CS for SB 7026                                   First Engrossed
       
       
       
       
       
       
       
       
       20187026e1
       
    1                        A bill to be entitled                      
    2         An act relating to public safety; providing a short
    3         title; providing legislative findings; amending
    4         16.555, F.S.; authorizing the awarding of grants
    5         through the Crime Stoppers Trust Fund for student
    6         crime watch programs; amending s. 20.15, F.S.;
    7         establishing the Office of Safe Schools within the
    8         Department of Education; amending s. 30.15, F.S.;
    9         providing that each sheriff may establish a school
   10         marshal program and appoint certain volunteer school
   11         employees as school marshals; providing sheriff and
   12         school marshal requirements; requiring certain
   13         documentation and records be maintained relating to
   14         such school marshals; amending s. 121.091, F.S.;
   15         authorizing certain retired law enforcement officers
   16         to be reemployed as school resource officers after
   17         meeting specified termination requirements;
   18         authorizing such retired law enforcement officers to
   19         receive compensation and retirement benefits after a
   20         specified period; providing that such retired law
   21         enforcement officers may not renew membership in the
   22         Florida Retirement System, except as otherwise
   23         provided; amending s. 394.463, F.S.; requiring when
   24         practicable that a law enforcement officer with
   25         certain training be assigned to serve and execute
   26         certain ex parte orders; authorizing a law enforcement
   27         officer to seize and hold firearms and ammunition if
   28         taking custody of a person who poses a potential
   29         danger to himself or herself or others and who has
   30         made a credible threat against another person;
   31         authorizing a law enforcement officer to seek the
   32         voluntary surrender of firearms and ammunition kept in
   33         the residence if the law enforcement officer takes
   34         custody of the person at the person’s residence and
   35         certain criteria are met; authorizing such law
   36         enforcement officer to petition an appropriate court
   37         for a risk protection order under certain
   38         circumstances; requiring that firearms and ammunition
   39         seized or voluntarily surrendered be returned within a
   40         certain timeframe under specified circumstances;
   41         providing exceptions; requiring law enforcement
   42         agencies to develop policies and procedures relating
   43         to the seizure, storage, and return of firearms and
   44         ammunition; amending s. 394.495, F.S.; requiring the
   45         Department of Children and Families to contract for
   46         community action treatment teams throughout the state
   47         with the managing entities; specifying requirements
   48         for community action treatment teams; subject to
   49         legislative appropriation, requiring the department to
   50         contract for additional teams to ensure statewide
   51         availability of services; creating s. 790.064, F.S.;
   52         prohibiting a person who has been adjudicated mentally
   53         defective or been committed to a mental institution
   54         from owning or possessing a firearm until certain
   55         relief is obtained; specifying that the firearm
   56         possession and ownership disability runs concurrently
   57         with the firearm purchase disability under certain
   58         provisions; authorizing a person to petition for
   59         relief from the firearm possession and ownership
   60         disability; requiring that petitions for relief follow
   61         certain procedures; authorizing such person to
   62         petition for simultaneous relief; amending s. 790.065,
   63         F.S.; prohibiting a person younger than a certain age
   64         from purchasing a firearm; prohibiting the sale or
   65         transfer, or facilitation of a sale or transfer, of a
   66         firearm to a person younger than a certain age by a
   67         licensed importer, licensed manufacturer, or licensed
   68         dealer; providing criminal penalties; providing
   69         exceptions; amending s. 790.0655, F.S.; revising the
   70         mandatory waiting period to the later of either 3
   71         days, excluding weekends and legal holidays, or upon
   72         the completion of certain records checks; revising and
   73         redefining terms; requiring that records of firearm
   74         sales be available for inspection by any law
   75         enforcement agency during normal business hours;
   76         revising applicability of the waiting period;
   77         conforming provisions to changes made by the act;
   78         creating s. 790.222, F.S.; defining the term “bump
   79         fire stock”; prohibiting specified acts relating to
   80         the sale and possession of bump-fire stocks; providing
   81         criminal penalties; providing legislative intent;
   82         providing a short title; creating s. 790.401, F.S.;
   83         defining terms; creating an action known as a petition
   84         for a risk protection order to prevent persons who are
   85         at high risk of harming themselves or others from
   86         accessing firearms or ammunition; providing
   87         requirements for petitions for such orders; providing
   88         duties for courts and clerks of court; prohibiting
   89         fees for the filing of or service of process of such
   90         petitions; providing for jurisdiction for such
   91         petitions; requiring hearings on petitions within a
   92         specified period; providing service requirements;
   93         providing grounds that may be considered in
   94         determining whether to grant such a petition;
   95         providing requirements for proceedings; providing
   96         requirements for risk protection orders; requiring the
   97         court to inform a respondent of his or her right to
   98         request a certain hearing; authorizing temporary ex
   99         parte orders under certain circumstances; providing
  100         requirements for petitions for such ex parte orders;
  101         providing for service of orders; providing for the
  102         termination or extension of an order; providing for
  103         the surrender and storage of firearms, ammunition, and
  104         licenses to carry a concealed weapon or firearm after
  105         issuance of a risk protection order; requiring law
  106         enforcement agencies to develop certain policies and
  107         procedures; providing for return of firearms and
  108         ammunition upon the vacating or end without the
  109         extension of an order under certain circumstances;
  110         authorizing a respondent to elect to transfer all
  111         firearms and ammunition surrendered or seized by a law
  112         enforcement agency to another person under certain
  113         circumstances; requiring a clerk of the court to
  114         forward a copy of a risk protection order to the
  115         appropriate law enforcement agency within a specified
  116         timeframe; requiring the law enforcement agency to
  117         enter the order into the Florida Crime Information
  118         Center and the National Crime Information Center
  119         systems; requiring that the order be maintained in the
  120         systems for a specified period and prohibiting a law
  121         enforcement from removing an order from the systems
  122         which has not ended or been vacated; providing that
  123         entry of an order into the systems constitutes notice
  124         to law enforcement agencies; requiring an issuing
  125         court to forward specified information concerning a
  126         respondent to the Department of Agriculture and
  127         Consumer Services within a specified timeframe;
  128         requiring the department to suspend a license to carry
  129         a concealed weapon or firearm which is held by a
  130         person subject to such an order; prohibiting a person
  131         from making a false statement under oath; providing
  132         criminal penalties; prohibiting violations of such an
  133         order; providing criminal penalties; providing
  134         construction; providing that the risk protection order
  135         provisions do not create liability for certain acts or
  136         omissions; requiring the Office of the State Courts
  137         Administrator to develop and distribute certain
  138         instructional and informational material; amending s.
  139         836.10, F.S.; prohibiting a person from making,
  140         posting, or transmitting a threat to conduct a mass
  141         shooting or an act of terrorism in a writing or other
  142         record in any manner that would allow another person
  143         to view the threat; providing criminal penalties;
  144         amending s. 921.0022, F.S.; conforming a provision to
  145         changes made by the act; creating s. 943.082, F.S.;
  146         requiring the Department of Law Enforcement, in
  147         collaboration with the Department of Legal Affairs, to
  148         competitively procure a mobile suspicious activity
  149         tool with certain features; requiring the department
  150         to receive certain electronic reports; requiring the
  151         reporting tool to notify the reporting party of
  152         certain information; requiring the forwarding of
  153         certain information to appropriate law enforcement
  154         agencies; requiring that certain entities be made
  155         aware of the reporting tool; requiring the department,
  156         in collaboration with certain entities, to develop and
  157         provide certain training and awareness relating to the
  158         reporting tool; creating s. 943.687, F.S.; creating
  159         the Marjory Stoneman Douglas High School Public Safety
  160         Commission within the Department of Law Enforcement;
  161         requiring the commission to convene by a certain date;
  162         specifying the composition of the commission;
  163         requiring Department of Law Enforcement staff to
  164         assist the commission; specifying meeting
  165         requirements; authorizing reimbursement for per diem
  166         and travel expenses; providing the duties and
  167         authority of the commission; requiring the commission
  168         to submit an initial report to the Governor and the
  169         Legislature within a specified time; providing for the
  170         expiration of the commission; creating s. 1001.212,
  171         F.S.; creating the Office of Safe Schools within the
  172         Department of Education; providing duties of the
  173         office; amending s. 1002.32, F.S.; conforming a cross
  174         reference; amending s. 1006.04, F.S.; revising the
  175         purpose and duties of the educational multiagency
  176         network for students with emotional and behavioral
  177         disabilities; amending s. 1006.07, F.S.; revising
  178         district school board duties relating to student
  179         discipline and school safety; requiring students to
  180         note referrals to mental health services upon initial
  181         registration for school within a school district;
  182         authorizing a district school board to refer a student
  183         to certain mental health services under certain
  184         circumstances; revising the code of student conduct
  185         relating to the referral of certain students to
  186         certain mental health services and law enforcement;
  187         providing requirements for student crime watch
  188         programs; revising the policies and procedures for
  189         emergency drills to include drills for active shooter
  190         and hostage situations; providing requirements for
  191         such drills; revising requirements for the emergency
  192         response policy; requiring model emergency management
  193         and emergency preparedness procedures for active
  194         shooter situations; requiring school districts to
  195         establish a schedule to test emergency communication
  196         systems; requiring district school superintendents to
  197         establish certain policies and procedures relating to
  198         the prevention of violence on school grounds and
  199         designate a school safety specialist for the school
  200         district; providing requirements and duties for school
  201         safety specialists; providing school safety specialist
  202         requirements relating to the required school security
  203         risk assessments; requiring each district school board
  204         to establish a threat assessment team at each school
  205         within the district; providing requirements and duties
  206         for threat assessment teams; authorizing a threat
  207         assessment team to obtain certain criminal history
  208         record information under certain circumstances;
  209         prohibiting a member of a threat assessment team from
  210         disclosing or using such information except for a
  211         specified purpose; authorizing certain entities to
  212         share specified confidential information and records
  213         relating to students for specified purposes;
  214         authorizing school personnel to address an immediate
  215         mental health or substance abuse crisis; providing
  216         requirements for addressing such situations; providing
  217         threat assessment team reporting requirements;
  218         amending s. 1006.08, F.S.; requiring a district school
  219         superintendent to be notified by the court of a
  220         student referred to mental health services; amending
  221         s. 1006.12, F.S.; requiring district school boards to
  222         establish or assign safe-school officers at each
  223         district school facility within the district;
  224         requiring school resource officers and school safety
  225         officers to undergo specified evaluations; specifying
  226         that participation in the school marshal program meets
  227         the requirement, if such a program is available;
  228         amending s. 1006.13, F.S.; revising the policy of zero
  229         tolerance for crime and victimization; providing
  230         district school board responsibilities; authorizing a
  231         threat assessment team to use specified alternatives
  232         to expulsion or referral to law enforcement to address
  233         disruptive behavior; providing requirements for zero
  234         tolerance policies; requiring a threat assessment team
  235         to consult with law enforcement under certain
  236         circumstances; creating s. 1006.1493, F.S.; requiring
  237         the department to contract with a security consulting
  238         firm to develop, update, and implement a risk
  239         assessment tool; providing requirements for the
  240         Florida Safe Schools Assessment Tool; requiring
  241         reports, training, and advice in the security
  242         consulting firm contract; requiring a specified annual
  243         report to the Governor and Legislature by a specified
  244         date; providing for construction regarding the
  245         applicability of public records exemptions for certain
  246         security data and information; amending s. 1011.62,
  247         F.S.; authorizing a district school board to use
  248         certain categorical appropriations to improve school
  249         safety; revising the safe schools allocation; creating
  250         the mental health assistance allocation; providing the
  251         purpose of the allocation; requiring that funds be
  252         allocated annually in the General Appropriations Act;
  253         providing for the annual allocation of such funds on a
  254         specified basis; providing that eligible charter
  255         schools are entitled to a proportionate share;
  256         prohibiting the use of allocated funds to supplant
  257         funds provided from other operating funds, to increase
  258         salaries, or to provide bonuses, except in certain
  259         circumstances; requiring that school districts and
  260         schools maximize certain third-party funding;
  261         requiring that school districts and charter schools
  262         annually develop and submit certain detailed plans;
  263         requiring that approved charter school plans be
  264         provided to the district for submission to the
  265         commissioner; providing that required plans must
  266         include certain elements; requiring school districts
  267         to annually submit approved plans to the Commissioner
  268         of Education by a specified date; requiring that
  269         entities receiving such allocations annually submit a
  270         final report on program outcomes and specific
  271         expenditures to the commissioner by a specified date;
  272         creating s. 1012.584, F.S.; requiring the department
  273         to establish a youth mental health awareness and
  274         assistance training program for specified purposes;
  275         providing department and program requirements;
  276         requiring certain school personnel to receive such
  277         training; requiring the school safety specialist to
  278         ensure certain personnel receive such training;
  279         requiring school districts to inform such personnel of
  280         the mental health services available in the district;
  281         providing appropriations for specified purposes;
  282         amending s. 1013.64, F.S.; specifying that the cost
  283         per student station does not include certain
  284         improvements related to enhanced safety and security;
  285         reenacting ss. 397.6760(2) and 790.335(3)(e), F.S.;
  286         relating to the confidentiality of court records and
  287         exceptions to the prohibition of registration of
  288         firearms, respectively, to incorporate the amendment
  289         made to s. 790.065, F.S., in references thereto;
  290         providing appropriations; reenacting ss. 794.056 and
  291         938.085, F.S.; relating to the Rape Crises Program
  292         Trust Fund and additional cost to fund rape crises
  293         centers, respectively, to incorporate the amendment
  294         made to s. 836.10, F.S.; providing appropriations;
  295         providing effective dates.
  296  
  297  Be It Enacted by the Legislature of the State of Florida:
  298  
  299         Section 1. This act may be cited as the “Marjory Stoneman
  300  Douglas High School Public Safety Act.”
  301         Section 2. The Legislature finds there is a need to
  302  comprehensively address the crisis of gun violence, including
  303  but not limited to, gun violence on school campuses. The
  304  Legislature intends to address this crisis by providing law
  305  enforcement and the courts with the tools to enhance public
  306  safety by temporarily restricting firearm possession by a person
  307  who is undergoing a mental health crisis and when there is
  308  evidence of a threat of violence, and by promoting school safety
  309  and enhanced coordination between education and law enforcement
  310  entities at the state and local level.
  311         Section 3. Paragraph (d) is added to subsection (5) of
  312  section 16.555, Florida Statutes, to read:
  313         16.555 Crime Stoppers Trust Fund; rulemaking.—
  314         (5)
  315         (d)Grants may be awarded to fund student crime watch
  316  programs pursuant to s. 1006.07(3).
  317         Section 4. Paragraph (j) is added to subsection (3) of
  318  section 20.15, Florida Statutes, to read:
  319         20.15 Department of Education.—There is created a
  320  Department of Education.
  321         (3) DIVISIONS.—The following divisions of the Department of
  322  Education are established:
  323         (j) The Office of Safe Schools.
  324         Section 5. Paragraph (k) is added to subsection (1) of
  325  section 30.15, Florida Statutes, to read:
  326         30.15 Powers, duties, and obligations.—
  327         (1) Sheriffs, in their respective counties, in person or by
  328  deputy, shall:
  329         (k) Establish, if the sheriff so chooses, a school marshal
  330  program to aid in the prevention or abatement of active
  331  assailant incidents on school premises. A school marshal has no
  332  authority to act in any law enforcement capacity except to the
  333  extent necessary to prevent or abate an active assailant
  334  incident on a school premises. The sheriff who chooses to
  335  establish the program shall appoint as school marshals, without
  336  the power of arrest, school employees who volunteer and who:
  337         1. Hold a valid license issued under s. 790.06.
  338         2. Complete 132 total hours of comprehensive firearm safety
  339  and proficiency training conducted by Criminal Justice Standards
  340  and Training Commission-certified instructors, which must
  341  include:
  342         a. Eighty hours of firearms instruction based on the
  343  Criminal Justice Standards and Training Commission’s Law
  344  Enforcement Academy training model, which must include at least
  345  10 percent but no more than 20 percent more rounds fired than
  346  associated with academy training. Program participants must
  347  achieve an 85 percent pass rate on the firearms training.
  348         b. Sixteen hours of instruction in precision pistol.
  349         c.Eight hours of discretionary shooting instruction using
  350  state-of-the-art simulator exercises.
  351         d. Eight hours of instruction in active shooter or
  352  assailant scenarios.
  353         e. Eight hours of instruction in defensive tactics.
  354         f. Twelve hours of instruction in legal issues.
  355         3. Pass a psychological evaluation administered by a
  356  psychologist licensed under chapter 490 and designated by the
  357  Department of Law Enforcement and submit the results of the
  358  evaluation to the sheriff’s office. The Department of Law
  359  Enforcement is authorized to provide the sheriff’s office with
  360  mental health and substance abuse data for compliance with this
  361  paragraph.
  362         4. Submit to and pass an initial drug test and subsequent
  363  random drug tests in accordance with the requirements of s.
  364  112.0455 and the sheriff’s office.
  365         5. Successfully complete ongoing training, weapon
  366  inspection, and firearm qualification on at least an annual
  367  basis.
  368         6. Successfully complete at least 12 hours of a certified
  369  nationally recognized diversity training program.
  370  
  371  The sheriff shall issue a school marshal certificate to
  372  individuals who meet the requirements of subparagraph 2. The
  373  sheriff shall maintain documentation of weapon and equipment
  374  inspections, as well as the training, certification, inspection,
  375  and qualification records of each school marshal appointed by
  376  the sheriff.
  377         Section 6. Paragraph (c) of subsection (9) of section
  378  121.091, Florida Statutes, is amended, and paragraph (f) is
  379  added to that subsection to read:
  380         121.091 Benefits payable under the system.—Benefits may not
  381  be paid under this section unless the member has terminated
  382  employment as provided in s. 121.021(39)(a) or begun
  383  participation in the Deferred Retirement Option Program as
  384  provided in subsection (13), and a proper application has been
  385  filed in the manner prescribed by the department. The department
  386  may cancel an application for retirement benefits when the
  387  member or beneficiary fails to timely provide the information
  388  and documents required by this chapter and the department’s
  389  rules. The department shall adopt rules establishing procedures
  390  for application for retirement benefits and for the cancellation
  391  of such application when the required information or documents
  392  are not received.
  393         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  394         (c) Any person whose retirement is effective on or after
  395  July 1, 2010, or whose participation in the Deferred Retirement
  396  Option Program terminates on or after July 1, 2010, who is
  397  retired under this chapter, except under the disability
  398  retirement provisions of subsection (4) or as provided in s.
  399  121.053, may be reemployed by an employer that participates in a
  400  state-administered retirement system and receive retirement
  401  benefits and compensation from that employer. However, a person
  402  may not be reemployed by an employer participating in the
  403  Florida Retirement System before meeting the definition of
  404  termination in s. 121.021 and may not receive both a salary from
  405  the employer and retirement benefits for 6 calendar months after
  406  meeting the definition of termination, except as provided in
  407  paragraph (f). However, a DROP participant shall continue
  408  employment and receive a salary during the period of
  409  participation in the Deferred Retirement Option Program, as
  410  provided in subsection (13).
  411         1. The reemployed retiree may not renew membership in the
  412  Florida Retirement System, except as provided in s. 121.122.
  413         2. The employer shall pay retirement contributions in an
  414  amount equal to the unfunded actuarial liability portion of the
  415  employer contribution that would be required for active members
  416  of the Florida Retirement System in addition to the
  417  contributions required by s. 121.76.
  418         3. A retiree initially reemployed in violation of this
  419  paragraph and an employer that employs or appoints such person
  420  are jointly and severally liable for reimbursement of any
  421  retirement benefits paid to the retirement trust fund from which
  422  the benefits were paid, including the Florida Retirement System
  423  Trust Fund and the Public Employee Optional Retirement Program
  424  Trust Fund, as appropriate. The employer must have a written
  425  statement from the employee that he or she is not retired from a
  426  state-administered retirement system. Retirement benefits shall
  427  remain suspended until repayment is made. Benefits suspended
  428  beyond the end of the retiree’s 6-month reemployment limitation
  429  period shall apply toward the repayment of benefits received in
  430  violation of this paragraph.
  431         (f)A retired law enforcement officer may be reemployed as
  432  a school resource officer by an employer that participates in
  433  the Florida Retirement System and receive compensation from that
  434  employer and retirement benefits after meeting the definition of
  435  termination in s. 121.021, but may not receive both a salary
  436  from the employer and retirement benefits for 6 calendar months
  437  immediately subsequent to the date of retirement. The reemployed
  438  retired law enforcement officer may not renew membership in the
  439  Florida Retirement System, except as provided in s. 121.122.
  440         Section 7. Paragraphs (c) and (d) of subsection (2) of
  441  section 394.463, Florida Statutes, are amended to read:
  442         394.463 Involuntary examination.—
  443         (2) INVOLUNTARY EXAMINATION.—
  444         (c) A law enforcement officer acting in accordance with an
  445  ex parte order issued pursuant to this subsection may:
  446         1. Serve and execute such order on any day of the week, at
  447  any time of the day or night; and
  448         2. Use such reasonable physical force as is necessary to
  449  gain entry to the premises, and any dwellings, buildings, or
  450  other structures located on the premises, and take custody of
  451  the person who is the subject of the ex parte order. When
  452  practicable, a law enforcement officer who has received crisis
  453  intervention team (CIT) training shall be assigned to serve and
  454  execute the ex parte order.
  455         (d)1. A law enforcement officer taking custody of a person
  456  under this subsection may seize and hold a firearm or any
  457  ammunition the person possesses at the time of taking him or her
  458  into custody if the person poses a potential danger to himself
  459  or herself or others and has made a credible threat of violence
  460  against another person.
  461         2.If the law enforcement officer takes custody of the
  462  person at the person’s residence and the criteria in
  463  subparagraph 1. have been met, the law enforcement officer may
  464  seek the voluntary surrender of firearms or ammunition kept in
  465  the residence which have not already been seized under
  466  subparagraph 1. If such firearms or ammunition are not
  467  voluntarily surrendered, or if the person has other firearms or
  468  ammunition that were not seized or voluntarily surrendered when
  469  he or she was taken into custody, a law enforcement officer may
  470  petition the appropriate court under s. 790.401 for a risk
  471  protection order against the person.
  472         3. Firearms or ammunition seized or voluntarily surrendered
  473  under this paragraph must be made available for return no later
  474  than 24 hours after the person taken into custody can document
  475  that he or she is no longer subject to involuntary examination
  476  and has been released or discharged from any inpatient or
  477  involuntary outpatient treatment provided or ordered under
  478  paragraph (g), unless a risk protection order entered under s.
  479  790.401 directs the law enforcement agency to hold the firearms
  480  or ammunition for a longer period or the person is subject to a
  481  firearm purchase disability under s. 790.065(2), or a firearm
  482  possession and firearm ownership disability under s. 790.064.
  483  The process for the actual return of firearms or ammunition
  484  seized or voluntarily surrendered under this paragraph may not
  485  take longer than 7 days.
  486         4. Law enforcement agencies must develop policies and
  487  procedures relating to the seizure, storage, and return of
  488  firearms or ammunition held under this paragraph. A law
  489  enforcement officer acting in accordance with an ex parte order
  490  issued pursuant to this subsection may use such reasonable
  491  physical force as is necessary to gain entry to the premises,
  492  and any dwellings, buildings, or other structures located on the
  493  premises, and to take custody of the person who is the subject
  494  of the ex parte order.
  495         Section 8. Section 394.495, Florida Statutes, is amended to
  496  read:
  497         394.495 Child and adolescent mental health system of care;
  498  programs and services.—
  499         (1) The department shall establish, within available
  500  resources, an array of services to meet the individualized
  501  service and treatment needs of children and adolescents who are
  502  members of the target populations specified in s. 394.493, and
  503  of their families. It is the intent of the Legislature that a
  504  child or adolescent may not be admitted to a state mental health
  505  facility and such a facility may not be included within the
  506  array of services.
  507         (2) The array of services must include assessment services
  508  that provide a professional interpretation of the nature of the
  509  problems of the child or adolescent and his or her family;
  510  family issues that may impact the problems; additional factors
  511  that contribute to the problems; and the assets, strengths, and
  512  resources of the child or adolescent and his or her family. The
  513  assessment services to be provided shall be determined by the
  514  clinical needs of each child or adolescent. Assessment services
  515  include, but are not limited to, evaluation and screening in the
  516  following areas:
  517         (a) Physical and mental health for purposes of identifying
  518  medical and psychiatric problems.
  519         (b) Psychological functioning, as determined through a
  520  battery of psychological tests.
  521         (c) Intelligence and academic achievement.
  522         (d) Social and behavioral functioning.
  523         (e) Family functioning.
  524  
  525  The assessment for academic achievement is the financial
  526  responsibility of the school district. The department shall
  527  cooperate with other state agencies and the school district to
  528  avoid duplicating assessment services.
  529         (3) Assessments must be performed by:
  530         (a) A professional as defined in s. 394.455(5), (7), (32),
  531  (35), or (36);
  532         (b) A professional licensed under chapter 491; or
  533         (c) A person who is under the direct supervision of a
  534  qualified professional as defined in s. 394.455(5), (7), (32),
  535  (35), or (36) or a professional licensed under chapter 491.
  536         (4) The array of services may include, but is not limited
  537  to:
  538         (a) Prevention services.
  539         (b) Home-based services.
  540         (c) School-based services.
  541         (d) Family therapy.
  542         (e) Family support.
  543         (f) Respite services.
  544         (g) Outpatient treatment.
  545         (h) Day treatment.
  546         (i) Crisis stabilization.
  547         (j) Therapeutic foster care.
  548         (k) Residential treatment.
  549         (l) Inpatient hospitalization.
  550         (m) Case management.
  551         (n) Services for victims of sex offenses.
  552         (o) Transitional services.
  553         (p) Trauma-informed services for children who have suffered
  554  sexual exploitation as defined in s. 39.01(71)(g).
  555         (5) In order to enhance collaboration between agencies and
  556  to facilitate the provision of services by the child and
  557  adolescent mental health treatment and support system and the
  558  school district, the local child and adolescent mental health
  559  system of care shall include the local educational multiagency
  560  network for severely emotionally disturbed students specified in
  561  s. 1006.04.
  562         (6)The department shall contract for community action
  563  treatment teams throughout the state with the managing entities.
  564  A community action treatment team shall:
  565         (a)Provide community-based behavioral health and support
  566  services to children from 11 to 13 years of age, adolescents,
  567  and young adults from 18 to 21 years of age with serious
  568  behavioral health conditions who are at risk of out-of-home
  569  placement as demonstrated by:
  570         1.Repeated failures at less intensive levels of care;
  571         2.Two or more behavioral health hospitalizations;
  572         3.Involvement with the Department of Juvenile Justice;
  573         4.A history of multiple episodes involving law
  574  enforcement; or
  575         5.A record of poor academic performance or suspensions.
  576  
  577  Children younger than 11 years of age who otherwise meet the
  578  criteria in this paragraph may be candidates for such services
  579  if they demonstrate two or more of the characteristics listed in
  580  subparagraph 1.-5.
  581         (b)Use an integrated service delivery approach to
  582  comprehensively address the needs of the child, adolescent, or
  583  young adult and strengthen his or her family and support systems
  584  to assist the child, adolescent, or young adult to live
  585  successfully in the community. A community action treatment team
  586  shall address the therapeutic needs of the child, adolescent, or
  587  young adult receiving services and assist parents and caregivers
  588  in obtaining services and support. The community action
  589  treatment team shall make referrals to specialized treatment
  590  providers if necessary, with follow up by the community action
  591  treatment team to ensure services are received.
  592         (c)Focus on engaging the child, adolescent, or young adult
  593  and his or her family as active participants in every phase of
  594  the treatment process. Community action treatment teams shall be
  595  available to the child, adolescent, or young adult and his or
  596  her family at all times.
  597         (d)Coordinate with other key entities providing services
  598  and supports to the child, adolescent, or young adult and his or
  599  her family, including, but not limited to, the child’s,
  600  adolescent’s, or young adult’s school, the local educational
  601  multiagency network for severely emotionally disturbed students
  602  under s. 1006.04, the child welfare system, and the juvenile
  603  justice system. Community action treatment teams shall also
  604  coordinate with the managing entity in their service location.
  605         (e)1.Subject to appropriations and at a minimum,
  606  individually serve each of the following counties or regions:
  607         a.Alachua.
  608         b.Alachua, Columbia, Dixie, Hamilton, Lafayette, and
  609  Suwannee.
  610         c.Bay.
  611         d.Brevard.
  612         e.Collier.
  613         f.DeSoto and Sarasota.
  614         g.Duval.
  615         h.Escambia.
  616         i.Hardee, Highlands, and Polk.
  617         j.Hillsborough.
  618         k.Indian River, Martin, Okeechobee, and St. Lucie.
  619         l.Lake and Sumter.
  620         m.Lee.
  621         n.Manatee.
  622         o.Marion.
  623         p.Miami-Dade.
  624         q.Okaloosa.
  625         r.Orange.
  626         s.Palm Beach.
  627         t.Pasco.
  628         u.Pinellas.
  629         v.Walton.
  630         2.Subject to appropriations, the department shall contract
  631  for additional teams through the managing entities to ensure the
  632  availability of community action treatment team services in the
  633  remaining areas of the state.
  634         Section 9. Section 790.064, Florida Statutes, is created to
  635  read:
  636         790.064 Firearm possession and firearm ownership
  637  disability.
  638         (1) A person who has been adjudicated mentally defective or
  639  who has been committed to a mental institution, as those terms
  640  are defined in s. 790.065(2), may not own a firearm or possess a
  641  firearm until relief from the firearm possession and firearm
  642  ownership disability is obtained.
  643         (2) The firearm possession and firearm ownership disability
  644  runs concurrently with the firearm purchase disability provided
  645  in s. 790.065(2).
  646         (3) A person may petition the court that made the
  647  adjudication or commitment, or that ordered that the record be
  648  submitted to the Department of Law Enforcement pursuant to s.
  649  790.065(2), for relief from the firearm possession and firearm
  650  ownership disability.
  651         (4) The person seeking relief must follow the procedures
  652  set forth in s. 790.065(2) for obtaining relief from the firearm
  653  purchase disability in seeking relief from the firearm
  654  possession and firearm ownership disability.
  655         (5) The person may seek relief from the firearm possession
  656  and firearm ownership disability simultaneously with the relief
  657  being sought from the firearm purchase disability, if such
  658  relief is sought, pursuant to the procedure set forth in s.
  659  790.065(2).
  660         Section 10. Present subsection (13) of section 790.065,
  661  Florida Statutes, is redesignated as subsection (14), and a new
  662  subsection (13) is added to that section, to read:
  663         790.065 Sale and delivery of firearms.—
  664         (13) A person younger than 21 years of age may not purchase
  665  a firearm. The sale or transfer of a firearm to a person younger
  666  than 21 years of age may not be made or facilitated by a
  667  licensed importer, licensed manufacturer, or licensed dealer. A
  668  person who violates this subsection commits a felony of the
  669  third degree, punishable as provided in s. 775.082, s. 775.083,
  670  or s. 775.084. The prohibitions of this subsection do not apply
  671  to the purchase of a rifle or shotgun by a law enforcement
  672  officer or correctional officer, as those terms are defined in
  673  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  674  servicemember as defined in s. 250.01.
  675         Section 11. Section 790.0655, Florida Statutes, is amended
  676  to read:
  677         790.0655 Purchase and delivery of firearms handguns;
  678  mandatory waiting period; exceptions; penalties.—
  679         (1)(a) There shall be A mandatory 3-day waiting period is
  680  imposed between the purchase and delivery of a firearm. The
  681  mandatory waiting period is, which shall be 3 days, excluding
  682  weekends and legal holidays, or expires upon the completion of
  683  the records checks required under s. 790.065, whichever occurs
  684  later between the purchase and the delivery at retail of any
  685  handgun. “Purchase” means the transfer of money or other
  686  valuable consideration to the retailer. “Handgun” means a
  687  firearm capable of being carried and used by one hand, such as a
  688  pistol or revolver. “Retailer” means and includes a licensed
  689  importer, licensed manufacturer, or licensed dealer every person
  690  engaged in the business of making firearm sales at retail or for
  691  distribution, or use, or consumption, or storage to be used or
  692  consumed in this state, as defined in s. 212.02(13).
  693         (b) Records of firearm handgun sales must be available for
  694  inspection by any law enforcement agency, as defined in s.
  695  934.02, during normal business hours.
  696         (2) The 3-day waiting period does shall not apply in the
  697  following circumstances:
  698         (a) When a firearm handgun is being purchased by a holder
  699  of a concealed weapons permit as defined in s. 790.06.
  700         (b) To a trade-in of another firearm handgun.
  701         (c) To the purchase of a rifle or shotgun, upon a person’s
  702  successfully completing a minimum of a 16-hour hunter safety
  703  course and possessing a hunter safety certification card issued
  704  under s. 379.3581. A person who is exempt from the hunter safety
  705  course requirements under s. 379.3581 and holds a valid Florida
  706  hunting license, is exempt from the mandatory waiting period
  707  under this section for the purchase of a rifle or shotgun.
  708         (d) When a rifle or shotgun is being purchased by a law
  709  enforcement officer or correctional officer, as those terms are
  710  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  711  servicemember as defined in s. 250.01.
  712         (3) It is a felony of the third degree, punishable as
  713  provided in s. 775.082, s. 775.083, or s. 775.084:
  714         (a) For any retailer, or any employee or agent of a
  715  retailer, to deliver a firearm handgun before the expiration of
  716  the 3-day waiting period, subject to the exceptions provided in
  717  subsection (2).
  718         (b) For a purchaser to obtain delivery of a firearm handgun
  719  by fraud, false pretense, or false representation.
  720         Section 12. Effective October 1, 2018, section 790.222,
  721  Florida Statutes, is created to read:
  722         790.222Bump-fire stocks prohibited.—A person may not
  723  import into this state or transfer, distribute, sell, keep for
  724  sale, offer for sale, possess, or give to another person a bump
  725  fire stock. A person who violates this section commits a felony
  726  of the third degree, punishable as provided in s. 775.082, s.
  727  775.083, or s. 775.084. As used in this section, the term “bump
  728  fire stock” means a conversion kit, a tool, an accessory, or a
  729  device used to alter the rate of fire of a firearm to mimic
  730  automatic weapon fire or which is used to increase the rate of
  731  fire to a faster rate than is possible for a person to fire such
  732  semiautomatic firearm unassisted by a kit, a tool, an accessory,
  733  or a device.
  734         Section 13. (1)Section 790.401, Florida Statutes, is
  735  intended to temporarily prevent individuals who are at high risk
  736  of harming themselves or others from accessing firearms or
  737  ammunition by allowing law enforcement officers to obtain a
  738  court order when there is demonstrated evidence that a person
  739  poses a significant danger to himself or herself or others,
  740  including significant danger as a result of a mental health
  741  crisis or violent behavior.
  742         (2)The purpose and intent of s. 790.401, Florida Statutes,
  743  is to reduce deaths and injuries as a result of certain
  744  individuals’ use of firearms while respecting constitutional
  745  rights by providing a judicial procedure for law enforcement
  746  officers to obtain a court order temporarily restricting a
  747  person’s access to firearms and ammunition. The process
  748  established by s. 790.401, Florida Statutes, is intended to
  749  apply only to situations in which the person poses a significant
  750  danger of harming himself or herself or others by possessing a
  751  firearm or ammunition and to include standards and safeguards to
  752  protect the rights of respondents and due process of law.
  753         Section 14. Section 790.401, Florida Statutes, may be cited
  754  as “The Risk Protection Order Act.”
  755         Section 15. Section 790.401, Florida Statutes, is created
  756  to read:
  757         790.401 Risk protection orders.—
  758         (1)DEFINITIONS.—As used in this section, the term:
  759         (a)“Petitioner” means a law enforcement officer or a law
  760  enforcement agency that petitions a court for a risk protection
  761  order under this section.
  762         (b)“Respondent” means the individual who is identified as
  763  the respondent in a petition filed under this section.
  764         (c)“Risk protection order” means a temporary ex parte
  765  order or a final order granted under this section.
  766         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
  767  an action known as a petition for a risk protection order.
  768         (a)A petition for a risk protection order may be filed by
  769  a law enforcement officer or law enforcement agency.
  770         (b)An action under this section must be filed in the
  771  county where the petitioner’s law enforcement office is located
  772  or the county where the respondent resides.
  773         (c) Such petition for a risk protection order does not
  774  require either party to be represented by an attorney.
  775         (d) Notwithstanding any other law, attorney fees may not be
  776  awarded in any proceeding under this section.
  777         (e)A petition must:
  778         1.Allege that the respondent poses a significant danger of
  779  causing personal injury to himself or herself or others by
  780  having a firearm or any ammunition in his or her custody or
  781  control or by purchasing, possessing, or receiving a firearm or
  782  any ammunition, and must be accompanied by an affidavit made
  783  under oath stating the specific statements, actions, or facts
  784  that give rise to a reasonable fear of significant dangerous
  785  acts by the respondent;
  786         2.Identify the quantities, types, and locations of all
  787  firearms and ammunition the petitioner believes to be in the
  788  respondent’s current ownership, possession, custody, or control;
  789  and
  790         3.Identify whether there is a known existing protection
  791  order governing the respondent under s. 741.30, s. 784.046, or
  792  s. 784.0485 or under any other applicable statute.
  793         (f)The petitioner must make a good faith effort to provide
  794  notice to a family or household member of the respondent and to
  795  any known third party who may be at risk of violence. The notice
  796  must state that the petitioner intends to petition the court for
  797  a risk protection order or has already done so and must include
  798  referrals to appropriate resources, including mental health,
  799  domestic violence, and counseling resources. The petitioner must
  800  attest in the petition to having provided such notice or must
  801  attest to the steps that will be taken to provide such notice.
  802         (g)The petitioner must list the address of record on the
  803  petition as being where the appropriate law enforcement agency
  804  is located.
  805         (h)A court or a public agency may not charge fees for
  806  filing or for service of process to a petitioner seeking relief
  807  under this section and must provide the necessary number of
  808  certified copies, forms, and instructional brochures free of
  809  charge.
  810         (i)A person is not required to post a bond to obtain
  811  relief in any proceeding under this section.
  812         (j)The circuit courts of this state have jurisdiction over
  813  proceedings under this section.
  814         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  815         (a)Upon receipt of a petition, the court must order a
  816  hearing to be held no later than 14 days after the date of the
  817  order and must issue a notice of hearing to the respondent for
  818  the same.
  819         1.The clerk of the court shall cause a copy of the notice
  820  of hearing and petition to be forwarded on or before the next
  821  business day to the appropriate law enforcement agency for
  822  service upon the respondent as provided in subsection (5).
  823         2.The court may, as provided in subsection (4), issue a
  824  temporary ex parte risk protection order pending the hearing
  825  ordered under this subsection. Such temporary ex parte order
  826  must be served concurrently with the notice of hearing and
  827  petition as provided in subsection (5).
  828         3.The court may conduct a hearing by telephone pursuant to
  829  a local court rule to reasonably accommodate a disability or
  830  exceptional circumstances. The court must receive assurances of
  831  the petitioner’s identity before conducting a telephonic
  832  hearing.
  833         (b)Upon notice and a hearing on the matter, if the court
  834  finds by clear and convincing evidence that the respondent poses
  835  a significant danger of causing personal injury to himself or
  836  herself or others by having in his or her custody or control, or
  837  by purchasing, possessing, or receiving, a firearm or any
  838  ammunition, the court must issue a risk protection order for a
  839  period that it deems appropriate, up to and including but not
  840  exceeding 12 months.
  841         (c)In determining whether grounds for a risk protection
  842  order exist, the court may consider any relevant evidence,
  843  including, but not limited to, any of the following:
  844         1.A recent act or threat of violence by the respondent
  845  against himself or herself or others, whether or not such
  846  violence or threat of violence involves a firearm.
  847         2.An act or threat of violence by the respondent within
  848  the past 12 months, including, but not limited to, acts or
  849  threats of violence by the respondent against himself or herself
  850  or others.
  851         3.Evidence of the respondent being seriously mentally ill
  852  or having recurring mental health issues.
  853         4.A violation by the respondent of a risk protection order
  854  or a no contact order issued under s. 741.30, s. 784.046, or s.
  855  784.0485.
  856         5.A previous or existing risk protection order issued
  857  against the respondent.
  858         6.A violation of a previous or existing risk protection
  859  order issued against the respondent.
  860         7.Whether the respondent, in this state or any other
  861  state, has been convicted of, had adjudication withheld on, or
  862  pled nolo contendere to a crime that constitutes domestic
  863  violence as defined in s. 741.28.
  864         8.The respondent’s ownership of, access to, or intent to
  865  possess firearms or ammunition.
  866         9.The unlawful or reckless use, display, or brandishing of
  867  a firearm by the respondent.
  868         10.The recurring use of, or threat to use, physical force
  869  by the respondent against another person or the respondent
  870  stalking another person.
  871         11.Whether the respondent, in this state or any other
  872  state, has been arrested for, convicted of, had adjudication
  873  withheld on, or pled nolo contendere to a crime involving
  874  violence or a threat of violence.
  875         12.Corroborated evidence of the abuse of controlled
  876  substances or alcohol by the respondent.
  877         13.Evidence of recent acquisition of firearms or
  878  ammunition by the respondent.
  879         14. Any relevant information from family and household
  880  members concerning the respondent.
  881         15. Witness testimony, taken while the witness is under
  882  oath, relating to the matter before the court.
  883         (d)A person, including an officer of the court, who offers
  884  evidence or recommendations relating to the cause of action
  885  either must present the evidence or recommendations in writing
  886  to the court with copies to each party and his or her attorney,
  887  if one is retained, or must present the evidence under oath at a
  888  hearing at which all parties are present.
  889         (e)In a hearing under this section, the rules of evidence
  890  apply to the same extent as in a domestic violence injunction
  891  proceeding under s. 741.30.
  892         (f)During the hearing, the court must consider whether a
  893  mental health evaluation or chemical dependency evaluation is
  894  appropriate and, if such determination is made, may order such
  895  evaluations, if appropriate.
  896         (g)A risk protection order must include all of the
  897  following:
  898         1.A statement of the grounds supporting the issuance of
  899  the order;
  900         2.The date the order was issued;
  901         3.The date the order ends;
  902         4.Whether a mental health evaluation or chemical
  903  dependency evaluation of the respondent is required;
  904         5.The address of the court in which any responsive
  905  pleading should be filed;
  906         6.A description of the requirements for the surrender of
  907  all firearms and ammunition that the respondent owns, under
  908  subsection (7); and
  909         7.The following statement:
  910  
  911  “To the subject of this protection order: This order will last
  912  until the date noted above. If you have not done so already, you
  913  must surrender immediately to the (insert name of local law
  914  enforcement agency) all firearms and ammunition that you own in
  915  your custody, control, or possession and any license to carry a
  916  concealed weapon or firearm issued to you under s. 790.06,
  917  Florida Statutes. You may not have in your custody or control,
  918  or purchase, possess, receive, or attempt to purchase or
  919  receive, a firearm or ammunition while this order is in effect.
  920  You have the right to request one hearing to vacate this order,
  921  starting after the date of the issuance of this order, and to
  922  request another hearing after every extension of the order, if
  923  any. You may seek the advice of an attorney as to any matter
  924  connected with this order.”
  925  
  926         (h)If the court issues a risk protection order, the court
  927  must inform the respondent that he or she is entitled to request
  928  a hearing to vacate the order in the manner provided by
  929  subsection (6). The court shall provide the respondent with a
  930  form to request a hearing to vacate.
  931         (i)If the court denies the petitioner’s request for a risk
  932  protection order, the court must state the particular reasons
  933  for the denial.
  934         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  935         (a) A petitioner may request that a temporary ex parte risk
  936  protection order be issued before a hearing for a risk
  937  protection order, without notice to the respondent, by including
  938  in the petition detailed allegations based on personal knowledge
  939  that the respondent poses a significant danger of causing
  940  personal injury to himself or herself or others in the near
  941  future by having in his or her custody or control, or by
  942  purchasing, possessing, or receiving, a firearm or ammunition.
  943         (b)In considering whether to issue a temporary ex parte
  944  risk protection order under this section, the court shall
  945  consider all relevant evidence, including the evidence described
  946  in paragraph (3)(c).
  947         (c)If a court finds there is reasonable cause to believe
  948  that the respondent poses a significant danger of causing
  949  personal injury to himself or herself or others in the near
  950  future by having in his or her custody or control, or by
  951  purchasing, possessing, or receiving, a firearm or ammunition,
  952  the court must issue a temporary ex parte risk protection order.
  953         (d)The court must hold a temporary ex parte risk
  954  protection order hearing in person or by telephone on the day
  955  the petition is filed or on the business day immediately
  956  following the day the petition is filed.
  957         (e)A temporary ex parte risk protection order must include
  958  all of the following:
  959         1.A statement of the grounds asserted for the order;
  960         2.The date the order was issued;
  961         3.The address of the court in which any responsive
  962  pleading may be filed;
  963         4.The date and time of the scheduled hearing;
  964         5.A description of the requirements for the surrender of
  965  all firearms and ammunition that the respondent owns, under
  966  subsection (7); and
  967         6.The following statement:
  968  
  969  “To the subject of this protection order: This order is valid
  970  until the date noted above. You are required to surrender all
  971  firearms and ammunition that you own in your custody, control,
  972  or possession. You may not have in your custody or control, or
  973  purchase, possess, receive, or attempt to purchase or receive, a
  974  firearm or ammunition while this order is in effect. You must
  975  surrender immediately to the (insert name of local law
  976  enforcement agency) all firearms and ammunition in your custody,
  977  control, or possession and any license to carry a concealed
  978  weapon or firearm issued to you under s. 790.06, Florida
  979  Statutes. A hearing will be held on the date and at the time
  980  noted above to determine if a risk protection order should be
  981  issued. Failure to appear at that hearing may result in a court
  982  issuing an order against you which is valid for 1 year. You may
  983  seek the advice of an attorney as to any matter connected with
  984  this order.”
  985  
  986         (f)A temporary ex parte risk protection order ends upon
  987  the hearing on the risk protection order.
  988         (g)A temporary ex parte risk protection order must be
  989  served by a law enforcement officer in the same manner as
  990  provided for in subsection (5) for service of the notice of
  991  hearing and petition and must be served concurrently with the
  992  notice of hearing and petition.
  993         (h)If the court denies the petitioner’s request for a
  994  temporary ex parte risk protection order, the court must state
  995  the particular reasons for the denial.
  996         (5) SERVICE.—
  997         (a) The clerk of the court shall furnish a copy of the
  998  notice of hearing, petition, and temporary ex parte risk
  999  protection order or risk protection order, as applicable, to the
 1000  sheriff of the county where the respondent resides or can be
 1001  found, who shall serve it upon the respondent as soon thereafter
 1002  as possible on any day of the week and at any time of the day or
 1003  night. When requested by the sheriff, the clerk of the court may
 1004  transmit a facsimile copy of a temporary ex parte risk
 1005  protection order or a risk protection order that has been
 1006  certified by the clerk of the court, and this facsimile copy may
 1007  be served in the same manner as a certified copy. Upon receiving
 1008  a facsimile copy, the sheriff must verify receipt with the
 1009  sender before attempting to serve it upon the respondent. The
 1010  clerk of the court shall be responsible for furnishing to the
 1011  sheriff information on the respondent’s physical description and
 1012  location. Notwithstanding any other provision of law to the
 1013  contrary, the chief judge of each circuit, in consultation with
 1014  the appropriate sheriff, may authorize a law enforcement agency
 1015  within the jurisdiction to effect service. A law enforcement
 1016  agency effecting service pursuant to this section shall use
 1017  service and verification procedures consistent with those of the
 1018  sheriff. Service under this section takes precedence over the
 1019  service of other documents, unless the other documents are of a
 1020  similar emergency nature.
 1021         (b) All orders issued, changed, continued, extended, or
 1022  vacated after the original service of documents specified in
 1023  paragraph (a) must be certified by the clerk of the court and
 1024  delivered to the parties at the time of the entry of the order.
 1025  The parties may acknowledge receipt of such order in writing on
 1026  the face of the original order. If a party fails or refuses to
 1027  acknowledge the receipt of a certified copy of an order, the
 1028  clerk shall note on the original order that service was
 1029  effected. If delivery at the hearing is not possible, the clerk
 1030  shall mail certified copies of the order to the parties at the
 1031  last known address of each party. Service by mail is complete
 1032  upon mailing. When an order is served pursuant to this
 1033  subsection, the clerk shall prepare a written certification to
 1034  be placed in the court file specifying the time, date, and
 1035  method of service and shall notify the sheriff.
 1036         (6)TERMINATION AND EXTENSION OF ORDERS.—
 1037         (a)The respondent may submit one written request for a
 1038  hearing to vacate a risk protection order issued under this
 1039  section, starting after the date of the issuance of the order,
 1040  and may request another hearing after every extension of the
 1041  order, if any.
 1042         1.Upon receipt of the request for a hearing to vacate a
 1043  risk protection order, the court shall set a date for a hearing.
 1044  Notice of the request must be served on the petitioner in
 1045  accordance with subsection (5). The hearing must occur no sooner
 1046  than 14 days and no later than 30 days after the date of service
 1047  of the request upon the petitioner.
 1048         2.The respondent shall have the burden of proving by clear
 1049  and convincing evidence that the respondent does not pose a
 1050  significant danger of causing personal injury to himself or
 1051  herself or others by having in his or her custody or control,
 1052  purchasing, possessing, or receiving a firearm or ammunition.
 1053  The court may consider any relevant evidence, including evidence
 1054  of the considerations listed in paragraph (3)(c).
 1055         3.If the court finds after the hearing that the respondent
 1056  has met his or her burden of proof, the court must vacate the
 1057  order.
 1058         4. The law enforcement agency holding any firearm or
 1059  ammunition or license to carry a concealed weapon or firearm
 1060  that has been surrendered pursuant to this section shall be
 1061  notified of the court order to vacate the risk protection order.
 1062         (b)The court must notify the petitioner of the impending
 1063  end of a risk protection order. Notice must be received by the
 1064  petitioner at least 30 days before the date the order ends.
 1065         (c)The petitioner may, by motion, request an extension of
 1066  a risk protection order at any time within 30 days before the
 1067  end of the order.
 1068         1.Upon receipt of the motion to extend, the court shall
 1069  order that a hearing be held no later than 14 days after the
 1070  date the order is issued and shall schedule such hearing.
 1071         a. The court may schedule a hearing by telephone in the
 1072  manner provided by subparagraph (3)(a)3.
 1073         b. The respondent must be personally serviced in the same
 1074  manner provided by subsection (5).
 1075         2.In determining whether to extend a risk protection order
 1076  issued under this section, the court may consider all relevant
 1077  evidence, including evidence of the considerations listed in
 1078  paragraph (3)(c).
 1079         3.If the court finds by clear and convincing evidence that
 1080  the requirements for issuance of a risk protection order as
 1081  provided in subsection (3) continue to be met, the court must
 1082  extend the order. However, if, after notice, the motion for
 1083  extension is uncontested and no modification of the order is
 1084  sought, the order may be extended on the basis of a motion or
 1085  affidavit stating that there has been no material change in
 1086  relevant circumstances since entry of the order and stating the
 1087  reason for the requested extension.
 1088         4.The court may extend a risk protection order for a
 1089  period that it deems appropriate, up to and including but not
 1090  exceeding 12 months, subject to an order to vacate as provided
 1091  in paragraph (a) or to another extension order by the court.
 1092         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
 1093         (a)Upon issuance of a risk protection order under this
 1094  section, including a temporary ex parte risk protection order,
 1095  the court shall order the respondent to surrender to the local
 1096  law enforcement agency all firearms and ammunition owned by the
 1097  respondent in the respondent’s custody, control, or possession
 1098  except as provided in subsection (9), and any license to carry a
 1099  concealed weapon or firearm issued under s. 790.06, held by the
 1100  respondent.
 1101         (b)The law enforcement officer serving a risk protection
 1102  order under this section, including a temporary ex parte risk
 1103  protection order, shall request that the respondent immediately
 1104  surrender all firearms and ammunition owned by the respondent in
 1105  his or her custody, control, or possession and any license to
 1106  carry a concealed weapon or firearm issued under s. 790.06, held
 1107  by the respondent. The law enforcement officer shall take
 1108  possession of all firearms and ammunition owned by the
 1109  respondent and any license to carry a concealed weapon or
 1110  firearm issued under s. 790.06, held by the respondent, which
 1111  are surrendered. Alternatively, if personal service by a law
 1112  enforcement officer is not possible or is not required because
 1113  the respondent was present at the risk protection order hearing,
 1114  the respondent must surrender any firearms and ammunition owned
 1115  by the respondent and any license to carry a concealed weapon or
 1116  firearm issued under s. 790.06, held by the respondent, in a
 1117  safe manner to the control of the local law enforcement agency
 1118  immediately after being served with the order by service or
 1119  immediately after the hearing at which the respondent was
 1120  present. Notwithstanding ss. 933.02 and 933.18, a law
 1121  enforcement officer may seek a search warrant from a court of
 1122  competent jurisdiction to conduct a search for firearms or
 1123  ammunition owned by the respondent if the officer has probable
 1124  cause to believe that there are firearms or ammunition owned by
 1125  the respondent in the respondent’s custody, control, or
 1126  possession which have not been surrendered.
 1127         (c)At the time of surrender, a law enforcement officer
 1128  taking possession of any firearm or ammunition owned by the
 1129  respondent, or a license to carry a concealed weapon or firearm
 1130  issued under s. 790.06, held by the respondent shall issue a
 1131  receipt identifying all firearms and the quantity and type of
 1132  ammunition that have been surrendered, and any license
 1133  surrendered and shall provide a copy of the receipt to the
 1134  respondent. Within 72 hours after service of the order, the law
 1135  enforcement officer serving the order shall file the original
 1136  receipt with the court and shall ensure that his or her law
 1137  enforcement agency retains a copy of the receipt.
 1138         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
 1139  statement or testimony of any person alleging that the
 1140  respondent has failed to comply with the surrender of firearms
 1141  or ammunition owned by the respondent, as required by an order
 1142  issued under this section, the court shall determine whether
 1143  probable cause exists to believe that the respondent has failed
 1144  to surrender all firearms or ammunition owned by the respondent
 1145  in the respondent’s custody, control, or possession. If the
 1146  court finds that probable cause exists, the court must issue a
 1147  warrant describing the firearms or ammunition owned by the
 1148  respondent and authorizing a search of the locations where the
 1149  firearms or ammunition owned by the respondent are reasonably
 1150  believed to be found and the seizure of any firearms or
 1151  ammunition owned by the respondent discovered pursuant to such
 1152  search.
 1153         (e)If a person other than the respondent claims title to
 1154  any firearms or ammunition surrendered pursuant to this section
 1155  and he or she is determined by the law enforcement agency to be
 1156  the lawful owner of the firearm or ammunition, the firearm or
 1157  ammunition shall be returned to him or her, if:
 1158         1.The lawful owner agrees to store the firearm or
 1159  ammunition in a manner such that the respondent does not have
 1160  access to or control of the firearm or ammunition.
 1161         2.The firearm or ammunition is not otherwise unlawfully
 1162  possessed by the owner.
 1163         (f)Upon the issuance of a risk protection order, the court
 1164  shall order a new hearing date and require the respondent to
 1165  appear no later than 3 business days after the issuance of the
 1166  order. The court shall require proof that the respondent has
 1167  surrendered any firearms or ammunition owned by the respondent
 1168  in the respondent’s custody, control, or possession. The court
 1169  may cancel the hearing upon a satisfactory showing that the
 1170  respondent is in compliance with the order.
 1171         (g)All law enforcement agencies must develop policies and
 1172  procedures regarding the acceptance, storage, and return of
 1173  firearms, ammunition, or licenses required to be surrendered
 1174  under this section.
 1175         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
 1176         (a)If a risk protection order is vacated or ends without
 1177  extension, a law enforcement agency holding a firearm or any
 1178  ammunition owned by the respondent or a license to carry a
 1179  concealed weapon or firearm issued under s. 790.06, held by the
 1180  respondent, that has been surrendered or seized pursuant to this
 1181  section must return such surrendered firearm, ammunition, or
 1182  license to carry a concealed weapon or firearm issued under s.
 1183  790.06, as requested by a respondent only after confirming
 1184  through a background check that the respondent is currently
 1185  eligible to own or possess firearms and ammunition under federal
 1186  and state law and after confirming with the court that the risk
 1187  protection order has been vacated or has ended without
 1188  extension.
 1189         (b) If a risk protection order is vacated or ends without
 1190  extension, the Department of Agriculture and Consumer Services,
 1191  if it has suspended a license to carry a concealed weapon or
 1192  firearm pursuant to this section, must reinstate such license
 1193  only after confirming that the respondent is currently eligible
 1194  to have a license to carry a concealed weapon or firearm
 1195  pursuant to s. 790.06.
 1196         (c)A law enforcement agency must provide notice to any
 1197  family or household members of the respondent before the return
 1198  of any surrendered firearm and ammunition owned by the
 1199  respondent.
 1200         (d)Any firearm and ammunition surrendered by a respondent
 1201  pursuant to subsection (7) which remains unclaimed for 1 year by
 1202  the lawful owner after an order to vacate the risk protection
 1203  order shall be disposed of in accordance with the law
 1204  enforcement agency’s policies and procedures for the disposal of
 1205  firearms in police custody.
 1206         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
 1207  elect to transfer all firearms and ammunition owned by the
 1208  respondent that have been surrendered to or seized by a local
 1209  law enforcement agency pursuant to subsection (7) to another
 1210  person who is willing to receive the respondent’s firearms and
 1211  ammunition. The law enforcement agency must allow such a
 1212  transfer only if it is determined that the chosen recipient:
 1213         (a) Currently is eligible to own or possess a firearm and
 1214  ammunition under federal and state law after confirmation
 1215  through a background check;
 1216         (b) Attests to storing the firearms and ammunition in a
 1217  manner such that the respondent does not have access to or
 1218  control of the firearms and ammunition until the risk protection
 1219  order against the respondent is vacated or ends without
 1220  extension; and
 1221         (c) Attests not to transfer the firearms or ammunition back
 1222  to the respondent until the risk protection order against the
 1223  respondent is vacated or ends without extension.
 1224         (10) REPORTING OF ORDERS.—
 1225         (a) Within 24 hours after issuance, the clerk of the court
 1226  shall enter any risk protection order or temporary ex parte risk
 1227  protection order issued under this section into the uniform case
 1228  reporting system.
 1229         (b)Within 24 hours after issuance, the clerk of the court
 1230  shall forward a copy of an order issued under this section to
 1231  the appropriate law enforcement agency specified in the order.
 1232  Upon receipt of the copy of the order, the law enforcement
 1233  agency shall enter the order into the Florida Crime Information
 1234  Center and National Crime Information Center. The order must
 1235  remain in each system for the period stated in the order, and
 1236  the law enforcement agency may only remove an order from the
 1237  systems which has ended or been vacated. Entry of the order into
 1238  the Florida Crime Information Center and National Crime
 1239  Information Center constitutes notice to all law enforcement
 1240  agencies of the existence of the order. The order is fully
 1241  enforceable in any county in this state.
 1242         (c)The issuing court shall, within 3 business days after
 1243  issuance of a risk protection order or temporary ex parte risk
 1244  protection order, forward all available identifying information
 1245  concerning the respondent, along with the date of order
 1246  issuance, to the Department of Agriculture and Consumer
 1247  Services. Upon receipt of the information, the department shall
 1248  determine if the respondent has a license to carry a concealed
 1249  weapon or firearm. If the respondent does have a license to
 1250  carry a concealed weapon or firearm, the department must
 1251  immediately suspend the license.
 1252         (d)If a risk protection order is vacated before its end
 1253  date, the clerk of the court shall, on the day of the order to
 1254  vacate, forward a copy of the order to the Department of
 1255  Agriculture and Consumer Services and the appropriate law
 1256  enforcement agency specified in the order to vacate. Upon
 1257  receipt of the order, the law enforcement agency shall promptly
 1258  remove the order from any computer-based system in which it was
 1259  entered pursuant to paragraph (b).
 1260         (11)PENALTIES.—
 1261         (a)A person who makes a false statement, which he or she
 1262  does not believe to be true, under oath in a hearing under this
 1263  section in regard to any material matter commits a felony of the
 1264  third degree, punishable as provided in s. 775.082, s. 775.083,
 1265  or s. 775.084.
 1266         (b) A person who has in his or her custody or control a
 1267  firearm or any ammunition or who purchases, possesses, or
 1268  receives a firearm or any ammunition with knowledge that he or
 1269  she is prohibited from doing so by an order issued under this
 1270  section commits a felony of the third degree, punishable as
 1271  provided in s. 775.082, s. 775.083, or s. 775.084.
 1272         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
 1273  does not affect the ability of a law enforcement officer to
 1274  remove a firearm or ammunition or license to carry a concealed
 1275  weapon or concealed firearm from any person or to conduct any
 1276  search and seizure for firearms or ammunition pursuant to other
 1277  lawful authority.
 1278         (13)LIABILITY.—Except as provided in subsection (8) or
 1279  subsection (11), this section does not impose criminal or civil
 1280  liability on any person or entity for acts or omissions related
 1281  to obtaining a risk protection order or temporary ex parte risk
 1282  protection order, including, but not limited to, providing
 1283  notice to the petitioner, a family or household member of the
 1284  respondent, and any known third party who may be at risk of
 1285  violence or failure to provide such notice, or reporting,
 1286  declining to report, investigating, declining to investigate,
 1287  filing, or declining to file, a petition under this section.
 1288         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
 1289         (a)The Office of the State Courts Administrator shall
 1290  develop and prepare instructions and informational brochures,
 1291  standard petitions and risk protection order forms, and a court
 1292  staff handbook on the risk protection order process. The
 1293  standard petition and order forms must be used after January 1,
 1294  2019, for all petitions filed and orders issued pursuant to this
 1295  section. The office shall determine the significant non-English
 1296  speaking or limited English-speaking populations in the state
 1297  and prepare the instructions and informational brochures and
 1298  standard petitions and risk protection order forms in such
 1299  languages. The instructions, brochures, forms, and handbook must
 1300  be prepared in consultation with interested persons, including
 1301  representatives of gun violence prevention groups, judges, and
 1302  law enforcement personnel. Materials must be based on best
 1303  practices and must be available online to the public.
 1304         1.The instructions must be designed to assist petitioners
 1305  in completing the petition and must include a sample of a
 1306  standard petition and order for protection forms.
 1307         2.The instructions and standard petition must include a
 1308  means for the petitioner to identify, with only layman’s
 1309  knowledge, the firearms or ammunition the respondent may own,
 1310  possess, receive, or have in his or her custody or control. The
 1311  instructions must provide pictures of types of firearms and
 1312  ammunition that the petitioner may choose from to identify the
 1313  relevant firearms or ammunition, or must provide an equivalent
 1314  means to allow petitioners to identify firearms or ammunition
 1315  without requiring specific or technical knowledge regarding the
 1316  firearms or ammunition.
 1317         3.The informational brochure must describe the use of and
 1318  the process for obtaining, extending, and vacating a risk
 1319  protection order under this section and must provide relevant
 1320  forms.
 1321         4.The risk protection order form must include, in a
 1322  conspicuous location, notice of criminal penalties resulting
 1323  from violation of the order and the following statement: “You
 1324  have the sole responsibility to avoid or refrain from violating
 1325  this order’s provisions. Only the court can change the order and
 1326  only upon written request.”
 1327         5.The court staff handbook must allow for the addition of
 1328  a community resource list by the clerk of the court.
 1329         (b)Any clerk of court may create a community resource list
 1330  of crisis intervention, mental health, substance abuse,
 1331  interpreter, counseling, and other relevant resources serving
 1332  the county in which the court is located. The court may make the
 1333  community resource list available as part of or in addition to
 1334  the informational brochures described in paragraph (a).
 1335         (c)The Office of the State Courts Administrator shall
 1336  distribute a master copy of the petition and order forms,
 1337  instructions, and informational brochures to the clerks of
 1338  court. Distribution of all documents shall, at a minimum, be in
 1339  an electronic format or formats accessible to all courts and
 1340  clerks of court in the state.
 1341         (d)Within 90 days after receipt of the master copy from
 1342  the Office of the State Courts Administrator, the clerk of the
 1343  court shall make available the standardized forms, instructions,
 1344  and informational brochures required by this subsection.
 1345         (e)The Office of the State Courts Administrator shall
 1346  update the instructions, brochures, standard petition and risk
 1347  protection order forms, and court staff handbook as necessary,
 1348  including when changes in the law make an update necessary.
 1349         Section 16. Section 836.10, Florida Statutes, is amended to
 1350  read:
 1351         836.10 Written threats to kill, or do bodily injury, or
 1352  conduct a mass shooting or an act of terrorism; punishment.—Any
 1353  person who writes or composes and also sends or procures the
 1354  sending of any letter, inscribed communication, or electronic
 1355  communication, whether such letter or communication be signed or
 1356  anonymous, to any person, containing a threat to kill or to do
 1357  bodily injury to the person to whom such letter or communication
 1358  is sent, or a threat to kill or do bodily injury to any member
 1359  of the family of the person to whom such letter or communication
 1360  is sent, or any person who makes, posts, or transmits a threat
 1361  in a writing or other record, including an electronic record, to
 1362  conduct a mass shooting or an act of terrorism, in any manner
 1363  that would allow another person to view the threat, commits a
 1364  felony of the second degree, punishable as provided in s.
 1365  775.082, s. 775.083, or s. 775.084.
 1366         Section 17. Paragraph (f) of subsection (3) of section
 1367  921.0022, Florida Statutes, is amended to read:
 1368         921.0022 Criminal Punishment Code; offense severity ranking
 1369  chart.—
 1370         (3) OFFENSE SEVERITY RANKING CHART
 1371         (f) LEVEL 6
 1372  
 1373  FloridaStatute              FelonyDegree        Description        
 1374  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1375  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1376  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 1377  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 1378  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1379  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1380  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1381  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1382  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1383  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1384  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1385  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1386  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1387  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1388  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1389  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1390  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1391  784.083(2)                       2nd     Aggravated assault on code inspector.
 1392  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1393  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1394  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1395  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 1396  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1397  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1398  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1399  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 1400  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1401  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1402  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1403  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1404  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1405  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1406  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
 1407  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1408  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1409  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1410  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 1411  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1412  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1413  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1414  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1415  827.03(2)(c)                     3rd     Abuse of a child.         
 1416  827.03(2)(d)                     3rd     Neglect of a child.       
 1417  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1418  836.05                           2nd     Threats; extortion.       
 1419  836.10                           2nd     Written threats to kill, or do bodily injury, or conduct a mass shooting or an act of terrorism.
 1420  843.12                           3rd     Aids or assists person to escape.
 1421  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1422  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1423  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1424  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1425  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 1426  944.40                           2nd     Escapes.                  
 1427  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1428  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1429  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1430  
 1431  
 1432         Section 18. Section 943.082, Florida Statutes, is created
 1433  to read:
 1434         943.082School Safety Awareness Program.—
 1435         (1)In collaboration with the Department of Legal Affairs,
 1436  the department shall competitively procure a mobile suspicious
 1437  activity reporting tool that allows students and the community
 1438  to relay information anonymously concerning unsafe, potentially
 1439  harmful, dangerous, violent, or criminal activities, or the
 1440  threat of these activities, to appropriate public safety
 1441  agencies and school officials. As recommended by students of
 1442  Marjory Stoneman Douglas High School, the program shall be named
 1443  “FortifyFL.” At a minimum, the department must receive reports
 1444  electronically through the mobile suspicious activity reporting
 1445  tool that is available on both Android and Apple devices.
 1446         (2)The reporting tool must notify the reporting party of
 1447  the following information:
 1448         (a)That the reporting party may provide his or her report
 1449  anonymously.
 1450         (b)That if the reporting party chooses to disclose his or
 1451  her identity, that information shall be shared with the
 1452  appropriate law enforcement agency and school officials;
 1453  however, the law enforcement agency and school officials shall
 1454  be required to maintain the information as confidential.
 1455         (3)Information reported using the tool must be promptly
 1456  forwarded to the appropriate law enforcement agency or school
 1457  official.
 1458         (4)Law enforcement dispatch centers, school districts,
 1459  schools, and other entities identified by the department shall
 1460  be made aware of the mobile suspicious activity reporting tool.
 1461         (5)The department, in collaboration with the Division of
 1462  Victims Services within the Office of the Attorney General and
 1463  the Office of Safe Schools within the Department of Education,
 1464  shall develop and provide a comprehensive training and awareness
 1465  program on the use of the mobile suspicious activity reporting
 1466  tool.
 1467         Section 19. Section 943.687, Florida Statutes, is created
 1468  to read:
 1469         943.687Marjory Stoneman Douglas High School Public Safety
 1470  Commission.—
 1471         (1) There is created within the Department of Law
 1472  Enforcement the Marjory Stoneman Douglas High School Public
 1473  Safety Commission, a commission as defined in s. 20.03.
 1474         (2)(a)The commission shall convene no later than June 1,
 1475  2018, and shall be composed of 16 members. Five members shall be
 1476  appointed by the President of the Senate, five members shall be
 1477  appointed by the Speaker of the House of Representatives, and
 1478  five members shall be appointed by the Governor. From the
 1479  members of the commission, the Governor shall appoint the chair.
 1480  Appointments must be made by April 30, 2018. The Commissioner of
 1481  the Department of Law Enforcement shall serve as a member of the
 1482  commission. The Secretary of Children and Families, the
 1483  Secretary of Juvenile Justice, the Secretary of Health Care
 1484  Administration, and the Commissioner of Education shall serve as
 1485  ex officio, nonvoting members of the commission. Members shall
 1486  serve at the pleasure of the officer who appointed the member. A
 1487  vacancy on the commission shall be filled in the same manner as
 1488  the original appointment.
 1489         (b) The General Counsel of the Department of Law
 1490  Enforcement shall serve as the general counsel for the
 1491  commission.
 1492         (c) The Department of Law Enforcement staff, as assigned by
 1493  the chair, shall assist the commission in performing its duties.
 1494         (d) The commission shall meet as necessary to conduct its
 1495  work at the call of the chair and at the time designated by him
 1496  or her at locations throughout the state. The commission may
 1497  conduct its meetings through teleconferences or other similar
 1498  means.
 1499         (e) Members of the commission are entitled to receive
 1500  reimbursement for per diem and travel expenses pursuant to s.
 1501  112.061.
 1502         (3) The commission shall investigate system failures in the
 1503  Marjory Stoneman Douglas High School shooting and prior mass
 1504  violence incidents in this state and develop recommendations for
 1505  system improvements. At a minimum, the commission shall analyze
 1506  information and evidence from the Marjory Stoneman Douglas High
 1507  School shooting and other mass violence incidents in this state.
 1508  At a minimum the commission shall:
 1509         (a) Develop a timeline of the incident, incident response,
 1510  and all relevant events preceding the incident, with particular
 1511  attention to all perpetrator contacts with local, state and
 1512  national government agencies and entities and any contract
 1513  providers of such agencies and entities.
 1514         (b) Investigate any failures in incident responses by local
 1515  law enforcement agencies and school resource officers.
 1516         1. Identify existing policies and procedures for active
 1517  assailant incidents on school premises and evaluate the
 1518  compliance with such policies and procedures in the execution of
 1519  incident responses.
 1520         2. Evaluate existing policies and procedures for active
 1521  assailant incidents on school premises in comparison with
 1522  national best practices.
 1523         3. Evaluate the extent to which any failures in policy,
 1524  procedure, or execution contributed to an inability to prevent
 1525  deaths and injuries.
 1526         4. Make specific recommendations for improving law
 1527  enforcement and school resource officer incident response in the
 1528  future.
 1529         5. Make specific recommendations for determining the
 1530  appropriate ratio of school resource officers per school by
 1531  school type. At a minimum, the methodology for determining the
 1532  ratio should include the school location, student population,
 1533  and school design.
 1534         (c) Investigate any failures in interactions with
 1535  perpetrators preceding mass violence incidents.
 1536         1. Identify the history of interactions between
 1537  perpetrators and governmental entities such as schools, law
 1538  enforcement agencies, courts and social service agencies, and
 1539  identify any failures to adequately communicate or coordinate
 1540  regarding indicators of risk or possible threats.
 1541         2. Evaluate the extent to which any such failures
 1542  contributed to an inability to prevent deaths and injuries.
 1543         3. Make specific recommendations for improving
 1544  communication and coordination among entities with knowledge of
 1545  indicators of risk or possible threats of mass violence in the
 1546  future.
 1547         4. Identify available state and local tools and resources
 1548  for enhancing communication and coordination regarding
 1549  indicators of risk or possible threats, including, but not
 1550  limited to, the Department of Law Enforcement Fusion Center or
 1551  Judicial Inquiry System, and make specific recommendations for
 1552  using such tools and resources more effectively in the future.
 1553         (4)The commission has the power to investigate. The
 1554  commission may delegate to its investigators the authority to
 1555  administer oaths and affirmations.
 1556         (5) The Commissioner of the Department of Law Enforcement
 1557  shall use his or her subpoena power to compel the attendance of
 1558  witnesses to testify before the commission. The Commissioner of
 1559  the Department of Law Enforcement shall use his or her subpoena
 1560  power to compel the production of any books, papers, records,
 1561  documentary evidence, and other items, including confidential
 1562  information, relevant to the performance of the duties of the
 1563  commission or to the exercise of its powers. The chair or any
 1564  other member of the commission may administer all oaths and
 1565  affirmations in the manner prescribed by law to witnesses who
 1566  appear before the commission for the purpose of testifying in
 1567  any matter of which the commission desires evidence. In the case
 1568  of a refusal to obey a subpoena, the commission may make
 1569  application to any circuit court of this state having
 1570  jurisdiction to order the witness to appear before the
 1571  commission and to produce evidence, if so ordered, or to give
 1572  testimony relevant to the matter in question. Failure to obey
 1573  the order may be punished by the court as contempt.
 1574         (6)The commission may call upon appropriate agencies of
 1575  state government for such professional assistance as may be
 1576  needed in the discharge of its duties, and such agencies shall
 1577  provide such assistance in a timely manner.
 1578         (7)Notwithstanding any other law, the commission may
 1579  request and shall be provided with access to any information or
 1580  records, including exempt or confidential and exempt information
 1581  or records, which pertain to the Marjory Stoneman Douglas High
 1582  School shooting and prior mass violence incidents in Florida
 1583  being reviewed by the commission and which are necessary for the
 1584  commission to carry out its duties. Information or records
 1585  obtained by the commission which are otherwise exempt or
 1586  confidential and exempt shall retain such exempt or confidential
 1587  and exempt status and the commission may not disclose any such
 1588  information or records.
 1589         (8)The commission shall submit an initial report on its
 1590  findings and recommendations to the Governor, President of the
 1591  Senate, and Speaker of the House of Representatives by January
 1592  1, 2019, and may issue reports annually thereafter. The
 1593  commission shall sunset July 1, 2023, and this section is
 1594  repealed on that date.
 1595         Section 20. Section 1001.212, Florida Statutes, is created
 1596  to read:
 1597         1001.212Office of Safe Schools.—There is created in the
 1598  Department of Education the Office of Safe Schools. The office
 1599  is fully accountable to the Commissioner of Education. The
 1600  office shall serve as a central repository for best practices,
 1601  training standards, and compliance oversight in all matters
 1602  regarding school safety and security, including prevention
 1603  efforts, intervention efforts, and emergency preparedness
 1604  planning. The office shall:
 1605         (1)Establish and update as necessary a school security
 1606  risk assessment tool for use by school districts pursuant to s.
 1607  1006.07(6). The office shall make the security risk assessment
 1608  tool available for use by charter schools.
 1609         (2)Provide ongoing professional development opportunities
 1610  to school district personnel.
 1611         (3)Provide a coordinated and interdisciplinary approach to
 1612  providing technical assistance and guidance to school districts
 1613  on safety and security and recommendations to address findings
 1614  identified pursuant to s. 1006.07(6).
 1615         (4)Develop and implement a School Safety Specialist
 1616  Training Program for school safety specialists appointed
 1617  pursuant to s. 1006.07(6). The office shall develop the training
 1618  program which shall be based on national and state best
 1619  practices on school safety and security and must include active
 1620  shooter training. The office shall develop training modules in
 1621  traditional or online formats. A school safety specialist
 1622  certificate of completion shall be awarded to a school safety
 1623  specialist who satisfactorily completes the training required by
 1624  rules of the office.
 1625         (5)Review and provide recommendations on the security risk
 1626  assessments. The department may contract with security
 1627  personnel, consulting engineers, architects, or other safety and
 1628  security experts the department deems necessary for safety and
 1629  security consultant services.
 1630         (6)Coordinate with the Department of Law Enforcement to
 1631  provide a centralized integrated data repository and data
 1632  analytics resources to improve access to timely, complete and
 1633  accurate information integrating data from, at a minimum, but
 1634  not limited to, the following data sources by December 1, 2018:
 1635         (a)Social Media;
 1636         (b)Department of Children and Families;
 1637         (c)Department of Law Enforcement;
 1638         (d)Department of Juvenile Justice; and
 1639         (e)Local law enforcement.
 1640         (7)Data that is exempt or confidential and exempt from
 1641  public records requirements retains its exempt or confidential
 1642  and exempt status when incorporated into the centralized
 1643  integrated data repository.
 1644         (8)To maintain the confidentiality requirements attached
 1645  to the information provided to the centralized integrated data
 1646  repository by the various state and local agencies, data
 1647  governance and security shall ensure compliance with all
 1648  applicable state and federal data privacy requirements through
 1649  the use of user authorization and role based security, data
 1650  anonymization and aggregation and auditing capabilities.
 1651         (9)To maintain the confidentiality requirements attached
 1652  to the information provided to the centralized integrated data
 1653  repository by the various state and local agencies, each source
 1654  agency providing data for the repository shall be the sole
 1655  custodian of the data for the purpose of any request for
 1656  inspection or copies thereof under ch. 119. The department shall
 1657  only allow access to data from the source agencies in accordance
 1658  with rules adopted by the respective source agencies.
 1659         (10)Award grants to schools to improve the safety and
 1660  security of school buildings based upon recommendations of the
 1661  security risk assessment developed pursuant to subsection (1).
 1662         (11)Disseminate, in consultation with the Department of
 1663  Law Enforcement, to participating schools awareness and
 1664  education materials on the School Safety Awareness Program
 1665  developed pursuant to s. 943.082.
 1666         Section 21. Paragraph (a) of subsection (10) of section
 1667  1002.32, Florida Statutes, is amended to read:
 1668         1002.32 Developmental research (laboratory) schools.—
 1669         (10) EXCEPTIONS TO LAW.—To encourage innovative practices
 1670  and facilitate the mission of the lab schools, in addition to
 1671  the exceptions to law specified in s. 1001.23(2), the following
 1672  exceptions shall be permitted for lab schools:
 1673         (a) The methods and requirements of the following statutes
 1674  shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
 1675  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
 1676  1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
 1677  1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
 1678  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
 1679  1001.49; 1001.50; 1001.51; 1006.12(2) 1006.12(1); 1006.21(3),
 1680  (4); 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
 1681  1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
 1682  1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
 1683  (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
 1684  1011.72; 1011.73; and 1011.74.
 1685         Section 22. Subsection (1) of section 1006.04, Florida
 1686  Statutes, is amended to read:
 1687         1006.04 Educational multiagency services for students with
 1688  severe emotional disturbance.—
 1689         (1)(a) The multiagency network for students with emotional
 1690  and behavioral disabilities works with education, mental health,
 1691  child welfare, and juvenile justice professionals, along with
 1692  other agencies and families, to provide children with mental
 1693  illness or emotional and behavioral problems and their families
 1694  with access to the services and supports they need to succeed An
 1695  intensive, integrated educational program; a continuum of mental
 1696  health treatment services; and, when needed, residential
 1697  services are necessary to enable students with severe emotional
 1698  disturbance to develop appropriate behaviors and demonstrate
 1699  academic and career education skills. The small incidence of
 1700  severe emotional disturbance in the total school population
 1701  requires multiagency programs to provide access to appropriate
 1702  services for all students with severe emotional disturbance.
 1703  District school boards should provide educational programs, and
 1704  state departments and agencies administering children’s mental
 1705  health funds should provide mental health treatment and
 1706  residential services when needed, as part of the forming a
 1707  multiagency network to provide support for students with severe
 1708  emotional disturbance.
 1709         (b) The purpose of the multiagency network is to: The
 1710  program goals for each component of the multiagency network are
 1711  to
 1712         1. Enable students with severe emotional disturbance to
 1713  learn appropriate behaviors, reduce dependency, and fully
 1714  participate in all aspects of school and community living.; to
 1715         2. Develop individual programs for students with severe
 1716  emotional disturbance, including necessary educational,
 1717  residential, and mental health treatment services.; to
 1718         3. Provide programs and services as close as possible to
 1719  the student’s home in the least restrictive manner consistent
 1720  with the student’s needs.; and to
 1721         4. Integrate a wide range of services necessary to support
 1722  students with severe emotional disturbance and their families.
 1723         (c)The multiagency network shall:
 1724         1.Support and represent the needs of students in each
 1725  school district in joint planning with fiscal agents of
 1726  children’s mental health funds, including the expansion of
 1727  school-based mental health services, transition services, and
 1728  integrated education and treatment programs.
 1729         2.Improve coordination of services for children with or at
 1730  risk of emotional or behavioral disabilities and their families
 1731  by assisting multi-agency collaborative initiatives to identify
 1732  critical issues and barriers of mutual concern and develop local
 1733  response systems that increase home and school connections and
 1734  family engagement.
 1735         3.Increase parent and youth involvement and development
 1736  with local systems of care.
 1737         4.Facilitate student and family access to effective
 1738  services and programs for students with and at risk of emotional
 1739  or behavioral disabilities that include necessary educational,
 1740  residential, and mental health treatment services, enabling
 1741  these students to learn appropriate behaviors, reduce
 1742  dependency, and fully participate in all aspects of school and
 1743  community living.
 1744         Section 23. Paragraph (b) of subsection (1), paragraphs (k)
 1745  through (m) of subsection (2), and subsections (3), (4), and (6)
 1746  of section 1006.07, Florida Statutes, are amended, and
 1747  subsections (7) and (8) are added to that section to read:
 1748         1006.07 District school board duties relating to student
 1749  discipline and school safety.—The district school board shall
 1750  provide for the proper accounting for all students, for the
 1751  attendance and control of students at school, and for proper
 1752  attention to health, safety, and other matters relating to the
 1753  welfare of students, including:
 1754         (1) CONTROL OF STUDENTS.—
 1755         (b) Require each student at the time of initial
 1756  registration for school in the school district to note previous
 1757  school expulsions, arrests resulting in a charge, and juvenile
 1758  justice actions, and referrals to mental health services the
 1759  student has had, and have the authority as the district school
 1760  board of a receiving school district to honor the final order of
 1761  expulsion or dismissal of a student by any in-state or out-of
 1762  state public district school board or private school, or lab
 1763  school, for an act which would have been grounds for expulsion
 1764  according to the receiving district school board’s code of
 1765  student conduct, in accordance with the following procedures:
 1766         1. A final order of expulsion shall be recorded in the
 1767  records of the receiving school district.
 1768         2. The expelled student applying for admission to the
 1769  receiving school district shall be advised of the final order of
 1770  expulsion.
 1771         3. The district school superintendent of the receiving
 1772  school district may recommend to the district school board that
 1773  the final order of expulsion be waived and the student be
 1774  admitted to the school district, or that the final order of
 1775  expulsion be honored and the student not be admitted to the
 1776  school district. If the student is admitted by the district
 1777  school board, with or without the recommendation of the district
 1778  school superintendent, the student may be placed in an
 1779  appropriate educational program and referred to mental health
 1780  services identified by the school district pursuant to s.
 1781  1012.584(4), when appropriate, at the direction of the district
 1782  school board.
 1783         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 1784  conduct for elementary schools and a code of student conduct for
 1785  middle and high schools and distribute the appropriate code to
 1786  all teachers, school personnel, students, and parents, at the
 1787  beginning of every school year. Each code shall be organized and
 1788  written in language that is understandable to students and
 1789  parents and shall be discussed at the beginning of every school
 1790  year in student classes, school advisory council meetings, and
 1791  parent and teacher association or organization meetings. Each
 1792  code shall be based on the rules governing student conduct and
 1793  discipline adopted by the district school board and shall be
 1794  made available in the student handbook or similar publication.
 1795  Each code shall include, but is not limited to:
 1796         (k) Policies to be followed for the assignment of violent
 1797  or disruptive students to an alternative educational program or
 1798  referral of such students to mental health services identified
 1799  by the school district pursuant to s. 1012.584(4).
 1800         (l) Notice that any student who is determined to have
 1801  brought a firearm or weapon, as defined in chapter 790, to
 1802  school, to any school function, or onto any school-sponsored
 1803  transportation, or to have possessed a firearm at school, will
 1804  be expelled, with or without continuing educational services,
 1805  from the student’s regular school for a period of not less than
 1806  1 full year and referred to mental health services identified by
 1807  the school district pursuant to s. 1012.584(4) and the criminal
 1808  justice or juvenile justice system. District school boards may
 1809  assign the student to a disciplinary program or second chance
 1810  school for the purpose of continuing educational services during
 1811  the period of expulsion. District school superintendents may
 1812  consider the 1-year expulsion requirement on a case-by-case
 1813  basis and request the district school board to modify the
 1814  requirement by assigning the student to a disciplinary program
 1815  or second chance school if the request for modification is in
 1816  writing and it is determined to be in the best interest of the
 1817  student and the school system.
 1818         (m) Notice that any student who is determined to have made
 1819  a threat or false report, as defined by ss. 790.162 and 790.163,
 1820  respectively, involving school or school personnel’s property,
 1821  school transportation, or a school-sponsored activity will be
 1822  expelled, with or without continuing educational services, from
 1823  the student’s regular school for a period of not less than 1
 1824  full year and referred for criminal prosecution and mental
 1825  health services identified by the school district pursuant to s.
 1826  1012.584(4) for evaluation or treatment, when appropriate.
 1827  District school boards may assign the student to a disciplinary
 1828  program or second chance school for the purpose of continuing
 1829  educational services during the period of expulsion. District
 1830  school superintendents may consider the 1-year expulsion
 1831  requirement on a case-by-case basis and request the district
 1832  school board to modify the requirement by assigning the student
 1833  to a disciplinary program or second chance school if it is
 1834  determined to be in the best interest of the student and the
 1835  school system.
 1836         (3) STUDENT CRIME WATCH PROGRAM.—By resolution of the
 1837  district school board, implement a student crime watch program
 1838  to promote responsibility among students and improve school
 1839  safety. The student crime watch program shall allow students and
 1840  the community to anonymously relay information concerning unsafe
 1841  and potentially harmful, dangerous, violent, or criminal
 1842  activities, or the threat of these activities, to appropriate
 1843  public safety agencies and school officials to assist in the
 1844  control of criminal behavior within the schools.
 1845         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1846         (a) Formulate and prescribe policies and procedures, in
 1847  consultation with the appropriate public safety agencies, for
 1848  emergency drills and for actual emergencies, including, but not
 1849  limited to, fires, natural disasters, active shooter and hostage
 1850  situations, and bomb threats, for all students and faculty at
 1851  all the public schools of the district comprised of which
 1852  comprise grades K-12. Drills for active shooter and hostage
 1853  situations shall be conducted at least as often as other
 1854  emergency drills. District school board policies shall include
 1855  commonly used alarm system responses for specific types of
 1856  emergencies and verification by each school that drills have
 1857  been provided as required by law and fire protection codes. The
 1858  emergency response policy shall identify the individuals
 1859  responsible for contacting the primary emergency response agency
 1860  and the emergency response agency that is responsible for
 1861  notifying the school district for each type of emergency must be
 1862  listed in the district’s emergency response policy.
 1863         (b) Establish model emergency management and emergency
 1864  preparedness procedures, including emergency notification
 1865  procedures pursuant to paragraph (a), for the following life
 1866  threatening emergencies:
 1867         1. Weapon-use, and hostage, and active shooter situations.
 1868  The active shooter situation training for each school must
 1869  engage the participation of the district school safety
 1870  specialist, threat assessment team members, faculty, staff, and
 1871  students and must be conducted by the law enforcement agency or
 1872  agencies that are designated as first responders to the school’s
 1873  campus.
 1874         2. Hazardous materials or toxic chemical spills.
 1875         3. Weather emergencies, including hurricanes, tornadoes,
 1876  and severe storms.
 1877         4. Exposure as a result of a manmade emergency.
 1878         (c)Establish a schedule to test the functionality and
 1879  coverage capacity of all emergency communication systems and
 1880  determine if adequate signal strength is available in all areas
 1881  of the school’s campus.
 1882         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
 1883  school superintendent shall establish policies and procedures
 1884  for the prevention of violence on school grounds, including the
 1885  assessment of and intervention with individuals whose behavior
 1886  poses a threat to the safety of the school community.
 1887         (a)Each district school superintendent shall designate a
 1888  school administrator as a school safety specialist for the
 1889  district. The school safety specialist must earn a certificate
 1890  of completion of the school safety specialist training provided
 1891  by the Office of Safe Schools within 1 year after appointment
 1892  and is responsible for the supervision and oversight for all
 1893  school safety and security personnel, policies, and procedures
 1894  in the school district. The school safety specialist shall:
 1895         1.Review policies and procedures for compliance with state
 1896  law and rules.
 1897         2.Provide the necessary training and resources to students
 1898  and school district staff in matters relating to youth mental
 1899  health awareness and assistance; emergency procedures, including
 1900  active shooter training; and school safety and security.
 1901         3.Serve as the school district liaison with local public
 1902  safety agencies and national, state, and community agencies and
 1903  organizations in matters of school safety and security.
 1904         4.Conduct a school security risk assessment in accordance
 1905  with s. 1006.1493 at each public school using the school
 1906  security risk assessment tool developed by the Office of Safe
 1907  Schools Use the Safety and Security Best Practices developed by
 1908  the Office of Program Policy Analysis and Government
 1909  Accountability to conduct a self-assessment of the school
 1910  districts’ current safety and security practices. Based on the
 1911  assessment these self-assessment findings, the district’s school
 1912  safety specialist district school superintendent shall provide
 1913  recommendations to the district school board which identify
 1914  strategies and activities that the district school board should
 1915  implement in order to improve school safety and security.
 1916  Annually, each district school board must receive such findings
 1917  and the school safety specialist’s recommendations the self
 1918  assessment results at a publicly noticed district school board
 1919  meeting to provide the public an opportunity to hear the
 1920  district school board members discuss and take action on the
 1921  report findings and recommendations. Each school safety
 1922  specialist district school superintendent shall report such
 1923  findings the self-assessment results and school board action to
 1924  the Office of Safe Schools commissioner within 30 days after the
 1925  district school board meeting.
 1926         (b)Each school safety specialist shall coordinate with the
 1927  appropriate public safety agencies, as defined in s. 365.171,
 1928  that are designated as first responders to a school’s campus to
 1929  conduct a tour of such campus once every 3 years and provide
 1930  recommendations related to school safety. The recommendations by
 1931  the public safety agencies must be considered as part of the
 1932  recommendations by the school safety specialist pursuant to
 1933  paragraph (a).
 1934         (7)THREAT ASSESSMENT TEAMS.—Each district school board
 1935  shall adopt policies for the establishment of threat assessment
 1936  teams at each school whose duties include the coordination of
 1937  resources and assessment and intervention with individuals whose
 1938  behavior may pose a threat to the safety of school staff or
 1939  students consistent with the model policies developed by the
 1940  Office of Safe Schools. Such policies shall include procedures
 1941  for referrals to mental health services identified by the school
 1942  district pursuant to s. 1012.584(4), when appropriate.
 1943         (a)A threat assessment team shall include persons with
 1944  expertise in counseling, instruction, school administration, and
 1945  law enforcement. The threat assessment teams shall identify
 1946  members of the school community to whom threatening behavior
 1947  should be reported and provide guidance to students, faculty,
 1948  and staff regarding recognition of threatening or aberrant
 1949  behavior that may represent a threat to the community, school,
 1950  or self.
 1951         (b)Upon a preliminary determination that a student poses a
 1952  threat of violence or physical harm to himself or herself or
 1953  others, a threat assessment team shall immediately report its
 1954  determination to the superintendent or his or her designee. The
 1955  superintendent or his or her designee shall immediately attempt
 1956  to notify the student’s parent or legal guardian. Nothing in
 1957  this subsection shall preclude school district personnel from
 1958  acting immediately to address an imminent threat.
 1959         (c)Upon a preliminary determination by the threat
 1960  assessment team that a student poses a threat of violence to
 1961  himself or herself or others or exhibits significantly
 1962  disruptive behavior or need for assistance, the threat
 1963  assessment team may obtain criminal history record information,
 1964  as provided in s. 985.047. A member of a threat assessment team
 1965  may not disclose any criminal history record information
 1966  obtained pursuant to this section or otherwise use any record of
 1967  an individual beyond the purpose for which such disclosure was
 1968  made to the threat assessment team.
 1969         (d)Notwithstanding any other provision of law, all state
 1970  and local agencies and programs that provide services to
 1971  students experiencing or at risk of an emotional disturbance or
 1972  a mental illness, including the school districts, school
 1973  personnel, state and local law enforcement agencies, the
 1974  Department of Juvenile Justice, the Department of Children and
 1975  Families, the Department of Health, the Agency for Health Care
 1976  Administration, the Agency for Persons with Disabilities, the
 1977  Department of Education, the Statewide Guardian Ad Litem Office,
 1978  and any service or support provider contracting with such
 1979  agencies, may share with each other records or information that
 1980  are confidential or exempt from disclosure under chapter 119 if
 1981  the records or information are reasonably necessary to ensure
 1982  access to appropriate services for the student or to ensure the
 1983  safety of the student or others. All such state and local
 1984  agencies and programs shall communicate, collaborate, and
 1985  coordinate efforts to serve such students.
 1986         (e)If an immediate mental health or substance abuse crisis
 1987  is suspected, school personnel shall follow policies established
 1988  by the threat assessment team to engage behavioral health crisis
 1989  resources. Behavioral health crisis resources, including, but
 1990  not limited to, mobile crisis teams and school resource officers
 1991  trained in crisis intervention, shall provide emergency
 1992  intervention and assessment, make recommendations, and refer the
 1993  student for appropriate services. Onsite school personnel shall
 1994  report all such situations and actions taken to the threat
 1995  assessment team, which shall contact the other agencies involved
 1996  with the student and any known service providers to share
 1997  information and coordinate any necessary followup actions.
 1998         (f)Each threat assessment team established pursuant to
 1999  this subsection shall report quantitative data on its activities
 2000  to the Office of Safe Schools in accordance with guidance from
 2001  the office.
 2002         (8) SAFETY IN CONSTRUCTION PLANNING.—A district school
 2003  board must allow the law enforcement agency or agencies that are
 2004  designated as first responders to the district’s campus and
 2005  school’s campuses to tour such campuses once every 3 years. Any
 2006  changes related to school safety and emergency issues
 2007  recommended by a law enforcement agency based on a campus tour
 2008  must be documented by the district school board.
 2009         Section 24. Subsection (2) of section 1006.08, Florida
 2010  Statutes, is amended to read:
 2011         1006.08 District school superintendent duties relating to
 2012  student discipline and school safety.—
 2013         (2) Notwithstanding the provisions of s. 985.04(7) or any
 2014  other provision of law to the contrary, the court shall, within
 2015  48 hours of the finding, notify the appropriate district school
 2016  superintendent of the name and address of any student found to
 2017  have committed a delinquent act, or who has had adjudication of
 2018  a delinquent act withheld which, if committed by an adult, would
 2019  be a felony, or the name and address of any student found guilty
 2020  of a felony, or the name and address of any student the court
 2021  refers to mental health services. Notification shall include the
 2022  specific delinquent act found to have been committed or for
 2023  which adjudication was withheld, or the specific felony for
 2024  which the student was found guilty.
 2025         Section 25. Section 1006.12, Florida Statutes, is amended
 2026  to read:
 2027         1006.12 Safe-school school resource officers at each public
 2028  school and school safety officers.—For the protection and safety
 2029  of school personnel, property, students, and visitors, each
 2030  district school board and school district superintendent shall
 2031  partner with law enforcement agencies to establish or assign one
 2032  or more safe-school officers at each school facility within the
 2033  district by implementing any combination of the following
 2034  options which best meets the needs of the school district:
 2035         (1) District school boards may Establish school resource
 2036  officer programs, through a cooperative agreement with law
 2037  enforcement agencies or in accordance with subsection (2).
 2038         (a) School resource officers shall undergo criminal
 2039  background checks, drug testing, and a psychological evaluation
 2040  and be certified law enforcement officers, as defined in s.
 2041  943.10(1), who are employed by a law enforcement agency as
 2042  defined in s. 943.10(4). The powers and duties of a law
 2043  enforcement officer shall continue throughout the employee’s
 2044  tenure as a school resource officer.
 2045         (b) School resource officers shall abide by district school
 2046  board policies and shall consult with and coordinate activities
 2047  through the school principal, but shall be responsible to the
 2048  law enforcement agency in all matters relating to employment,
 2049  subject to agreements between a district school board and a law
 2050  enforcement agency. Activities conducted by the school resource
 2051  officer which are part of the regular instructional program of
 2052  the school shall be under the direction of the school principal.
 2053         (c) Complete mental health crisis intervention training
 2054  using a curriculum developed by a national organization with
 2055  expertise in mental health crisis intervention. The training
 2056  shall improve officers’ knowledge and skills as first responders
 2057  to incidents involving students with emotional disturbance or
 2058  mental illness, including de-escalation skills to ensure student
 2059  and officer safety.
 2060         (2) Commission one or more school safety officers for the
 2061  protection and safety of school personnel, property, and
 2062  students within the school district. The district school
 2063  superintendent may recommend, and the district school board may
 2064  appoint, one or more school safety officers.
 2065         (2)(a) School safety officers shall undergo criminal
 2066  background checks, drug testing, and a psychological evaluation
 2067  and be law enforcement officers, as defined in s. 943.10(1),
 2068  certified under the provisions of chapter 943 and employed by
 2069  either a law enforcement agency or by the district school board.
 2070  If the officer is employed by the district school board, the
 2071  district school board is the employing agency for purposes of
 2072  chapter 943, and must comply with the provisions of that
 2073  chapter.
 2074         (b) A district school board may commission one or more
 2075  school safety officers for the protection and safety of school
 2076  personnel, property, and students within the school district.
 2077  The district school superintendent may recommend and the
 2078  district school board may appoint one or more school safety
 2079  officers.
 2080         (b)(c) A school safety officer has and shall exercise the
 2081  power to make arrests for violations of law on district school
 2082  board property and to arrest persons, whether on or off such
 2083  property, who violate any law on such property under the same
 2084  conditions that deputy sheriffs are authorized to make arrests.
 2085  A school safety officer has the authority to carry weapons when
 2086  performing his or her official duties.
 2087         (c)(d) A district school board may enter into mutual aid
 2088  agreements with one or more law enforcement agencies as provided
 2089  in chapter 23. A school safety officer’s salary may be paid
 2090  jointly by the district school board and the law enforcement
 2091  agency, as mutually agreed to.
 2092         (3) At the school district’s discretion, participate in the
 2093  school marshal program if such program is established pursuant
 2094  to s. 30.15, to meet the requirement of establishing a safe
 2095  school officer.
 2096         Section 26. Subsection (1), paragraph (c) of subsection
 2097  (4), and subsection (8) of section 1006.13, Florida Statutes,
 2098  are amended, and paragraph (f) is added to subsection (2) of
 2099  that section, to read:
 2100         1006.13 Policy of zero tolerance for crime and
 2101  victimization.—
 2102         (1) District school boards shall It is the intent of the
 2103  Legislature to promote a safe and supportive learning
 2104  environment in schools by protecting, to protect students and
 2105  staff from conduct that poses a serious threat to school safety.
 2106  A threat assessment team may, and to encourage schools to use
 2107  alternatives to expulsion or referral to law enforcement
 2108  agencies to address by addressing disruptive behavior through
 2109  restitution, civil citation, teen court, neighborhood
 2110  restorative justice, or similar programs. Zero-tolerance The
 2111  Legislature finds that zero-tolerance policies may are not
 2112  intended to be rigorously applied to petty acts of misconduct
 2113  and misdemeanors, including, but not limited to, minor fights or
 2114  disturbances. Zero-tolerance policies The Legislature finds that
 2115  zero-tolerance policies must apply equally to all students
 2116  regardless of their economic status, race, or disability.
 2117         (2) Each district school board shall adopt a policy of zero
 2118  tolerance that:
 2119         (f)Requires the threat assessment team to consult with law
 2120  enforcement when a student exhibits a pattern of behavior, based
 2121  upon previous acts or the severity of an act, that would pose a
 2122  threat to school safety.
 2123         (4)
 2124         (c) Zero-tolerance policies do not require the reporting of
 2125  petty acts of misconduct and misdemeanors to a law enforcement
 2126  agency, including, but not limited to, disorderly conduct,
 2127  disrupting a school function, simple assault or battery, affray,
 2128  theft of less than $300, trespassing, and vandalism of less than
 2129  $1,000. However, if a student commits more than one misdemeanor,
 2130  the threat assessment team must consult with law enforcement to
 2131  determine if the act should be reported to law enforcement.
 2132         (8) A threat assessment team may School districts are
 2133  encouraged to use alternatives to expulsion or referral to law
 2134  enforcement agencies unless the use of such alternatives will
 2135  pose a threat to school safety.
 2136         Section 27. Section 1006.1493, Florida Statutes, is created
 2137  to read:
 2138         1006.1493Florida Safe Schools Assessment Tool.—
 2139         (1) The department through the Office of Safe Schools
 2140  pursuant s. 1001.212 shall contract with a security consulting
 2141  firm that specializes in the development of risk assessment
 2142  software solutions and has experience in conducting security
 2143  assessments of public facilities to develop, update, and
 2144  implement a risk assessment tool, which shall be known as the
 2145  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
 2146  used by school officials at each school district and public
 2147  school site in the state in conducting security assessments for
 2148  use by school officials at each school district and public
 2149  school site in the state.
 2150         (2) The FSSAT must help school officials identify threats,
 2151  vulnerabilities, and appropriate safety controls for the schools
 2152  that they supervise, pursuant to the security risk assessment
 2153  requirements of s. 1006.07(6).
 2154         (a) At a minimum, the FSSAT must address all of the
 2155  following components:
 2156         1. School emergency and crisis preparedness planning;
 2157         2. Security, crime, and violence prevention policies and
 2158  procedures;
 2159         3. Physical security measures;
 2160         4. Professional development training needs;
 2161         5. An examination of support service roles in school
 2162  safety, security, and emergency planning;
 2163         6. School security and school police staffing, operational
 2164  practices, and related services;
 2165         7. School and community collaboration on school safety; and
 2166         8. A return on investment analysis of the recommended
 2167  physical security controls.
 2168         (b) The department shall require by contract that the
 2169  security consulting firm:
 2170         1. Generate written automated reports on assessment
 2171  findings for review by the department and school and district
 2172  officials;
 2173         2. Provide training to the department and school officials
 2174  in the use of the FSSAT and other areas of importance identified
 2175  by the department; and
 2176         3. Advise in the development and implementation of
 2177  templates, formats, guidance, and other resources necessary to
 2178  facilitate the implementation of this section at state,
 2179  district, school, and local levels.
 2180         (3) By December 1, 2018, and annually by that date
 2181  thereafter, the department must report to the Governor, the
 2182  President of the Senate, and the Speaker of the House of
 2183  Representatives on the status of implementation across school
 2184  districts and schools. The report must include a summary of the
 2185  positive school safety measures in place at the time of the
 2186  assessment and any recommendations for policy changes or funding
 2187  needed to facilitate continued school safety planning,
 2188  improvement, and response at the state, district, or school
 2189  levels.
 2190         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
 2191  and information related to security risk assessments
 2192  administered pursuant to this section and s. 1006.07(6) and the
 2193  security information contained in the annual report required
 2194  pursuant to subsection (3) are confidential and exempt from
 2195  public records requirements.
 2196         Section 28. Subsections (16) and (17) of section 1011.62,
 2197  Florida Statutes, are redesignated as subsections (17) and (18),
 2198  respectively, paragraph (a) of subsection (4), paragraph (b) of
 2199  subsection (6), subsection (14), and subsection (15) of that
 2200  section are amended, and a new subsection (16) is added to that
 2201  section, to read:
 2202         1011.62 Funds for operation of schools.—If the annual
 2203  allocation from the Florida Education Finance Program to each
 2204  district for operation of schools is not determined in the
 2205  annual appropriations act or the substantive bill implementing
 2206  the annual appropriations act, it shall be determined as
 2207  follows:
 2208         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 2209  Legislature shall prescribe the aggregate required local effort
 2210  for all school districts collectively as an item in the General
 2211  Appropriations Act for each fiscal year. The amount that each
 2212  district shall provide annually toward the cost of the Florida
 2213  Education Finance Program for kindergarten through grade 12
 2214  programs shall be calculated as follows:
 2215         (a) Estimated taxable value calculations.—
 2216         1.a. Not later than 2 working days before July 19, the
 2217  Department of Revenue shall certify to the Commissioner of
 2218  Education its most recent estimate of the taxable value for
 2219  school purposes in each school district and the total for all
 2220  school districts in the state for the current calendar year
 2221  based on the latest available data obtained from the local
 2222  property appraisers. The value certified shall be the taxable
 2223  value for school purposes for that year, and no further
 2224  adjustments shall be made, except those made pursuant to
 2225  paragraphs (c) and (d), or an assessment roll change required by
 2226  final judicial decisions as specified in paragraph (17)(b)
 2227  (16)(b). Not later than July 19, the Commissioner of Education
 2228  shall compute a millage rate, rounded to the next highest one
 2229  one-thousandth of a mill, which, when applied to 96 percent of
 2230  the estimated state total taxable value for school purposes,
 2231  would generate the prescribed aggregate required local effort
 2232  for that year for all districts. The Commissioner of Education
 2233  shall certify to each district school board the millage rate,
 2234  computed as prescribed in this subparagraph, as the minimum
 2235  millage rate necessary to provide the district required local
 2236  effort for that year.
 2237         b. The General Appropriations Act shall direct the
 2238  computation of the statewide adjusted aggregate amount for
 2239  required local effort for all school districts collectively from
 2240  ad valorem taxes to ensure that no school district’s revenue
 2241  from required local effort millage will produce more than 90
 2242  percent of the district’s total Florida Education Finance
 2243  Program calculation as calculated and adopted by the
 2244  Legislature, and the adjustment of the required local effort
 2245  millage rate of each district that produces more than 90 percent
 2246  of its total Florida Education Finance Program entitlement to a
 2247  level that will produce only 90 percent of its total Florida
 2248  Education Finance Program entitlement in the July calculation.
 2249         2. On the same date as the certification in sub
 2250  subparagraph 1.a., the Department of Revenue shall certify to
 2251  the Commissioner of Education for each district:
 2252         a. Each year for which the property appraiser has certified
 2253  the taxable value pursuant to s. 193.122(2) or (3), if
 2254  applicable, since the prior certification under sub-subparagraph
 2255  1.a.
 2256         b. For each year identified in sub-subparagraph a., the
 2257  taxable value certified by the appraiser pursuant to s.
 2258  193.122(2) or (3), if applicable, since the prior certification
 2259  under sub-subparagraph 1.a. This is the certification that
 2260  reflects all final administrative actions of the value
 2261  adjustment board.
 2262         (6) CATEGORICAL FUNDS.—
 2263         (b) If a district school board finds and declares in a
 2264  resolution adopted at a regular meeting of the school board that
 2265  the funds received for any of the following categorical
 2266  appropriations are urgently needed to maintain school board
 2267  specified academic classroom instruction or improve school
 2268  safety, the school board may consider and approve an amendment
 2269  to the school district operating budget transferring the
 2270  identified amount of the categorical funds to the appropriate
 2271  account for expenditure:
 2272         1. Funds for student transportation.
 2273         2.Funds for safe schools.
 2274         2.3. Funds for supplemental academic instruction if the
 2275  required additional hour of instruction beyond the normal school
 2276  day for each day of the entire school year has been provided for
 2277  the students in each low-performing elementary school in the
 2278  district pursuant to paragraph (1)(f).
 2279         3.4. Funds for research-based reading instruction if the
 2280  required additional hour of instruction beyond the normal school
 2281  day for each day of the entire school year has been provided for
 2282  the students in each low-performing elementary school in the
 2283  district pursuant to paragraph (9)(a).
 2284         4.5. Funds for instructional materials if all instructional
 2285  material purchases necessary to provide updated materials that
 2286  are aligned with applicable state standards and course
 2287  descriptions and that meet statutory requirements of content and
 2288  learning have been completed for that fiscal year, but no sooner
 2289  than March 1. Funds available after March 1 may be used to
 2290  purchase hardware for student instruction.
 2291         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 2292  annually in the General Appropriations Act determine a
 2293  percentage increase in funds per K-12 unweighted FTE as a
 2294  minimum guarantee to each school district. The guarantee shall
 2295  be calculated from prior year base funding per unweighted FTE
 2296  student which shall include the adjusted FTE dollars as provided
 2297  in subsection (17) (16), quality guarantee funds, and actual
 2298  nonvoted discretionary local effort from taxes. From the base
 2299  funding per unweighted FTE, the increase shall be calculated for
 2300  the current year. The current year funds from which the
 2301  guarantee shall be determined shall include the adjusted FTE
 2302  dollars as provided in subsection (17) (16) and potential
 2303  nonvoted discretionary local effort from taxes. A comparison of
 2304  current year funds per unweighted FTE to prior year funds per
 2305  unweighted FTE shall be computed. For those school districts
 2306  which have less than the legislatively assigned percentage
 2307  increase, funds shall be provided to guarantee the assigned
 2308  percentage increase in funds per unweighted FTE student. Should
 2309  appropriated funds be less than the sum of this calculated
 2310  amount for all districts, the commissioner shall prorate each
 2311  district’s allocation. This provision shall be implemented to
 2312  the extent specifically funded.
 2313         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 2314  created to provide funding to assist school districts in their
 2315  compliance with s. 1006.07 ss. 1006.07-1006.148, with priority
 2316  given to implementing the district’s establishing a school
 2317  resource officer program pursuant to s. 1006.12. Each school
 2318  district shall receive a minimum safe schools allocation in an
 2319  amount provided in the General Appropriations Act. Of the
 2320  remaining balance of the safe schools allocation, two-thirds
 2321  shall be allocated to school districts based on the most recent
 2322  official Florida Crime Index provided by the Department of Law
 2323  Enforcement and one-third shall be allocated based on each
 2324  school district’s proportionate share of the state’s total
 2325  unweighted full-time equivalent student enrollment. Any
 2326  additional funds appropriated to this allocation in the 2018
 2327  2019 fiscal year to the school resource officer program
 2328  established pursuant to s. 1006.12 shall be used exclusively for
 2329  employing or contracting for school resource officers, which
 2330  shall be in addition to the number of officers employed or
 2331  contracted for in the 2017-2018 fiscal year.
 2332         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 2333  assistance allocation is created to provide funding to assist
 2334  school districts in establishing or expanding school-based
 2335  mental health care. These funds shall be allocated annually in
 2336  the General Appropriations Act or other law to each eligible
 2337  school district. Each school district shall receive a minimum of
 2338  $100,000 with the remaining balance allocated based on each
 2339  school district’s proportionate share of the state’s total
 2340  unweighted full-time equivalent student enrollment. Eligible
 2341  charter schools are entitled to a proportionate share of
 2342  district funding. At least 90 percent of a district’s allocation
 2343  must be expended on the elements specified in subparagraphs
 2344  (b)1. and 2. The allocated funds may not supplant funds that are
 2345  provided for this purpose from other operating funds and may not
 2346  be used to increase salaries or provide bonuses. School
 2347  districts are encouraged to maximize third party health
 2348  insurance benefits and Medicaid claiming for services, where
 2349  appropriate.
 2350         (a)Before the distribution of the allocation:
 2351         1.The school district must develop and submit a detailed
 2352  plan outlining the local program and planned expenditures to the
 2353  district school board for approval.
 2354         2.A charter school must develop and submit a detailed plan
 2355  outlining the local program and planned expenditures to its
 2356  governing body for approval. After the plan is approved by the
 2357  governing body, it must be provided to the charter school’s
 2358  sponsor.
 2359         (b) The plans required under paragraph (a) must be focused
 2360  on delivering evidence-based mental health care treatment to
 2361  children and include the following elements:
 2362         1.Provision of mental health assessment, diagnosis,
 2363  intervention, treatment, and recovery services to students with
 2364  one or more mental health or co-occurring substance abuse
 2365  diagnoses and students at high risk of such diagnoses.
 2366         2.Coordination of such services with a student’s primary
 2367  care provider and with other mental health providers involved in
 2368  the student’s care.
 2369         3.Direct employment of such service providers, or a
 2370  contract-based collaborative effort or partnership with one or
 2371  more local community mental health programs, agencies, or
 2372  providers.
 2373         (c) School districts shall submit approved plans, including
 2374  approved plans of each charter school in the district, to the
 2375  commissioner by August 1 of each fiscal year.
 2376         (d)Beginning September 30, 2019, and annually by September
 2377  30 thereafter, each school district shall submit to the
 2378  Department of Education a report on its program outcomes and
 2379  expenditures for the previous fiscal year that, at a minimum,
 2380  must include the number of each of the following:
 2381         1.Students who receive screenings or assessments.
 2382         2.Students who are referred for services or assistance.
 2383         3.Students who receive services or assistance.
 2384         4.Direct employment service providers employed by each
 2385  school district.
 2386         5.Contract-based collaborative efforts or partnerships
 2387  with community mental health programs, agencies, or providers.
 2388         Section 29. Section 1012.584, Florida Statutes, is created
 2389  to read:
 2390         1012.584Continuing education and inservice training for
 2391  youth mental health awareness and assistance.—
 2392         (1)Beginning with the 2018-2019 school year, the
 2393  Department of Education shall establish an evidence-based youth
 2394  mental health awareness and assistance training program to help
 2395  school personnel identify and understand the signs of emotional
 2396  disturbance, mental illness, and substance use disorders and
 2397  provide such personnel with the skills to help a person who is
 2398  developing or experiencing an emotional disturbance, mental
 2399  health, or substance use problem.
 2400         (2)The Department of Education shall select a national
 2401  authority on youth mental health awareness and assistance to
 2402  facilitate providing youth mental health awareness and
 2403  assistance training, using a trainer certification model, to all
 2404  school personnel in elementary, middle, and high schools. Each
 2405  school safety specialist shall earn, or designate one or more
 2406  individuals to earn, certification as a youth mental health
 2407  awareness and assistance trainer. The school safety specialist
 2408  shall ensure that all school personnel within his or her school
 2409  district receive youth mental health awareness and assistance
 2410  training.
 2411         (3)The training program shall include, but is not limited
 2412  to:
 2413         (a)An overview of mental illnesses and substance use
 2414  disorders and the need to reduce the stigma of mental illness.
 2415         (b)Information on the potential risk factors and warning
 2416  signs of emotional disturbance, mental illness, or substance use
 2417  disorders, including, but not limited to, depression, anxiety,
 2418  psychosis, eating disorders, and self-injury, as well as common
 2419  treatments for those conditions and how to assess those risks.
 2420         (c)Information on how to engage at-risk students with the
 2421  skills, resources, and knowledge required to assess the
 2422  situation, and how to identify and encourage the student to use
 2423  appropriate professional help and other support strategies,
 2424  including, but not limited to, peer, social, or self-help care.
 2425         (4)Each school district shall notify all school personnel
 2426  who have received training pursuant to this section of mental
 2427  health services that are available in the school district, and
 2428  the individual to contact if a student needs services. The term
 2429  “mental health services” includes, but is not limited to,
 2430  community mental health services, health care providers, and
 2431  services provided under ss. 1006.04 and 1011.62(17).
 2432         Section 30. Subsection (6) of section 1013.64, Florida
 2433  Statutes, is amended to read:
 2434         1013.64 Funds for comprehensive educational plant needs;
 2435  construction cost maximums for school district capital
 2436  projects.—Allocations from the Public Education Capital Outlay
 2437  and Debt Service Trust Fund to the various boards for capital
 2438  outlay projects shall be determined as follows:
 2439         (6)(a) Each district school board must meet all educational
 2440  plant space needs of its elementary, middle, and high schools
 2441  before spending funds from the Public Education Capital Outlay
 2442  and Debt Service Trust Fund or the School District and Community
 2443  College District Capital Outlay and Debt Service Trust Fund for
 2444  any ancillary plant or any other new construction, renovation,
 2445  or remodeling of ancillary space. Expenditures to meet such
 2446  space needs may include expenditures for site acquisition; new
 2447  construction of educational plants; renovation, remodeling, and
 2448  maintenance and repair of existing educational plants, including
 2449  auxiliary facilities; and the directly related costs of such
 2450  services of school district personnel. It is not the intent of
 2451  the Legislature to preclude the use of capital outlay funding
 2452  for the labor costs necessary to accomplish the authorized uses
 2453  for the capital outlay funding. Day-labor contracts or any other
 2454  educational facilities contracting and construction techniques
 2455  pursuant to s. 1013.45 are authorized. Additionally, if a school
 2456  district has salaried maintenance staff whose duties consist
 2457  solely of performing the labor necessary to accomplish the
 2458  authorized uses for the capital outlay funding, such funding may
 2459  be used for those salaries; however, if a school district has
 2460  salaried staff whose duties consist partially of performing the
 2461  labor necessary to accomplish the authorized uses for the
 2462  capital outlay funding, the district shall prorate the portion
 2463  of salary of each such employee that is based on labor for
 2464  authorized capital outlay funding, and such funding may be used
 2465  to pay that portion.
 2466         (b)1. A district school board may not use funds from the
 2467  following sources: Public Education Capital Outlay and Debt
 2468  Service Trust Fund; School District and Community College
 2469  District Capital Outlay and Debt Service Trust Fund; Classrooms
 2470  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
 2471  levy of ad valorem property taxes provided in s. 1011.71(2);
 2472  Classrooms for Kids Program funds provided in s. 1013.735;
 2473  District Effort Recognition Program funds provided in s.
 2474  1013.736; or High Growth District Capital Outlay Assistance
 2475  Grant Program funds provided in s. 1013.738 for any new
 2476  construction of educational plant space with a total cost per
 2477  student station, including change orders, that equals more than:
 2478         a. $17,952 for an elementary school,
 2479         b. $19,386 for a middle school, or
 2480         c. $25,181 for a high school,
 2481  
 2482  (January 2006) as adjusted annually to reflect increases or
 2483  decreases in the Consumer Price Index.
 2484         2. School districts shall maintain accurate documentation
 2485  related to the costs of all new construction of educational
 2486  plant space reported to the Department of Education pursuant to
 2487  paragraph (d). The Auditor General shall review the
 2488  documentation maintained by the school districts and verify
 2489  compliance with the limits under this paragraph during its
 2490  scheduled operational audits of the school district. The
 2491  department shall make the final determination on district
 2492  compliance based on the recommendation of the Auditor General.
 2493         3. The Office of Economic and Demographic Research, in
 2494  consultation with the department, shall conduct a study of the
 2495  cost per student station amounts using the most recent available
 2496  information on construction costs. In this study, the costs per
 2497  student station should represent the costs of classroom
 2498  construction and administrative offices as well as the
 2499  supplemental costs of core facilities, including required media
 2500  centers, gymnasiums, music rooms, cafeterias and their
 2501  associated kitchens and food service areas, vocational areas,
 2502  and other defined specialty areas, including exceptional student
 2503  education areas. The study must take into account appropriate
 2504  cost-effectiveness factors in school construction and should
 2505  include input from industry experts. The Office of Economic and
 2506  Demographic Research must provide the results of the study and
 2507  recommendations on the cost per student station to the Governor,
 2508  the President of the Senate, and the Speaker of the House of
 2509  Representatives no later than January 31, 2017.
 2510         4. The Office of Program Policy Analysis and Government
 2511  Accountability (OPPAGA) shall conduct a study of the State
 2512  Requirements for Education Facilities (SREF) to identify current
 2513  requirements that can be eliminated or modified in order to
 2514  decrease the cost of construction of educational facilities
 2515  while ensuring student safety. OPPAGA must provide the results
 2516  of the study, and an overall recommendation as to whether SREF
 2517  should be retained, to the Governor, the President of the
 2518  Senate, and the Speaker of the House of Representatives no later
 2519  than January 31, 2017.
 2520         5. Effective July 1, 2017, in addition to the funding
 2521  sources listed in subparagraph 1., a district school board may
 2522  not use funds from any sources for new construction of
 2523  educational plant space with a total cost per student station,
 2524  including change orders, which equals more than the current
 2525  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
 2526  shall subsequently be adjusted annually to reflect increases or
 2527  decreases in the Consumer Price Index. However, if a contract
 2528  has been executed for architectural and design services or for
 2529  construction management services before July 1, 2017, a district
 2530  school board may use funds from any source for the new
 2531  construction of educational plant space and such funds are
 2532  exempt from the total cost per student station requirements.
 2533         6. A district school board must not use funds from the
 2534  Public Education Capital Outlay and Debt Service Trust Fund or
 2535  the School District and Community College District Capital
 2536  Outlay and Debt Service Trust Fund for any new construction of
 2537  an ancillary plant that exceeds 70 percent of the average cost
 2538  per square foot of new construction for all schools.
 2539         (c) Except as otherwise provided, new construction for
 2540  which a contract has been executed for architectural and design
 2541  services or for construction management services by a district
 2542  school board on or after July 1, 2017, may not exceed the cost
 2543  per student station as provided in paragraph (b). A school
 2544  district that exceeds the cost per student station provided in
 2545  paragraph (b), as determined by the Auditor General, shall be
 2546  subject to sanctions. If the Auditor General determines that the
 2547  cost per student station overage is de minimus or due to
 2548  extraordinary circumstances outside the control of the district,
 2549  the sanctions shall not apply. The sanctions are as follows:
 2550         1. The school district shall be ineligible for allocations
 2551  from the Public Education Capital Outlay and Debt Service Trust
 2552  Fund for the next 3 years in which the school district would
 2553  have received allocations had the violation not occurred.
 2554         2. The school district shall be subject to the supervision
 2555  of a district capital outlay oversight committee. The oversight
 2556  committee is authorized to approve all capital outlay
 2557  expenditures of the school district, including new construction,
 2558  renovations, and remodeling, for 3 fiscal years following the
 2559  violation.
 2560         a. Each oversight committee shall be composed of the
 2561  following:
 2562         (I) One appointee of the Commissioner of Education who has
 2563  significant financial management, school facilities
 2564  construction, or related experience.
 2565         (II) One appointee of the office of the state attorney with
 2566  jurisdiction over the district.
 2567         (III) One appointee of the Chief Financial Officer who is a
 2568  licensed certified public accountant.
 2569         b. An appointee to the oversight committee may not be
 2570  employed by the school district; be a relative, as defined in s.
 2571  1002.33(24)(a)2., of any school district employee; or be an
 2572  elected official. Each appointee must sign an affidavit
 2573  attesting to these conditions and affirming that no conflict of
 2574  interest exists in his or her oversight role.
 2575         (d) The department shall:
 2576         1. Compute for each calendar year the statewide average
 2577  construction costs for facilities serving each instructional
 2578  level, for relocatable educational facilities, for
 2579  administrative facilities, and for other ancillary and auxiliary
 2580  facilities. The department shall compute the statewide average
 2581  costs per student station for each instructional level.
 2582         2. Annually review the actual completed construction costs
 2583  of educational facilities in each school district. For any
 2584  school district in which the total actual cost per student
 2585  station, including change orders, exceeds the statewide limits
 2586  established in paragraph (b), the school district shall report
 2587  to the department the actual cost per student station and the
 2588  reason for the school district’s inability to adhere to the
 2589  limits established in paragraph (b). The department shall
 2590  collect all such reports and shall provide these reports to the
 2591  Auditor General for verification purposes.
 2592  
 2593  Cost per student station includes contract costs, legal and
 2594  administrative costs, fees of architects and engineers,
 2595  furniture and equipment, and site improvement costs. Cost per
 2596  student station does not include the cost of purchasing or
 2597  leasing the site for the construction or the cost of related
 2598  offsite improvements. Cost per student station also does not
 2599  include the cost for securing entries, checkpoint construction,
 2600  lighting specifically designed for entry point security,
 2601  security cameras, automatic locks and locking devices,
 2602  electronic security systems, fencing designed to prevent
 2603  intruder entry into a building, bullet-proof glass, or other
 2604  capital construction items approved by the school safety
 2605  specialist to ensure building security for new educational,
 2606  auxiliary, or ancillary facilities; costs for these items must
 2607  be below 2 percent per student station.
 2608         Section 31. For the purpose of incorporating the amendment
 2609  made by this act to section 790.065, Florida Statutes, in a
 2610  reference thereto, subsection (2) of section 397.6760, Florida
 2611  Statutes, is reenacted to read:
 2612         397.6760 Court records; confidentiality.—
 2613         (2) This section does not preclude the clerk of the court
 2614  from submitting the information required by s. 790.065 to the
 2615  Department of Law Enforcement.
 2616         Section 32. For the purpose of incorporating the amendment
 2617  made by this act to section 790.065, Florida Statutes, in a
 2618  reference thereto, paragraph (e) of subsection (3) of section
 2619  790.335, Florida Statutes, is reenacted to read:
 2620         790.335 Prohibition of registration of firearms; electronic
 2621  records.—
 2622         (3) EXCEPTIONS.—The provisions of this section shall not
 2623  apply to:
 2624         (e)1. Records kept pursuant to the recordkeeping provisions
 2625  of s. 790.065; however, nothing in this section shall be
 2626  construed to authorize the public release or inspection of
 2627  records that are made confidential and exempt from the
 2628  provisions of s. 119.07(1) by s. 790.065(4)(a).
 2629         2. Nothing in this paragraph shall be construed to allow
 2630  the maintaining of records containing the names of purchasers or
 2631  transferees who receive unique approval numbers or the
 2632  maintaining of records of firearm transactions.
 2633         Section 33. For the purpose of incorporating the amendment
 2634  made by this act to section 836.10, Florida Statutes, in a
 2635  reference thereto, subsection (1) of section 794.056, Florida
 2636  Statutes, is reenacted to read:
 2637         794.056 Rape Crisis Program Trust Fund.—
 2638         (1) The Rape Crisis Program Trust Fund is created within
 2639  the Department of Health for the purpose of providing funds for
 2640  rape crisis centers in this state. Trust fund moneys shall be
 2641  used exclusively for the purpose of providing services for
 2642  victims of sexual assault. Funds credited to the trust fund
 2643  consist of those funds collected as an additional court
 2644  assessment in each case in which a defendant pleads guilty or
 2645  nolo contendere to, or is found guilty of, regardless of
 2646  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 2647  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 2648  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 2649  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 2650  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 2651  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 2652  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 2653  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 2654  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 2655  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 2656  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 2657  fund also shall include revenues provided by law, moneys
 2658  appropriated by the Legislature, and grants from public or
 2659  private entities.
 2660         Section 34. For the purpose of incorporating the amendment
 2661  made by this act to section 836.10, Florida Statutes, in a
 2662  reference thereto, section 938.085, Florida Statutes, is
 2663  reenacted to read:
 2664         938.085 Additional cost to fund rape crisis centers.—In
 2665  addition to any sanction imposed when a person pleads guilty or
 2666  nolo contendere to, or is found guilty of, regardless of
 2667  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 2668  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 2669  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 2670  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 2671  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 2672  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 2673  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 2674  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 2675  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 2676  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 2677  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 2678  $151. Payment of the surcharge shall be a condition of
 2679  probation, community control, or any other court-ordered
 2680  supervision. The sum of $150 of the surcharge shall be deposited
 2681  into the Rape Crisis Program Trust Fund established within the
 2682  Department of Health by chapter 2003-140, Laws of Florida. The
 2683  clerk of the court shall retain $1 of each surcharge that the
 2684  clerk of the court collects as a service charge of the clerk’s
 2685  office.
 2686         Section 35. For the 2018-2019 fiscal year, the sum of $69,
 2687  237,286 in recurring funds is appropriated from the General
 2688  Revenue Fund to the Department of Education in the Aid to Local
 2689  Governments Grants and Aids – Florida Education Finance Program
 2690  to fund the mental health assistance allocation created pursuant
 2691  to s. 1011.62(16), Florida Statutes.
 2692         Section 36. For the 2018-2019 fiscal year, the sums of
 2693  $500,000 in recurring funds and $6,200,000 in nonrecurring funds
 2694  are appropriated from the General Revenue Fund to the Department
 2695  of Education to implement the youth mental health awareness and
 2696  assistance training as directed pursuant to s. 1012.584, Florida
 2697  Statutes.
 2698         Section 37. For the 2018-2019 fiscal year, the sum of $1
 2699  million in nonrecurring funds is appropriated from the General
 2700  Revenue Fund to the Department of Education for the design and
 2701  construction of a memorial honoring those who lost their lives
 2702  on February 14, 2018, at Marjory Stoneman Douglas High School in
 2703  Broward County. The department shall collaborate with the
 2704  students and faculty of Marjory Stoneman Douglas High School,
 2705  the families of the victims, the Broward County School District,
 2706  and other relevant entities of the Parkland community on the
 2707  design and placement of the memorial.
 2708         Section 38. For the 2018-2019 fiscal year, the sum of
 2709  $25,262,714 in nonrecurring funds is appropriated from the
 2710  General Revenue Fund to the Department of Education for the
 2711  purpose of replacing Building 12, as listed in the Florida
 2712  Inventory of School Houses, at Marjory Stoneman Douglas High
 2713  School in Broward County.
 2714         Section 39. For the 2018-2019 fiscal year, the sums of
 2715  $500,000 in recurring funds and $67 million in nonrecurring
 2716  funds are appropriated from the General Revenue Fund to the
 2717  Department of Education to allocate to sheriffs’ offices who
 2718  establish a school marshal program pursuant to s. 30.15, Florida
 2719  Statutes. The funds shall be used for screening-related and
 2720  training-related costs and providing a one-time stipend of $500
 2721  to school marshals who participate in the school marshal
 2722  program.
 2723         Section 40. For the 2018-2019 fiscal year, three full-time
 2724  equivalent positions, with associated salary rate of 150,000,
 2725  are authorized, and the sum of $344,393 in recurring funds is
 2726  appropriated from the General Revenue Fund to the Department of
 2727  Education to fund the Office of Safe Schools created pursuant to
 2728  s. 1001.212, Florida Statutes.
 2729         Section 41. For the 2018-2019 fiscal year, the sum of
 2730  $97,500,000 in recurring funds is appropriated from the General
 2731  Revenue Fund to the Department of Education in the Aid to Local
 2732  Governments Grants and Aids – Florida Education Finance Program
 2733  category for the safe schools allocation. These funds are in
 2734  addition to the safe schools allocation funds appropriated in
 2735  the Florida Education Finance Program in the Fiscal Year 2018
 2736  2019 General Appropriations Act. From these funds, $187,340
 2737  shall be distributed to each school district and developmental
 2738  research school to increase each school districts’ minimum
 2739  amount to $250,000 when combined with the minimum amount
 2740  appropriated in the 2018-2019 General Appropriations Act.
 2741  Notwithstanding s. 1011.62(15), Florida Statutes, the balance of
 2742  the funds appropriated in this section shall be distributed to
 2743  school districts based on each district’s proportionate share of
 2744  the state’s total unweighted full-time equivalent student
 2745  enrollment. Each school district must use these funds
 2746  exclusively for hiring or contracting for school resource
 2747  officers pursuant to s. 1006.12, Florida Statutes.
 2748         Section 42. For the 2018-2019 fiscal year, the sum of
 2749  $100,000 in recurring funds is appropriated from the General
 2750  Revenue Fund to the Department of Education to competitively
 2751  procure the active shooter training component of the school
 2752  safety specialist training program pursuant to s. 1001.212,
 2753  Florida Statutes.
 2754         Section 43. For the 2018-2019 fiscal year, the sum of
 2755  $98,962,286 in nonrecurring funds is appropriated from the
 2756  General Revenue Fund to the Department of Education to implement
 2757  a grant program that will provide awards to schools to fund, in
 2758  whole or in part, the fixed capital outlay costs associated with
 2759  improving the physical security of school buildings as
 2760  identified by a security risk assessment completed before August
 2761  1, 2018, by a school district or charter school. By August 31,
 2762  2018, the department shall submit the grant guidelines, which
 2763  must include an application submission deadline of no later than
 2764  December 1, 2018, and the specific evaluation criteria, to all
 2765  school districts and charter schools. The department shall award
 2766  grants no later than January 15, 2019, based upon the evaluation
 2767  criteria set forth in the application guidelines.
 2768         Section 44. For the 2018-2019 fiscal year, the sums of
 2769  $300,000 in nonrecurring funds and $100,000 in recurring funds
 2770  are appropriated from the General Revenue Fund to the Department
 2771  of Law Enforcement to competitively procure proposals for the
 2772  development or acquisition of the mobile suspicious activity
 2773  reporting tool pursuant to s. 943.082, Florida Statutes. The
 2774  tool shall be implemented no later than January 31, 2019.
 2775         Section 45. For the 2018-2019 fiscal year, five full-time
 2776  equivalent positions, with associated salary rate of 345,000,
 2777  are authorized and the recurring sum of $600,000 and the
 2778  nonrecurring sum of $50,000 are appropriated from the General
 2779  Revenue Fund to the Department of Law Enforcement to fund the
 2780  operations of the Marjory Stoneman Douglas High School Public
 2781  Safety Commission.
 2782         Section 46. For the 2018-2019 fiscal year, the sum of
 2783  $9,800,000 in recurring funds is appropriated from the General
 2784  Revenue Fund to the Department of Children and Families to
 2785  competitively procure for additional community action treatment
 2786  teams to ensure reasonable access among all counties. The
 2787  department shall consider the geographic location of existing
 2788  community action treatment teams and select providers to serve
 2789  the areas of greatest need.
 2790         Section 47. For the 2018-2019 fiscal year, the sums of
 2791  $18,300,000 in recurring funds are appropriated from the General
 2792  Revenue Fund to the Department of Children and Families to
 2793  competitively procure proposals for additional mobile crisis
 2794  teams to ensure reasonable access among all counties. The
 2795  department shall consider the geographic location of existing
 2796  mobile crisis teams and select providers to serve the areas of
 2797  greatest need.
 2798         Section 48. For the 2018-2019 fiscal year, the sums of
 2799  $18,321 in recurring funds and $225,000 in nonrecurring funds
 2800  are appropriated from the General Revenue Fund to the Department
 2801  of Education in the Special Categories – Teacher and School
 2802  Administrator Death Benefits category to provide for the
 2803  benefits awarded pursuant to s. 112.1915, Florida Statutes, to
 2804  the eligible recipients of the three Marjory Stoneman Douglas
 2805  High School staff members who lost their lives on February 14,
 2806  2018.
 2807         Section 49. For the 2018-2019 fiscal year, the sum of $3
 2808  million in recurring funds is appropriated from the General
 2809  Revenue Fund to the Department of Education to competitively
 2810  procure for the development or acquisition of the centralized
 2811  data repository and analytics resources pursuant to s. 1001.212,
 2812  Florida Statutes. The department shall collaborate with the
 2813  Department of Law Enforcement and school districts to identify
 2814  the requirements and functionality of the data repository and
 2815  analytics resources and shall make such resources available to
 2816  the school districts no later than December 1, 2018.
 2817         Section 50. For the 2018-2019 fiscal year, the sum of $1
 2818  million in nonrecurring funds is appropriated from the General
 2819  Revenue Fund to the Department of Education to competitively
 2820  procure a contract with a third-party security consultant with
 2821  experience in conducting security risk assessments of public
 2822  schools. Contract funds shall be used to review and analyze the
 2823  department’s current security risk assessment tool known as the
 2824  Florida Safe Schools Assessment Tool (FSSAT) and a sample of
 2825  self-assessments conducted by school districts using the FSSAT
 2826  to determine the effectiveness of the recommendations produced
 2827  based upon the FSSAT. The review shall include any recommended
 2828  updates and enhancements with associated costs for their
 2829  implementation to aid districts in developing recommendations to
 2830  address safety and security issues discovered by the FSSAT. The
 2831  department shall submit the completed review to the State Board
 2832  of Education, the Executive Office of the Governor’s Office of
 2833  Policy and Budget, the chair of the Senate Committee on
 2834  Appropriations, and the House of Representatives Appropriations
 2835  Committee no later than January 1, 2019.
 2836         Section 51. Except as otherwise expressly provided in this
 2837  act, this act shall take effect upon becoming a law.