substance use
 1399  disorders and to improve the provision of early intervention
 1400  services.
 1401         (c)The districts shall submit approved plans to the
 1402  commissioner by August 1 of each year.
 1403         (2) Beginning September 30, 2019, and by each September 30
 1404  thereafter, each entity that receives an allocation under this
 1405  section and s. 1011.62(16) shall submit to the commissioner, in
 1406  a format prescribed by the department, a final report on its
 1407  program outcomes and its expenditures for each element of the
 1408  program. At a minimum, the report must include the number of
 1409  each of the following:
 1410         (a) Students who receive screenings or assessments.
 1411         (b) Students who are referred for services or assistance.
 1412         (c) Students who receive services or assistance.
 1413         (d) Parents or guardians notified.
 1414         (e) School personnel who are trained to engage in the
 1415  services, techniques, strategies, or programs identified in the
 1416  plan required under this section.
 1417         Section 21. Subsections (4) and (6) of section 1006.07,
 1418  Florida Statutes, are amended, and subsections (7) and (8) are
 1419  added to that section, to read:
 1420         1006.07 District school board duties relating to student
 1421  discipline and school safety.—The district school board shall
 1422  provide for the proper accounting for all students, for the
 1423  attendance and control of students at school, and for proper
 1424  attention to health, safety, and other matters relating to the
 1425  welfare of students, including:
 1426         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1427         (a) Formulate and prescribe policies and procedures for
 1428  emergency drills and for actual emergencies, including, but not
 1429  limited to, fires, natural disasters, hostage and active shooter
 1430  situations, and bomb threats, for all the public schools of the
 1431  district which comprise grades K-12. District school board
 1432  policies shall include commonly used alarm system responses for
 1433  specific types of emergencies and verification by each school
 1434  that drills have been provided as required by law and fire
 1435  protection codes. The emergency response agency that is
 1436  responsible for notifying the school district for each type of
 1437  emergency must be listed in the district’s emergency response
 1438  policy.
 1439         (b) Establish model emergency management and emergency
 1440  preparedness procedures, including emergency notification
 1441  procedures pursuant to paragraph (a), for the following life
 1442  threatening emergencies:
 1443         1. Weapon-use, and hostage, and active shooter situations.
 1444  The active shooter situation training for each school must
 1445  engage the participation of the district school safety
 1446  specialist, threat assessment team members, faculty, staff, and
 1447  students and must be conducted by the law enforcement agency or
 1448  agencies that are designated as first responders to the school’s
 1449  campus.
 1450         2. Hazardous materials or toxic chemical spills.
 1451         3. Weather emergencies, including hurricanes, tornadoes,
 1452  and severe storms.
 1453         4. Exposure as a result of a manmade emergency.
 1454         (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
 1455  district shall: Use the Safety and Security Best Practices
 1456  developed by the Office of Program Policy Analysis and
 1457  Government Accountability to
 1458         (a) Designate a threat assessment team, in accordance with
 1459  guidelines established by the Office of Safe Schools, at each
 1460  school in the district. The threat assessment team shall operate
 1461  under the direction of the district school safety specialist.
 1462         (b) Conduct security risk assessments in accordance with s.
 1463  1006.1493 at each public school and conduct a self-assessment of
 1464  the school district’s districts’ current safety and security
 1465  practices using a format prescribed by the department. Based on
 1466  these self-assessment findings, the district school
 1467  superintendent shall provide recommendations to the district
 1468  school board which identify strategies and activities that the
 1469  district school board should implement in order to improve
 1470  school safety and security. Annually each district school board
 1471  must receive such findings and the superintendent’s
 1472  recommendations the self-assessment results at a publicly
 1473  noticed district school board meeting to provide the public an
 1474  opportunity to hear the district school board members discuss
 1475  and take action on the report findings and recommendations. Each
 1476  district school superintendent shall report such findings the
 1477  self-assessment results and school board action to the
 1478  commissioner within 30 days after the district school board
 1479  meeting.
 1480         (c) Develop a plan, in a format prescribed by the
 1481  department, which includes a secure, single point of entry onto
 1482  school grounds.
 1483         (7) SAFETY IN CONSTRUCTION PLANNING.—A district school
 1484  board must allow the law enforcement agency or agencies that are
 1485  designated as first responders to the district’s campus and
 1486  school’s campuses to tour such campuses once every 3 years. Any
 1487  changes related to school safety and emergency issues
 1488  recommended by a law enforcement agency based on a campus tour
 1489  must be documented by the district school board.
 1490         (8) DISTRICT SCHOOL SAFETY SPECIALIST.—A district school
 1491  board shall designate or appoint a district school safety
 1492  specialist to serve at the direction of the superintendent as
 1493  the district’s primary point of public contact regarding the
 1494  district’s coordination, communication, and implementation of
 1495  policies, procedures, responsibilities, and reporting related to
 1496  district and public school safety functions. The school safety
 1497  specialist shall do all of the following:
 1498         (a) Coordinate with the Office of Safe Schools created
 1499  pursuant to s. 1001.217.
 1500         (b) Facilitate the collection and dissemination of
 1501  information among and between the school district, school
 1502  personnel, students and their families, state and local law
 1503  enforcement agencies, community health entities, and other state
 1504  and community partners.
 1505         (c) Maintain records and reports and facilitate the
 1506  implementation of policies regarding the respective duties and
 1507  responsibilities of the school districts, superintendents, and
 1508  principals and reporting regarding student discipline and school
 1509  safety requirements.
 1510         (d) Oversee and coordinate threat assessment teams and
 1511  provide a coordinated approach to evaluating and responding to
 1512  students who pose, or appear to pose, a credible potential
 1513  threat of violence or harm to themselves or others.
 1514         (e) Perform other responsibilities assigned by the
 1515  superintendent and requested by the Office of Safe Schools to
 1516  facilitate and coordinate the effective implementation of
 1517  student discipline and school safety requirements.
 1518         Section 22. Section 1006.12, Florida Statutes, is amended
 1519  to read:
 1520         1006.12 Safe-school resource officers at each public school
 1521  and school safety officers.—For the protection and safety of
 1522  school personnel, property, students, and visitors, each
 1523  district school board and school district superintendent shall
 1524  cooperate with law enforcement agencies to establish or assign
 1525  one or more safe-school officers at each school facility within
 1526  the district, by implementing any combination of the following
 1527  options:
 1528         (1) District school boards may Establish school resource
 1529  officer programs, through a cooperative agreement with law
 1530  enforcement agencies or in accordance with subsection (2).
 1531         (a) School resource officers shall undergo criminal
 1532  background checks, drug testing, and a psychological evaluation
 1533  and be certified law enforcement officers, as defined in s.
 1534  943.10(1), who are employed by a law enforcement agency as
 1535  defined in s. 943.10(4). The powers and duties of a law
 1536  enforcement officer shall continue throughout the employee’s
 1537  tenure as a school resource officer.
 1538         (b) School resource officers shall abide by district school
 1539  board policies and shall consult with and coordinate activities
 1540  through the school principal, but shall be responsible to the
 1541  law enforcement agency in all matters relating to employment,
 1542  subject to agreements between a district school board and a law
 1543  enforcement agency. Activities conducted by the school resource
 1544  officer which are part of the regular instructional program of
 1545  the school shall be under the direction of the school principal.
 1546         (2) Commission one or more school safety officers for the
 1547  protection and safety of school personnel, property, and
 1548  students within the school district. The district school
 1549  superintendent may recommend, and the district school board may
 1550  appoint, one or more school safety officers.
 1551         (2)(a) School safety officers shall undergo criminal
 1552  background checks, drug testing, and a psychological evaluation
 1553  and be law enforcement officers, as defined in s. 943.10(1),
 1554  certified under the provisions of chapter 943 and employed by
 1555  either a law enforcement agency or by the district school board.
 1556  If the officer is employed by the district school board, the
 1557  district school board is the employing agency for purposes of
 1558  chapter 943, and must comply with the provisions of that
 1559  chapter.
 1560         (b) A district school board may commission one or more
 1561  school safety officers for the protection and safety of school
 1562  personnel, property, and students within the school district.
 1563  The district school superintendent may recommend and the
 1564  district school board may appoint one or more school safety
 1565  officers.
 1566         (b)(c) A school safety officer has and shall exercise the
 1567  power to make arrests for violations of law on district school
 1568  board property and to arrest persons, whether on or off such
 1569  property, who violate any law on such property under the same
 1570  conditions that deputy sheriffs are authorized to make arrests.
 1571  A school safety officer has the authority to carry weapons when
 1572  performing his or her official duties.
 1573         (c)(d) A district school board may enter into mutual aid
 1574  agreements with one or more law enforcement agencies as provided
 1575  in chapter 23. A school safety officer’s salary may be paid
 1576  jointly by the district school board and the law enforcement
 1577  agency, as mutually agreed to.
 1578         (3) Participate in the Florida Sheriff’s Marshal Program,
 1579  established pursuant to s. 1006.1491. Upon a participant’s
 1580  completion of the program, the district school board shall
 1581  designate a special deputy sheriff, as appointed by the sheriff
 1582  as a law enforcement officer certified under chapter 943,
 1583  pursuant to s. 30.072(2).
 1584         Section 23. Section 1006.149, Florida Statutes, is created
 1585  to read:
 1586         1006.149 Public School Emergency Response Learning System
 1587  Program.—
 1588         (1) The Public School Emergency Response Learning System
 1589  Program is established to assist school personnel in preparing
 1590  for and responding to active emergency situations and to
 1591  implement local notification systems for all Florida public
 1592  schools, with the ultimate goal of preventing tragedy and the
 1593  loss of life through proactive strategies.
 1594         (2) The program is created within the department and shall
 1595  be administered by the Office of Safe Schools, created pursuant
 1596  to s. 1001.217. Through the program, local law enforcement
 1597  agencies shall partner with participating public preschools,
 1598  public child care providers, or public school districts and
 1599  schools. Training, notifications, and resources must be
 1600  available for school personnel and students and their families
 1601  through, at minimum, the following mechanisms:
 1602         (a) Activities and direct training to mitigate risk and
 1603  save lives in emergency situations, such as lockdown, bomb
 1604  threat, active shooter, and other emergency situations.
 1605         (b) Vital local notification systems implemented to alert
 1606  schools of imminent danger.
 1607         (c) Other resources provided in conjunction with the
 1608  training, including, but not limited to, an emergency plan flip
 1609  chart, communication cards, instructional resources, activity
 1610  books for children and teachers, and certificates of training
 1611  and completion.
 1612         (3) Each program participant must develop a preemptive plan
 1613  of action that includes multiple options for addressing various
 1614  situations based on the form of danger present and the unique
 1615  needs and circumstances of each school and its faculty, staff,
 1616  students, and visitors.
 1617         (4) A school district must include in its emergency
 1618  notification procedures established pursuant to s. 1006.07 any
 1619  program participant who notifies the district of his or her
 1620  desire to participate.
 1621         (5) Funding for program activities may be provided by the
 1622  Legislature to implement this section.
 1623         Section 24. Section 1006.1491, Florida Statutes, is created
 1624  to read:
 1625         1006.1491Florida Sheriff’s Marshal Program.—The Florida
 1626  Sheriff’s Marshal Program is created within the department as a
 1627  voluntary program to assist school districts and public schools
 1628  in enhancing the safety and security of students, faculty,
 1629  staff, and visitors to Florida’s public schools and campuses.
 1630  The program is administered by the Office of Safe Schools,
 1631  created pursuant to s. 1001.217.
 1632         (1) PURPOSE.—The purpose of the program is to provide
 1633  comprehensive firearm safety and proficiency training for
 1634  selected faculty and staff strategically focused on providing
 1635  security on campus during an active assailant incident. Public
 1636  school faculty and staff who voluntarily participate in and
 1637  complete the program, as recommended by the school district, are
 1638  designated as special deputy sheriffs with all rights,
 1639  responsibilities, and obligations in carrying concealed firearms
 1640  on campus, as authorized pursuant to s. 30.09.
 1641         (2) DEFINITIONS.—As used in this section, the term:
 1642         (a) “Active assailant incident” means a situation in which
 1643  an armed assailant is posing an immediate deadly threat to
 1644  persons on the premises or campus of a public school.
 1645         (b) “Campus” means a school, as defined in s. 1003.01(2),
 1646  and facilities and school plants operated and controlled by a
 1647  public school district in accordance with s. 1003.02.
 1648         (c) “Partnership agreement” means a jointly approved
 1649  contract between the sheriff operating the program and the
 1650  superintendent of a participating school district sponsor.
 1651         (d) “Program” means a Florida Sheriff’s Marshal Program as
 1652  established and administered by a sheriff in accordance with
 1653  this section.
 1654         (e) “Sheriff” means the county sheriff constitutional
 1655  officer elected or appointed in accordance with chapter 30.
 1656         (f) “Sheriff’s marshal” means a faculty or staff member who
 1657  is recommended and sponsored by a school district and has been
 1658  successfully screened and approved by the sheriff to participate
 1659  in a program.
 1660         (g) “Special deputy sheriff” means a program participant
 1661  who has successfully completed the program and who is appointed
 1662  as a law enforcement officer in the same manner as a deputy
 1663  sheriff as provided in s. 30.072(2) and certified under chapter
 1664  943.
 1665         (3) PROGRAM ELIGIBILITY.—At a minimum, program eligibility
 1666  and participation requirements must include:
 1667         (a) A school district may sponsor and recommend to the
 1668  sheriff public school faculty and staff members as candidates
 1669  for voluntary participation in the program. The sheriff shall
 1670  establish timelines and requirements for participation through a
 1671  partnership agreement with the sponsoring school district
 1672  superintendent. To be eligible for consideration and
 1673  recommendation, a candidate must be licensed in accordance with
 1674  s. 790.06.
 1675         (b) After screening a candidate, including performing
 1676  criminal background checks, drug testing, and a psychological
 1677  evaluation, the sheriff may approve a candidate to participate
 1678  in the program as a sheriff’s marshal.
 1679         (c) Upon successful completion of the program, a sheriff’s
 1680  marshal may be appointed by the sheriff as a special deputy
 1681  sheriff for the limited purpose of responding to an active
 1682  assailant incident on a campus of his or her school district
 1683  during an active assailant incident.
 1684         (4) SPECIAL DEPUTY SHERIFF.—
 1685         (a) At a minimum, the partnership agreement must provide
 1686  that a special deputy sheriff:
 1687         1. Must participate in and complete the program’s
 1688  professional training requirements as a precondition to meeting
 1689  the legal requirements of chapter 30 to be eligible to carry a
 1690  concealed firearm on a campus of his or her sponsoring school
 1691  district.
 1692         2. May not act in any law enforcement capacity outside of
 1693  an active assailant incident on a school district campus and
 1694  does not have any authority in a law enforcement capacity off
 1695  campus in any way, except as otherwise expressly authorized by
 1696  law.
 1697         3. May carry concealed, approved firearms on campus. The
 1698  firearms must be specifically purchased and issued for the sole
 1699  purpose of the program. Only concealed carry safety holsters and
 1700  firearms approved by the sheriff may be used under the program.
 1701         4. Must successfully complete training with the sheriff’s
 1702  office before his or her appointment as a special deputy
 1703  sheriff, including meeting the requirements of this section.
 1704         (b) The appointment of a person as a special deputy sheriff
 1705  does not entitle the person to the special risk category that
 1706  applies to law enforcement officers pursuant to s. 121.0515.
 1707         (5) TRAINING AND INSTRUCTION.—All training must be
 1708  conducted by Criminal Justice Standards Training Commission
 1709  (CJSTC)-certified instructors.
 1710         (a) Required instruction must include 132 total hours of
 1711  comprehensive firearm safety and proficiency training in the
 1712  following topics:
 1713         1. Firearms: 80-hour block of instruction. The firearms
 1714  instruction must be based on the CJSTC Law Enforcement Academy
 1715  training model and must be enhanced to include 10 percent to 20
 1716  percent more rounds fired by each program participant beyond the
 1717  minimum average of approximately 1,000 training rounds
 1718  associated with academy training. Program participants must
 1719  achieve an 85 percent pass rate on the firearms training.
 1720         2. Firearms precision pistol: 16-hour block of instruction.
 1721         3. Firearms discretionary shooting: 4-hour block of
 1722  instruction using state-of-the-art simulator exercises.
 1723         4. Active shooter or assailant: 8-hour block of
 1724  instruction.
 1725         5. Defensive tactics: 4-hour block of instruction.
 1726         6. Legal or high liability: 20-hour block of instruction.
 1727         (b) Program participants may complete an optional, 16-hour
 1728  precision pistol course as additional training.
 1729         (c) Ongoing and annual proficiency retraining must be
 1730  conducted by the sheriff, as specified in the agreement.
 1731         (6) PARTICIPATION DENIAL OR TERMINATION.—The sheriff or the
 1732  district superintendent may deny or terminate a sheriff’s
 1733  marshal or special deputy sheriff’s participation in the program
 1734  for any reason, including, but not limited to, any of the
 1735  following circumstances:
 1736         (a) An arrest or filing of criminal charges against a
 1737  program participant by a law enforcement agency.
 1738         (b) The service of process on the program participant as
 1739  the respondent of an injunction for protection.
 1740         (c) The involuntary placement of the program participant in
 1741  a treatment facility for a mental health examination under The
 1742  Baker Act.
 1743         (d) A violation of sheriff office policies, orders, or
 1744  requirements by the program participant.
 1745         (e) A violation of the school district’s code of conduct or
 1746  employee handbook or policy by the program participant.
 1747         (7) IMPLEMENTATION.—
 1748         (a) The sheriff shall maintain documentation of weapon and
 1749  equipment inspections, as well as the training, certification,
 1750  inspection, and qualification records of each program
 1751  participant.
 1752         (b) Each program participant must be distinctly and
 1753  visually identifiable to responding law enforcement officers,
 1754  faculty, staff, and students, in the case of any active
 1755  assailant incident on a sponsoring school district’s campus.
 1756         (c) Each sheriff’s marshal must execute a volunteer
 1757  agreement with the sheriff’s office outlining duties and
 1758  responsibilities.
 1759         (d) A sponsoring school district must conduct awareness
 1760  training about the program for all school district faculty and
 1761  staff members.
 1762         (e) Specific implementation requirements, responsibilities,
 1763  and other aspects of implementation must be specified in a
 1764  partnership agreement.
 1765         (8) FUNDING.—The costs of program participation must be
 1766  established in the partnership agreement. Funding may be
 1767  provided by the Legislature to support school district and
 1768  sheriff office administration, sponsorship, participation, and
 1769  implementation of this section.
 1770         Section 25. Section 1006.1493, Florida Statutes, is created
 1771  to read:
 1772         1006.1493Florida Safe Schools Assessment Tool.—
 1773         (1) The department shall contract with a security
 1774  consulting firm that specializes in the development of risk
 1775  assessment software solutions and has experience in conducting
 1776  security assessments of public facilities to develop, update,
 1777  and implement a risk assessment tool, which shall be known as
 1778  the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must
 1779  be used by school officials at each school district and public
 1780  school site in the state in conducting security assessments for
 1781  use by school officials at each school district and public
 1782  school site in the state.
 1783         (2) The FSSAT must help school officials identify threats,
 1784  vulnerabilities, and appropriate safety controls for the schools
 1785  that they supervise, pursuant to the security risk assessment
 1786  requirements of s. 1006.07(6).
 1787         (a) At a minimum, the FSSAT must address all of the
 1788  following components:
 1789         1. School emergency and crisis preparedness planning;
 1790         2. Security, crime, and violence prevention policies and
 1791  procedures;
 1792         3. Physical security measures;
 1793         4. Professional development training needs;
 1794         5. An examination of support service roles in school
 1795  safety, security, and emergency planning;
 1796         6. School security and school police staffing, operational
 1797  practices, and related services;
 1798         7. School and community collaboration on school safety; and
 1799         8. A return on investment analysis of the recommended
 1800  physical security controls.
 1801         (b) The department shall require by contract that the
 1802  security consulting firm:
 1803         1. Generate written automated reports on assessment
 1804  findings for review by the department and school and district
 1805  officials;
 1806         2. Provide training to the department and school officials
 1807  in the use of the FSSAT and other areas of importance identified
 1808  by the department; and
 1809         3. Advise in the development and implementation of
 1810  templates, formats, guidance, and other resources necessary to
 1811  facilitate the implementation of this section at state,
 1812  district, school, and local levels.
 1813         (3) By December 1, 2018, and annually by that date
 1814  thereafter, the department must report to the Governor, the
 1815  President of the Senate, and the Speaker of the House of
 1816  Representatives on the status of implementation across school
 1817  districts and schools. The report must include a summary of the
 1818  positive school safety measures in place at the time of the
 1819  assessment and any recommendations for policy changes or funding
 1820  needed to facilitate continued school safety planning,
 1821  improvement, and response at the state, district, or school
 1822  levels.
 1823         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
 1824  and information related to security risk assessments
 1825  administered pursuant to this section and s. 1006.07(6) and the
 1826  security information contained in the annual report required
 1827  pursuant to subsection (3) are confidential and exempt from
 1828  public records requirements.
 1829         Section 26. Present subsections (16) and (17) of section
 1830  1011.62, Florida Statutes, are redesignated as subsections (17)
 1831  and (18), respectively, paragraph (a) of subsection (4) and
 1832  subsections (14) and (15) of that section are amended, and a new
 1833  subsection (16) is added to that section, to read:
 1834         1011.62 Funds for operation of schools.—If the annual
 1835  allocation from the Florida Education Finance Program to each
 1836  district for operation of schools is not determined in the
 1837  annual appropriations act or the substantive bill implementing
 1838  the annual appropriations act, it shall be determined as
 1839  follows:
 1840         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 1841  Legislature shall prescribe the aggregate required local effort
 1842  for all school districts collectively as an item in the General
 1843  Appropriations Act for each fiscal year. The amount that each
 1844  district shall provide annually toward the cost of the Florida
 1845  Education Finance Program for kindergarten through grade 12
 1846  programs shall be calculated as follows:
 1847         (a) Estimated taxable value calculations.—
 1848         1.a. Not later than 2 working days before July 19, the
 1849  Department of Revenue shall certify to the Commissioner of
 1850  Education its most recent estimate of the taxable value for
 1851  school purposes in each school district and the total for all
 1852  school districts in the state for the current calendar year
 1853  based on the latest available data obtained from the local
 1854  property appraisers. The value certified shall be the taxable
 1855  value for school purposes for that year, and no further
 1856  adjustments shall be made, except those made pursuant to
 1857  paragraphs (c) and (d), or an assessment roll change required by
 1858  final judicial decisions as specified in paragraph (17)(b)
 1859  (16)(b). Not later than July 19, the Commissioner of Education
 1860  shall compute a millage rate, rounded to the next highest one
 1861  one-thousandth of a mill, which, when applied to 96 percent of
 1862  the estimated state total taxable value for school purposes,
 1863  would generate the prescribed aggregate required local effort
 1864  for that year for all districts. The Commissioner of Education
 1865  shall certify to each district school board the millage rate,
 1866  computed as prescribed in this subparagraph, as the minimum
 1867  millage rate necessary to provide the district required local
 1868  effort for that year.
 1869         b. The General Appropriations Act shall direct the
 1870  computation of the statewide adjusted aggregate amount for
 1871  required local effort for all school districts collectively from
 1872  ad valorem taxes to ensure that no school district’s revenue
 1873  from required local effort millage will produce more than 90
 1874  percent of the district’s total Florida Education Finance
 1875  Program calculation as calculated and adopted by the
 1876  Legislature, and the adjustment of the required local effort
 1877  millage rate of each district that produces more than 90 percent
 1878  of its total Florida Education Finance Program entitlement to a
 1879  level that will produce only 90 percent of its total Florida
 1880  Education Finance Program entitlement in the July calculation.
 1881         2. On the same date as the certification in sub
 1882  subparagraph 1.a., the Department of Revenue shall certify to
 1883  the Commissioner of Education for each district:
 1884         a. Each year for which the property appraiser has certified
 1885  the taxable value pursuant to s. 193.122(2) or (3), if
 1886  applicable, since the prior certification under sub-subparagraph
 1887  1.a.
 1888         b. For each year identified in sub-subparagraph a., the
 1889  taxable value certified by the appraiser pursuant to s.
 1890  193.122(2) or (3), if applicable, since the prior certification
 1891  under sub-subparagraph 1.a. This is the certification that
 1892  reflects all final administrative actions of the value
 1893  adjustment board.
 1894         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 1895  annually in the General Appropriations Act determine a
 1896  percentage increase in funds per K-12 unweighted FTE as a
 1897  minimum guarantee to each school district. The guarantee shall
 1898  be calculated from prior year base funding per unweighted FTE
 1899  student which shall include the adjusted FTE dollars as provided
 1900  in subsection (17) (16), quality guarantee funds, and actual
 1901  nonvoted discretionary local effort from taxes. From the base
 1902  funding per unweighted FTE, the increase shall be calculated for
 1903  the current year. The current year funds from which the
 1904  guarantee shall be determined shall include the adjusted FTE
 1905  dollars as provided in subsection (17) (16) and potential
 1906  nonvoted discretionary local effort from taxes. A comparison of
 1907  current year funds per unweighted FTE to prior year funds per
 1908  unweighted FTE shall be computed. For those school districts
 1909  which have less than the legislatively assigned percentage
 1910  increase, funds shall be provided to guarantee the assigned
 1911  percentage increase in funds per unweighted FTE student. Should
 1912  appropriated funds be less than the sum of this calculated
 1913  amount for all districts, the commissioner shall prorate each
 1914  district’s allocation. This provision shall be implemented to
 1915  the extent specifically funded.
 1916         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1917  created to provide funding to assist school districts in their
 1918  compliance with subpart I.C. of chapter 1006 ss. 1006.07
 1919  1006.148, with priority given to satisfying the requirement of
 1920  establishing or assigning at least one safe-school officer at
 1921  each school facility within the district a school resource
 1922  officer program pursuant to s. 1006.12. Each school district
 1923  shall receive a minimum safe schools allocation in an amount
 1924  provided in the General Appropriations Act. Of the remaining
 1925  balance of the safe schools allocation, two-thirds shall be
 1926  allocated to school districts based on the most recent official
 1927  Florida Crime Index provided by the Department of Law
 1928  Enforcement and one-third shall be allocated based on each
 1929  school district’s proportionate share of the state’s total
 1930  unweighted full-time equivalent student enrollment.
 1931         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1932  assistance allocation is created to provide funding to assist
 1933  school districts and charter schools in their compliance with
 1934  the requirements and specifications established in s. 1006.05.
 1935  These funds must be allocated annually in the General
 1936  Appropriations Act to each eligible school district and
 1937  developmental research school based on each entity’s
 1938  proportionate share of Florida Education Finance Program base
 1939  funding, in accordance with s. 1006.05. The district funding
 1940  allocation must include a minimum amount, as provided in the
 1941  General Appropriations Act. Eligible charter schools are
 1942  entitled to a proportionate share of district funding for the
 1943  program. The allocated funds may not supplant funds that are
 1944  provided for this purpose from other operating funds and may not
 1945  be used to increase salaries or provide bonuses, except for
 1946  personnel hired to implement the plans required by s. 1006.05.
 1947  School districts and schools must maximize third-party funding
 1948  from Medicaid and private insurance when appropriate.
 1949         Section 27. For the purpose of incorporating the amendment
 1950  made by this act to section 790.065, Florida Statutes, in a
 1951  reference thereto, subsection (2) of section 397.6760, Florida
 1952  Statutes, is reenacted to read:
 1953         397.6760 Court records; confidentiality.—
 1954         (2) This section does not preclude the clerk of the court
 1955  from submitting the information required by s. 790.065 to the
 1956  Department of Law Enforcement.
 1957         Section 28. For the purpose of incorporating the amendment
 1958  made by this act to section 790.065, Florida Statutes, in a
 1959  reference thereto, paragraph (e) of subsection (3) of section
 1960  790.335, Florida Statutes, is reenacted to read:
 1961         790.335 Prohibition of registration of firearms; electronic
 1962  records.—
 1963         (3) EXCEPTIONS.—The provisions of this section shall not
 1964  apply to:
 1965         (e)1. Records kept pursuant to the recordkeeping provisions
 1966  of s. 790.065; however, nothing in this section shall be
 1967  construed to authorize the public release or inspection of
 1968  records that are made confidential and exempt from the
 1969  provisions of s. 119.07(1) by s. 790.065(4)(a).
 1970         2. Nothing in this paragraph shall be construed to allow
 1971  the maintaining of records containing the names of purchasers or
 1972  transferees who receive unique approval numbers or the
 1973  maintaining of records of firearm transactions.
 1974         Section 29. Each January 1, the Department of Agriculture
 1975  and Consumer Services shall transfer 10 percent of the fees
 1976  collected for new and renewal concealed weapon or firearm
 1977  licenses from the Division of Licensing Trust Fund to the
 1978  Department of Legal Affairs to reimburse verified or designated
 1979  trauma centers for documented medical costs of treating victims
 1980  of mass shootings through its Medical Reimbursement Program for
 1981  Victims of Mass Shootings.
 1982         Section 30. The sum of $10 million in recurring funds from
 1983  the General Revenue Fund is appropriated to the Department of
 1984  Legal Affairs to reimburse verified or designated trauma centers
 1985  for documented medical costs of treating victims of mass
 1986  shootings through its Medical Reimbursement Program for Victims
 1987  of Mass Shootings.
 1988         Section 31. For the 2018-2019 fiscal year, the sum of $100
 1989  million in recurring funds is appropriated from the General
 1990  Revenue Fund to the Department of Education in the Aid to Local
 1991  Governments Grants and Aids – Florida Education Finance Program
 1992  to fund the mental health assistance allocation created pursuant
 1993  to s. 1011.62(16), Florida Statutes.
 1994         Section 32. For the 2018-2019 fiscal year, the sum of
 1995  $500,000 in nonrecurring funds is appropriated from the General
 1996  Revenue Fund to the Department of Education for the design and
 1997  construction of a memorial honoring those who lost their lives
 1998  on February 14, 2018, at Marjory Stoneman Douglas High School in
 1999  Broward County. The department shall collaborate with the
 2000  students and faculty of Marjory Stoneman Douglas High School,
 2001  the families of the victims, the Broward County School District,
 2002  and other relevant entities of the Parkland community on the
 2003  design and placement of the memorial.
 2004         Section 33. For the 2018-2019 fiscal year, the sum of $15
 2005  million in nonrecurring funds is appropriated from the General
 2006  Revenue Fund to the Department of Education combined with an
 2007  equal amount of local matching funds for the purpose of
 2008  replacing Building 12, as listed in the Florida Inventory of
 2009  School Houses, at Marjory Stoneman Douglas High School in
 2010  Broward County.
 2011         Section 34. For the 2018-2019 fiscal year, the sums of
 2012  $500,000 in recurring funds and $67 million in nonrecurring
 2013  funds are appropriated from the General Revenue Fund to the
 2014  Department of Education to implement the Florida Sheriff’s
 2015  Marshal Program pursuant to s. 1006.1491, Florida Statutes.
 2016         Section 35. For the 2018-2019 fiscal year, three full-time
 2017  equivalent positions, with associated salary rate of 150,000,
 2018  are authorized, and the sum of $344,393 in recurring funds are
 2019  appropriated from the General Revenue Fund to the Department of
 2020  Education to fund the Office of Safe Schools created pursuant to
 2021  s. 1001.217, Florida Statutes.
 2022         Section 36. For the 2018-2019 fiscal year, the sum of $75
 2023  million in recurring funds is appropriated from the General
 2024  Revenue Fund to the Department of Education in the Aid to Local
 2025  Governments Grants and Aids – Florida Education Finance Program
 2026  category for the safe schools allocation. These funds are in
 2027  addition to the safe schools allocation funds appropriated in
 2028  the Florida Education Finance Program in the Fiscal Year 2018
 2029  2019 General Appropriations Act. From these funds, $13,675,820
 2030  shall be added equally to each school district and developmental
 2031  research school to provide a district minimum amount of
 2032  $250,000. Notwithstanding s. 1011.62(15), Florida Statutes, the
 2033  balance of the funds shall be allocated to school districts
 2034  based on each district’s proportionate share of the state’s
 2035  total unweighted full-time equivalent student enrollment. Each
 2036  school district must use these funds exclusively for hiring or
 2037  contracting for safe-school officers pursuant to s. 1006.12,
 2038  Florida Statutes.
 2039         Section 37. For the 2018-2019 fiscal year, the sum of
 2040  $100,000 in recurring funds is appropriated from the General
 2041  Revenue Fund to the Department of Education to competitively
 2042  procure the active shooter training component of the school
 2043  safety specialist training program pursuant to s. 1001.217,
 2044  Florida Statutes.
 2045         Section 38. For the 2018-2019 fiscal year, the sum of
 2046  $90,688,152 in nonrecurring funds is appropriated from the
 2047  General Revenue Fund to the Department of Education to implement
 2048  a grant program that will provide awards to schools to fund, in
 2049  whole or in part, the fixed capital outlay costs associated with
 2050  improving the physical security of school buildings as
 2051  identified by a security risk assessment completed before August
 2052  1, 2018, by a school district or charter school. By August 31,
 2053  2018, the department shall submit the grant guidelines, which
 2054  must include an application submission deadline of no later than
 2055  December 1, 2018, and the specific evaluation criteria, to all
 2056  school districts and charter schools. The department shall award
 2057  grants no later than January 15, 2019, based upon the evaluation
 2058  criteria set forth in the application guidelines.
 2059         Section 39. For the 2018-2019 fiscal year, the sums of
 2060  $300,000 in nonrecurring funds and $100,000 in recurring funds
 2061  are appropriated from the General Revenue Fund to the Department
 2062  of Law Enforcement to competitively procure proposals for the
 2063  development or acquisition of the mobile suspicious activity
 2064  reporting tool pursuant to s. 943.082. The tool shall be
 2065  implemented no later than January 31, 2019.
 2066         Section 40. For the 2018-2019 fiscal year, five full-time
 2067  equivalent positions, with associated salary rate of 345,000,
 2068  are authorized and the recurring sum of $600,000 and the
 2069  nonrecurring sum of $50,000 are appropriated from the General
 2070  Revenue Fund to the Department of Law Enforcement to fund the
 2071  operations of the Marjory Stoneman Douglas High School Public
 2072  Safety Commission.
 2073         Section 41. For the 2018-2019 fiscal year, the sum of $9.8
 2074  million in nonrecurring funds is appropriated from the General
 2075  Revenue Fund to the Department of Children and Families to
 2076  competitively procure for additional community action teams to
 2077  ensure reasonable access among all counties. The department
 2078  shall consider the geographic location of existing community
 2079  action teams and select providers to serve the areas of greatest
 2080  need.
 2081         Section 42. For the 2018-2019 fiscal year, the sums of
 2082  $11,140,105 in nonrecurring funds, and $7,159,895 in recurring
 2083  funds are appropriated from the General Revenue Fund to the
 2084  Department of Children and Families to competitively procure
 2085  proposals for additional mobile crisis teams to ensure
 2086  reasonable access among all counties. The department shall
 2087  consider the geographic location of existing mobile crisis teams
 2088  and select providers to serve the areas of greatest need.
 2089         Section 43. For the 2018-2019 fiscal year, 67 full-time
 2090  equivalent positions, with associated salary rate of 3,685,000,
 2091  are authorized and the recurring sum of $6,177,391 and the
 2092  nonrecurring sum of $296,743 are appropriated from the General
 2093  Revenue Fund to Department of Children and Families to hire case
 2094  managers who will be assigned to each Sheriff’s Office in the
 2095  state.
 2096         Section 44. For the 2018-2019 fiscal year, the sums of
 2097  $18,321 in recurring funds and $225,000 in nonrecurring funds
 2098  are appropriated from the General Revenue Fund to the Department
 2099  of Education in the Special Categories – Teacher and School
 2100  Administrator Death Benefits category to provide for the
 2101  benefits awarded pursuant to s. 112.1915, Florida Statutes, to
 2102  the eligible recipients of the three Marjory Stoneman Douglas
 2103  High School staff members who lost their lives on February 14,
 2104  2018.
 2105         Section 45. For the 2018-2019 fiscal year, the sum of $5
 2106  million in nonrecurring funds is appropriated from the General
 2107  Revenue Fund to the Department of Education to competitively
 2108  procure for the development or acquisition of the Threat
 2109  Monitoring System. The department shall collaborate with the
 2110  school districts to identify the requirements and functionality
 2111  of the Threat Monitoring System and shall make such resources
 2112  available to the school districts no later than December 1,
 2113  2018.
 2114         Section 46. This act shall take effect upon becoming a law.