Florida Senate - 2018                   (Proposed Bill) SPB 7026
       FOR CONSIDERATION By the Committee on Rules
       595-03526-18                                          20187026pb
    1                        A bill to be entitled                      
    2         An act relating to school safety; amending s. 20.15,
    3         F.S.; establishing the Office of Safe Schools within
    4         the Department of Education; creating s. 943.687,
    5         F.S.; creating the Commission on School Safety and
    6         Security within the Florida Department of Law
    7         Enforcement; specifying the composition of the
    8         commission; specifying meeting requirements;
    9         authorizing reimbursement for per diem and travel
   10         expenses; providing the duties of the commission;
   11         requiring Florida Department of Law Enforcement staff
   12         to assist the commission; requiring a report to the
   13         Governor, the Cabinet, and the Legislature within a
   14         specified time; creating s. 1000.051, F.S.; providing
   15         legislative intent regarding school safety and
   16         security; creating s. 1001.217, F.S.; creating the
   17         Office of Safe Schools; providing the purpose and
   18         duties of the office; amending ss. 1002.221 and
   19         1002.225, F.S.; providing for construction regarding
   20         the applicability of public records exemptions for
   21         security system plans and security systems; amending
   22         s. 1006.04, F.S.; establishing the Multiagency Service
   23         Network for Students with Severe Emotional
   24         Disturbance; specifying the goals and duties of the
   25         program; authorizing the Legislature to provide
   26         funding to the department to award grants; creating s.
   27         1006.05, F.S.; providing a purpose of the mental
   28         health assistance allocation; requiring that school
   29         districts and charter schools annually develop and
   30         submit certain detailed plans; requiring that approved
   31         charter school plans be provided to the district for
   32         submission to the Commissioner of Education; providing
   33         that required plans must include certain elements;
   34         requiring school districts to annually submit approved
   35         plans to the commissioner by a specified date;
   36         requiring that entities receiving such allocations
   37         annually submit a final report on program outcomes and
   38         specific expenditures to the commissioner by a
   39         specified date; amending s. 1006.07, F.S.; requiring
   40         district school boards to formulate and prescribe
   41         policies and procedures for active shooter situations;
   42         requiring that active shooter situation training for
   43         each school be conducted by the law enforcement agency
   44         or agencies that are designated as first responders to
   45         the school’s campus; requiring each school district to
   46         designate a threat assessment team; requiring each
   47         school district to conduct certain assessments in a
   48         specified format; requiring a district school
   49         superintendent to provide specified entities with
   50         certain findings and certain strategy and activity
   51         recommendations to improve school safety and security;
   52         requiring that district school boards allow campus
   53         tours by such law enforcement agency or agencies at
   54         specified times and for specified purposes; requiring
   55         that certain recommendations be documented by such
   56         board or principal; requiring each district school
   57         board to designate or appoint a district school safety
   58         specialist; providing duties of the school safety
   59         specialist; amending s. 1006.12, F.S.; requiring
   60         district school boards to establish or assign safe
   61         school officers at each district school facility
   62         within the district; requiring school resource
   63         officers and school safety officers to undergo
   64         specified evaluations; specifying that participation
   65         in the Florida Sheriff’s Marshal Program meets the
   66         requirement; creating s. 1006.149, F.S.; establishing
   67         the Public School Emergency Response Learning System
   68         Program within the department; establishing the
   69         program as a partnership between local law enforcement
   70         and public education entities; specifying activities,
   71         training, notification systems, and resources provided
   72         through the program; specifying the creation of a
   73         preemptive plan of action; authorizing funding
   74         provided by the Legislature to implement the program;
   75         creating s. 1006.1491, F.S.; creating the Florida
   76         Sheriff’s Marshal Program within the department;
   77         specifying a purpose; defining terms; establishing
   78         program eligibility requirements; authorizing special
   79         deputy sheriffs to perform certain duties, under
   80         specified circumstances; specifying training and
   81         instructional requirements; specifying grounds for
   82         termination and denial of participants; specifying
   83         implementation requirements; authorizing funding as
   84         provided by the Legislature; creating s. 1006.1493,
   85         F.S.; requiring the department to contract with a
   86         security consulting firm to develop, update, and
   87         implement a risk assessment tool; providing
   88         requirements for the Florida Safe Schools Assessment
   89         Tool; requiring reports, training, and advice in the
   90         security consulting firm contract; requiring a
   91         specified annual report to the Governor and
   92         Legislature by a specified date; providing for
   93         construction regarding the applicability of public
   94         records exemptions for certain security data and
   95         information; amending s. 1011.62, F.S.; expanding the
   96         safe schools allocation to provide funding for
   97         specified school safety provisions; creating the
   98         mental health assistance allocation; providing the
   99         purpose of the allocation; requiring that funds be
  100         allocated annually in the General Appropriations Act;
  101         providing for the annual allocation of such funds on a
  102         specified basis; providing that eligible charter
  103         schools are entitled to a proportionate share;
  104         prohibiting the use of allocated funds to supplant
  105         funds provided from other operating funds, to increase
  106         salaries, or to provide bonuses, except in certain
  107         circumstances; requiring that school districts and
  108         schools maximize certain third-party funding;
  109         providing an effective date.
  111  Be It Enacted by the Legislature of the State of Florida:
  113         Section 1. Paragraph (j) is added to subsection (3) of
  114  section 20.15, Florida Statutes, to read:
  115         20.15 Department of Education.—There is created a
  116  Department of Education.
  117         (3) DIVISIONS.—The following divisions of the Department of
  118  Education are established:
  119         (j) The Office of Safe Schools.
  120         Section 2. Section 943.687, Florida Statutes, is created to
  121  read:
  122         943.687 Commission on School Safety and Security.—
  123         (1) There is created within the Florida Department of Law
  124  Enforcement the Commission on School Safety and Security, a
  125  commission as defined in s. 20.03. The commission shall convene
  126  no later than June 1, 2018, and shall be composed of 15 members.
  127  Five members shall be appointed by the President of the Senate,
  128  five members shall be appointed by the Speaker of the House of
  129  Representatives, and five members shall be appointed by the
  130  Governor. Each appointing authority shall appoint one member
  131  representing law enforcement, one representing schools, one
  132  member representing social service agencies, one member
  133  representing the judiciary, and one member who is a survivor or
  134  the relative of a victim of a mass shooting or a mass violence
  135  incident. Members shall serve at the pleasure of the officer who
  136  appointed the member. A vacancy on the task force shall be
  137  filled in the same manner as the original appointment. The terms
  138  of the members shall be for 1 year.
  139         (2) The Commissioner of the Florida Department of Law
  140  Enforcement shall chair the commission.
  141         (3) The commission shall meet as necessary to conduct its
  142  work at the call of the chair and at the time designated by him
  143  or her at locations throughout the state. The commission may
  144  conduct its meetings through teleconferences or other similar
  145  means.
  146         (4) Members of the task force are entitled to receive
  147  reimbursement for per diem and travel expenses pursuant to s.
  148  112.061.
  149         (5) The commission shall investigate system failures in the
  150  Parkland shooting and prior mass violence incidents and develop
  151  recommendations for system improvements. At a minimum, the
  152  commission shall analyze evidence from the Parkland shooting and
  153  other mass violence incidents in this state and other states to:
  154         (a) Determine the extent to which failures in
  155  communications or coordination contributed to an inability to
  156  prevent deaths and injuries;
  157         (b) Identify available state and local tools and resources,
  158  such as the Florida Department of Law Enforcement Fusion Center
  159  or the Judicial Inquiry System, or other state or local systems
  160  and recommend ways such resources may be used more effectively
  161  to identify risks and threats; and
  162         (c) Recommend changes in procedures or policies necessary
  163  to enhance communication among schools, law enforcement, and
  164  social service agencies.
  165         (6) Florida Department of Law Enforcement staff, as
  166  assigned by the chair, shall assist the commission in performing
  167  its duties. The commission shall consider reports issued by
  168  other governmental and nongovernmental entities, to the extent
  169  such reports are available, in developing its recommendations.
  170         (7) The commission shall complete its work within 1 year
  171  after the date it convenes and submit its recommendations to the
  172  Governor, the Cabinet, the President of the Senate, and the
  173  Speaker of the House of Representatives. The commission may
  174  submit all or part of its recommendations at any time during the
  175  year, but a final report summarizing its recommendations must be
  176  submitted at the completion of its work.
  177         Section 3. Section 1000.051, Florida Statutes, is created
  178  to read:
  179         1000.051 School safety and security.—
  180         (1) Pursuant to the authority granted pursuant to s.
  181  1000.01, the Legislature intends that the provisions of the
  182  Florida K-20 Education Code be liberally construed by the State
  183  Board of Education, the Commissioner of Education, district
  184  school boards, district superintendents, and law enforcement
  185  agencies to the end that student discipline and school safety
  186  policy objectives may be effective.
  187         (2) It is the intent of the Legislature, notwithstanding
  188  any other provision of the Florida K-20 Education Code and rules
  189  adopted pursuant thereto, with the exception of applicable
  190  public records exemption provisions authorized by law pertaining
  191  to exempt, or confidential and exempt, information, that school
  192  district and law enforcement personnel be authorized to take
  193  necessary actions to ensure the fundamental protection and
  194  safety of public school students, personnel, and visitors.
  195         Section 4. Section 1001.217, Florida Statutes, is created
  196  to read:
  197         1001.217 Office of Safe Schools.—There is created within
  198  the Department of Education the Office of Safe Schools, as
  199  required under s. 20.15, which shall be administered by an
  200  executive director.
  201         (1) The office shall be fully accountable to the
  202  Commissioner of Education, but must cooperate and coordinate
  203  with the Board of Governors of the State University System,
  204  public and nonpublic postsecondary institutions, school
  205  districts, public and nonpublic schools, state and local
  206  agencies, community organizations, and other organizations and
  207  persons, as directed by the commissioner.
  208         (2) The purpose of the office is to serve as the state
  209  education agency’s primary coordinating division assigned to
  210  promote and support safe-learning environments by addressing
  211  issues of student safety and academic success at the state,
  212  district, and school levels. In performing these functions, the
  213  office shall, at a minimum:
  214         (a) Function as the state’s primary contact for the
  215  coordination of activities, information, and reporting related
  216  to the implementation of the student discipline and school
  217  safety requirements of subpart I.C of chapter 1006 pertaining to
  218  public K-12 education support for learning and student services,
  219  as well as other requirements of law pertaining to school safety
  220  partnerships and responsibilities, as assigned by the
  221  commissioner.
  222         (b) Function as the state contact and state education
  223  agency coordination office for school district safety
  224  specialists, as assigned pursuant to s. 1006.12, and primary
  225  emergency operations contact staff assigned by Florida College
  226  System institutions, state universities, and other entities
  227  identified by the commissioner.
  228         (c) Coordinate with state and local agencies, school
  229  district personnel, and safety and security experts to establish
  230  safe school and security standards, review school safety and
  231  security plans, establish guidelines regarding school district
  232  appointments to and functions of public school threat assessment
  233  teams and district school safety specialists, and to update risk
  234  assessment procedures, as appropriate.
  235         (d) Develop and implement a training program for district
  236  school safety specialists designated or appointed by a district
  237  school board pursuant to s. 1006.07(8). Training program
  238  elements must include, but need not be limited to, school safety
  239  specialist participation in active shooter situation training
  240  conducted pursuant to s. 1006.07(4)(b), campus tours performed
  241  pursuant to s. 1006.07(7), program activities of the Public
  242  School Emergency Response Learning System Program established
  243  pursuant to s. 1006.149, and training associated with the
  244  Florida Safe Schools Assessment Tool provided pursuant to s.
  245  1006.1493.
  246         Section 5. Subsection (3) is added to section 1002.221,
  247  Florida Statutes, to read:
  248         1002.221 K-12 education records; public records exemption.—
  249         (3)This section does not limit the application of
  250  exemptions from public records requirements for security system
  251  plans and public security systems, including security footage,
  252  or other information that would relate to or reveal the location
  253  or capabilities of such systems, provided under ss.
  254  119.071(3)(a) and 281.301.
  255         Section 6. Subsection (4) is added to section 1002.225,
  256  Florida Statutes, to read:
  257         1002.225 Education records of students in public
  258  postsecondary educational institutions; penalty.—
  259         (4)This section does not limit the application of
  260  exemptions from public records requirements for security system
  261  plans and public security systems, including security footage,
  262  or other information that would relate to or reveal the location
  263  or capabilities of such systems, provided under ss.
  264  119.071(3)(a) and 281.301.
  265         Section 7. Section 1006.04, Florida Statutes, is amended to
  266  read:
  267         1006.04 Educational multiagency services for students with
  268  severe emotional disturbance.—
  269         (1)(a) The Legislature recognizes that an intensive,
  270  integrated educational program,; a continuum of mental health
  271  treatment services,; and, when needed, residential services are
  272  necessary to enable students with severe emotional disturbance
  273  to develop appropriate behaviors and demonstrate academic and
  274  career education skills. The small incidence of severe emotional
  275  disturbance in the total school population requires multiagency
  276  programs to provide access to appropriate services for all
  277  students with severe emotional disturbance. District school
  278  boards should provide educational programs, and state
  279  departments and agencies administering children’s mental health
  280  funds should provide mental health treatment and residential
  281  services when needed, forming a multiagency network to provide
  282  support for students with severe emotional disturbance. To
  283  facilitate solutions to these issues, the Multiagency Service
  284  Network for Students with Severe Emotional Disturbance (SEDNET)
  285  is established as a function of the department in partnership
  286  with other state, regional, and local partners as a statewide
  287  network of regional projects comprised of major child-serving
  288  agencies, community-based service providers, and students and
  289  their families.
  290         (2) Under the leadership and guidance of the department,
  291  the fundamental goal of SEDNET and its partners shall be to
  292  facilitate the process of cross system collaboration and
  293  inclusion of families as full partners. At a minimum, SEDNET
  294  shall:
  295         (a) Focus on developing interagency collaboration and
  296  sustaining partnerships among professionals and families in the
  297  education, mental health, substance abuse, child welfare, and
  298  juvenile justice systems serving children and youth with, and at
  299  risk of, emotional and behavioral disabilities.
  300         (b) Provide technical assistance and support in building
  301  service capacity within regional areas and collaborate in
  302  related state level activities impacting system of care.
  303         (c) Serve as a collaborative resource for school districts,
  304  agencies, and families working to promote positive educational
  305  and community-based outcomes for children.
  306         (3)(b) The program goals for each component of SEDNET the
  307  multiagency network are to enable students with severe emotional
  308  disturbance to learn appropriate behaviors, reduce dependency,
  309  and fully participate in all aspects of school and community
  310  living; to develop individual programs for students with severe
  311  emotional disturbance, including necessary educational,
  312  residential, and mental health treatment services; to provide
  313  programs and services as close as possible to the student’s home
  314  in the least restrictive manner consistent with the student’s
  315  needs; and to integrate a wide range of services necessary to
  316  support students with severe emotional disturbance and their
  317  families.
  318         (4)(2) The Legislature may provide funding for the
  319  department to may award grants to district school boards for
  320  statewide planning and development of SEDNET the multiagency
  321  network for students with severe emotional disturbance. The
  322  educational services shall be provided in a manner consistent
  323  with the requirements of ss. 402.22 and 1003.57.
  324         (5)(3) State departments and agencies may use appropriate
  325  funds for SEDNET the multiagency network for students with
  326  severe emotional disturbance.
  327         Section 8. Section 1006.05, Florida Statutes, is created to
  328  read:
  329         1006.05 Mental health assistance allocation
  330  specifications.—Pursuant to s. 1011.62(17), the mental health
  331  assistance allocation is created to provide supplemental funding
  332  to assist school districts and charter schools in establishing
  333  or expanding comprehensive mental health programs that increase
  334  awareness of mental health issues among children and school-age
  335  youth; to train educators and other school staff in detecting
  336  and responding to mental health issues; and to connect children,
  337  youth, and families who may experience behavioral or mental
  338  health issues with appropriate services.
  339         (1) Funding provided pursuant to s. 1011.62(16) shall be
  340  allocated in accordance with the following:
  341         (a)Before the distribution of the allocation:
  342         1. The district must annually develop and submit a detailed
  343  plan outlining the local program and planned expenditures to the
  344  district school board for approval.
  345         2. A charter school must annually develop and submit a
  346  detailed plan outlining the local program and planned
  347  expenditures of the funds in the plan to its governing body for
  348  approval. After the plan is approved by the governing body, it
  349  must be provided to its school district for submission to the
  350  commissioner.
  351         (b) The plans required under paragraph (a) must include, at
  352  a minimum, the elements in subparagraphs 1., 2., and 3., and the
  353  districts and charter schools are strongly encouraged to include
  354  in their respective plans the elements specified in
  355  subparagraphs 4., 5., and 6., as follows:
  356         1. A contract or a memorandum of understanding with at
  357  least one local nationally accredited community behavioral
  358  health provider or a provider of Community Action Team services
  359  to provide a behavioral health staff presence and services at
  360  district schools. Services may include, but are not limited to,
  361  mental health screenings and assessments, individual counseling,
  362  family counseling, group counseling, psychiatric or
  363  psychological services, trauma-informed care, mobile crisis
  364  services, and behavior modification. These behavioral health
  365  services may be provided on or off the school campus and may be
  366  supplemented by telehealth;
  367         2.Training opportunities in Mental Health First Aid or
  368  other similar nationally recognized evidence-based training
  369  programs for all school personnel who have contact with
  370  students. The training must cover risk factors and warning signs
  371  for mental health and addiction concerns, strategies for
  372  providing assistance to individuals in both crisis and non
  373  crisis situations, and the use of referral mechanisms that
  374  effectively link individuals to appropriate treatment and
  375  intervention services in the school and in the community. Topics
  376  covered should include depression and mood disorders, anxiety
  377  disorders, trauma, psychosis, substance use disorders, and
  378  suicide prevention;
  379         3. A mental health crisis intervention strategy that
  380  provides for prompt resolution of identified, immediate threats
  381  within district schools, including Baker Act referrals and
  382  notification of law enforcement personnel, as appropriate;
  383         4. Programs to assist students in dealing with anxiety,
  384  depression, bullying, trauma, and violence;
  385         5. Strategies or programs to reduce the likelihood of at
  386  risk students developing social, emotional, or behavioral health
  387  problems; suicidal tendencies; or substance use disorders; and
  388         6. Strategies to improve the early identification of
  389  social, emotional, or behavioral problems or substance use
  390  disorders and to improve the provision of early intervention
  391  services.
  392         (c)The districts shall submit approved plans to the
  393  commissioner by August 1 of each year.
  394         (2) Beginning September 30, 2019, and by each September 30
  395  thereafter, each entity that receives an allocation under this
  396  section and s. 1011.62(16) shall submit to the commissioner, in
  397  a format prescribed by the department, a final report on its
  398  program outcomes and its expenditures for each element of the
  399  program. At a minimum, the report must include the number of
  400  each of the following:
  401         (a) Students who receive screenings or assessments.
  402         (b) Students who are referred for services or assistance.
  403         (c) Students who receive services or assistance.
  404         (d) Parents or guardians notified.
  405         (e) School personnel who are trained to engage in the
  406  services, techniques, strategies, or programs identified in the
  407  plan required under this section.
  408         Section 9. Subsections (4) and (6) of section 1006.07,
  409  Florida Statutes, are amended, and subsections (7) and (8) are
  410  added to that section, to read:
  411         1006.07 District school board duties relating to student
  412  discipline and school safety.—The district school board shall
  413  provide for the proper accounting for all students, for the
  414  attendance and control of students at school, and for proper
  415  attention to health, safety, and other matters relating to the
  416  welfare of students, including:
  418         (a) Formulate and prescribe policies and procedures for
  419  emergency drills and for actual emergencies, including, but not
  420  limited to, fires, natural disasters, hostage and active shooter
  421  situations, and bomb threats, for all the public schools of the
  422  district which comprise grades K-12. District school board
  423  policies shall include commonly used alarm system responses for
  424  specific types of emergencies and verification by each school
  425  that drills have been provided as required by law and fire
  426  protection codes. The emergency response agency that is
  427  responsible for notifying the school district for each type of
  428  emergency must be listed in the district’s emergency response
  429  policy.
  430         (b) Establish model emergency management and emergency
  431  preparedness procedures, including emergency notification
  432  procedures pursuant to paragraph (a), for the following life
  433  threatening emergencies:
  434         1. Weapon-use, and hostage, and active shooter situations.
  435  The active shooter situation training for each school must
  436  engage the participation of the district school safety
  437  specialist, threat assessment team members, faculty, staff, and
  438  students and must be conducted by the law enforcement agency or
  439  agencies that are designated as first responders to the school’s
  440  campus.
  441         2. Hazardous materials or toxic chemical spills.
  442         3. Weather emergencies, including hurricanes, tornadoes,
  443  and severe storms.
  444         4. Exposure as a result of a manmade emergency.
  445         (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
  446  district shall: Use the Safety and Security Best Practices
  447  developed by the Office of Program Policy Analysis and
  448  Government Accountability to
  449         (a) Designate a threat assessment team, in accordance with
  450  guidelines established by the Office of Safe Schools, at each
  451  school in the district. The threat assessment team shall operate
  452  under the direction of the district school safety specialist.
  453         (b) Conduct security risk assessments in accordance with s.
  454  1006.1493 at each public school and conduct a self-assessment of
  455  the school districts’ current safety and security practices
  456  using a format prescribed by the department. Based on these
  457  self-assessment findings, the district school superintendent
  458  shall provide recommendations to the district school board which
  459  identify strategies and activities that the district school
  460  board should implement in order to improve school safety and
  461  security. Annually each district school board must receive such
  462  findings and the superintendent’s recommendations the self
  463  assessment results at a publicly noticed district school board
  464  meeting to provide the public an opportunity to hear the
  465  district school board members discuss and take action on the
  466  report findings and recommendations. Each district school
  467  superintendent shall report such findings the self-assessment
  468  results and school board action to the commissioner within 30
  469  days after the district school board meeting.
  470         (c) Develop a plan, in a format prescribed by the
  471  department, which includes a secure, single point of entry onto
  472  school grounds.
  473         (7) SAFETY IN CONSTRUCTION PLANNING.—A district school
  474  board must allow the law enforcement agency or agencies that are
  475  designated as first responders to the district’s campus and
  476  school’s campuses to tour such campuses once every 3 years. Any
  477  changes related to school safety and emergency issues
  478  recommended by a law enforcement agency based on a campus tour
  479  must be documented by the district school board.
  480         (8) DISTRICT SCHOOL SAFETY SPECIALIST.—A district school
  481  board shall designate or appoint a district school safety
  482  specialist to serve at the direction of the superintendent as
  483  the district’s primary point of public contact regarding the
  484  district’s coordination, communication, and implementation of
  485  policies, procedures, responsibilities, and reporting related to
  486  district and public school safety functions. The school safety
  487  specialist shall do all of the following:
  488         (a) Coordinate with the Office of Safe Schools, established
  489  pursuant to s. 1001.217.
  490         (b) Facilitate the collection and dissemination of
  491  information among and between the school district, school
  492  personnel, students and their families, state and local law
  493  enforcement agencies, community health entities, and other state
  494  and community partners.
  495         (c) Maintain records and reports and facilitate the
  496  implementation of policies regarding the respective duties and
  497  responsibilities of the school districts, superintendents, and
  498  principals and reporting regarding student discipline and school
  499  safety requirements.
  500         (d) Oversee and coordinate threat assessment teams and
  501  provide a coordinated approach to evaluating and responding to
  502  students who pose, or appear to pose, a credible potential
  503  threat of violence or harm to themselves or others.
  504         (e) Perform other responsibilities assigned by the
  505  superintendent and requested by the Office of Safe Schools to
  506  facilitate and coordinate the effective implementation of
  507  student discipline and school safety requirements.
  508         Section 10. Section 1006.12, Florida Statutes, is amended
  509  to read:
  510         1006.12 Safe-school resource officers at each public school
  511  and school safety officers.—For the protection and safety of
  512  school personnel, property, students, and visitors, each
  513  district school board and school district superintendent shall
  514  cooperate with law enforcement agencies to establish or assign
  515  one or more safe-school officers at each school facility within
  516  the district, by implementing any combination of the following
  517  options:
  518         (1) District school boards may Establish school resource
  519  officer programs, through a cooperative agreement with law
  520  enforcement agencies or in accordance with subsection (2).
  521         (a) School resource officers shall undergo criminal
  522  background checks, drug testing, and a psychological evaluation
  523  and be certified law enforcement officers, as defined in s.
  524  943.10(1), who are employed by a law enforcement agency as
  525  defined in s. 943.10(4). The powers and duties of a law
  526  enforcement officer shall continue throughout the employee’s
  527  tenure as a school resource officer.
  528         (b) School resource officers shall abide by district school
  529  board policies and shall consult with and coordinate activities
  530  through the school principal, but shall be responsible to the
  531  law enforcement agency in all matters relating to employment,
  532  subject to agreements between a district school board and a law
  533  enforcement agency. Activities conducted by the school resource
  534  officer which are part of the regular instructional program of
  535  the school shall be under the direction of the school principal.
  536         (2) Commission one or more school safety officers for the
  537  protection and safety of school personnel, property, and
  538  students within the school district. The district school
  539  superintendent may recommend, and the district school board may
  540  appoint, one or more school safety officers.
  541         (2)(a) School safety officers shall undergo criminal
  542  background checks, drug testing, and a psychological evaluation
  543  and be law enforcement officers, as defined in s. 943.10(1),
  544  certified under the provisions of chapter 943 and employed by
  545  either a law enforcement agency or by the district school board.
  546  If the officer is employed by the district school board, the
  547  district school board is the employing agency for purposes of
  548  chapter 943, and must comply with the provisions of that
  549  chapter.
  550         (b) A district school board may commission one or more
  551  school safety officers for the protection and safety of school
  552  personnel, property, and students within the school district.
  553  The district school superintendent may recommend and the
  554  district school board may appoint one or more school safety
  555  officers.
  556         (b)(c) A school safety officer has and shall exercise the
  557  power to make arrests for violations of law on district school
  558  board property and to arrest persons, whether on or off such
  559  property, who violate any law on such property under the same
  560  conditions that deputy sheriffs are authorized to make arrests.
  561  A school safety officer has the authority to carry weapons when
  562  performing his or her official duties.
  563         (c)(d) A district school board may enter into mutual aid
  564  agreements with one or more law enforcement agencies as provided
  565  in chapter 23. A school safety officer’s salary may be paid
  566  jointly by the district school board and the law enforcement
  567  agency, as mutually agreed to.
  568         (3) Participate in the Florida Sheriff’s Marshal Program,
  569  established pursuant to s. 1006.1491. Upon a participant’s
  570  completion of the program, the district school board shall
  571  designate a special deputy sheriff, as appointed by the sheriff
  572  as a law enforcement officer certified under chapter 943,
  573  pursuant to s. 30.072(2).
  574         Section 11. Section 1006.149, Florida Statutes, is created
  575  to read:
  576         1006.149 Public School Emergency Response Learning System
  577  Program.—
  578         (1) The Public School Emergency Response Learning System
  579  Program is established to assist school personnel in preparing
  580  for and responding to active emergency situations and to
  581  implement local notification systems for all Florida public
  582  schools, with the ultimate goal of preventing tragedy and the
  583  loss of life through proactive strategies.
  584         (2) The program is created within the department and shall
  585  be administered by the Office of Safe Schools, established
  586  pursuant to s. 1001.217. Through the program, local law
  587  enforcement agencies shall partner with participating public
  588  preschools, public child care providers, or public school
  589  districts and schools. Training, notifications, and resources
  590  must be available for school personnel and students and their
  591  families through, at minimum, the following mechanisms:
  592         (a) Activities and direct training to mitigate risk and
  593  save lives in emergency situations, such as lockdown, bomb
  594  threat, active shooter, and other emergency situations.
  595         (b) Vital local notification systems implemented to alert
  596  schools of imminent danger.
  597         (c) Other resources provided in conjunction with the
  598  training including, but not limited to, an emergency plan flip
  599  chart, communication cards, instructional resources, activity
  600  books for children and teachers, and certificates of training
  601  and completion.
  602         (3) Each program participant must develop a preemptive plan
  603  of action that includes multiple options for addressing various
  604  situations based on the form of danger present and the unique
  605  needs and circumstances of each school and its faculty, staff,
  606  students, and visitors.
  607         (4) A school district must include in its emergency
  608  notification procedures established pursuant to s. 1006.07 any
  609  program participant who notifies the district of his or her
  610  desire to participate.
  611         (5) Funding for program activities may be provided by the
  612  Legislature to implement this section.
  613         Section 12. Section 1006.1491, Florida Statutes, is created
  614  to read:
  615         1006.1491Florida Sheriff’s Marshal Program.—The Florida
  616  Sheriff’s Marshal Program is created within the department as a
  617  voluntary program to assist school districts and public schools
  618  in enhancing the safety and security of students, faculty,
  619  staff, and visitors to Florida’s public schools and campuses.
  620  The program is administered by the Office of Safe Schools,
  621  established pursuant to s. 1001.217.
  622         (1) PURPOSE.—The purpose of the program is to provide
  623  comprehensive firearm safety and proficiency training for
  624  selected faculty and staff strategically focused on providing
  625  security on campus during an active assailant incident. Public
  626  school faculty and staff who voluntarily participate in and
  627  complete the program, as recommended by the school district, are
  628  designated as special deputy sheriffs with all rights,
  629  responsibilities, and obligations in carrying concealed firearms
  630  on campus, as authorized pursuant to s. 30.09.
  631         (2) DEFINITIONS.—As used in this section, the term:
  632         (a) “Active assailant incident” means a situation in which
  633  an armed assailant is posing an immediate deadly threat to
  634  persons on the premises or campus of a public school.
  635         (b) “Campus” means a school, as defined in s. 1003.01(2),
  636  and facilities and school plants operated and controlled by a
  637  public school district in accordance with s. 1003.02.
  638         (c) “Partnership agreement” means a jointly-approved
  639  contract between the sheriff operating the program and the
  640  superintendent of a participating school district sponsor.
  641         (d) “Program” means a Florida Sheriff’s Marshal Program as
  642  established and administered by a sheriff in accordance with
  643  this section.
  644         (e) “Sheriff” means the county sheriff constitutional
  645  officer elected or appointed in accordance with chapter 30.
  646         (f) “Sheriff’s marshal” means a faculty or staff member who
  647  is recommended and sponsored by a school district and has been
  648  successfully screened and approved by the sheriff to participate
  649  in a program.
  650         (g) “Special deputy sheriff” means a program participant
  651  who has successfully completed the program and who is appointed
  652  as a law enforcement officer in the same manner as a deputy
  653  sheriff as provided in s. 30.072(2) and certified under chapter
  654  943.
  655         (3) PROGRAM ELIGIBILITY.—At a minimum, program eligibility
  656  and participation requirements must include:
  657         (a) A school district may sponsor and recommend to the
  658  sheriff public school faculty and staff members as candidates
  659  for voluntary participation in the program. The sheriff shall
  660  establish timelines and requirements for participation through a
  661  partnership agreement with the sponsoring school district
  662  superintendent. To be eligible for consideration and
  663  recommendation, a candidate must be licensed in accordance with
  664  s. 790.06.
  665         (b) After screening a candidate, including performing
  666  criminal background checks, drug testing, and a psychological
  667  evaluation, the sheriff may approve a candidate to participate
  668  in the program as a sheriff’s marshal.
  669         (c) Upon successful completion of the program, a sheriff’s
  670  marshal may be appointed by the sheriff as a special deputy
  671  sheriff for the limited purpose of responding to an active
  672  assailant incident on a campus of his or her school district
  673  during an active assailant incident.
  674         (4) SPECIAL DEPUTY SHERIFF.—
  675         (a) At a minimum, the partnership agreement must provide
  676  that a special deputy sheriff:
  677         1. Must participate in and complete the program’s
  678  professional training requirements as a precondition to meeting
  679  the legal requirements of chapter 30 to be eligible to carry a
  680  concealed firearm on a campus of his or her sponsoring school
  681  district.
  682         2. May not act in any law enforcement capacity outside of
  683  an active assailant incident on a school district campus and
  684  does not have any authority in a law enforcement capacity off
  685  campus in any way, except as otherwise expressly authorized by
  686  law.
  687         3. May carry concealed, approved firearms on campus. The
  688  firearms must be specifically purchased and issued for the sole
  689  purpose of the program. Only concealed carry safety holsters and
  690  firearms approved by the sheriff may be used under the program.
  691         4. Must successfully complete training with the sheriff’s
  692  office before his or her appointment as a special deputy
  693  sheriff, including meeting the requirements of this section.
  694         (b) The appointment of a person as a special deputy sheriff
  695  does not entitle the person to the special risk category that
  696  applies to law enforcement officers pursuant to s. 121.0515.
  697         (5) TRAINING AND INSTRUCTION.—All training must be
  698  conducted by Criminal Justice Standards Training Commission
  699  certified instructors.
  700         (a) Required instruction must include 132 total hours of
  701  comprehensive firearm safety and proficiency training in the
  702  following topics:
  703         1. Firearms: 80-hour block of instruction. The firearms
  704  instruction must be based on the CJSTC Law Enforcement Academy
  705  training model and must be enhanced to include 10 percent to 20
  706  percent more rounds fired by each program participant beyond the
  707  minimum average of approximately 1,000 training rounds
  708  associated with academy training. Program participants must
  709  achieve an 85 percent pass rate on the firearms training.
  710         2. Firearms precision pistol: 16-hour block of instruction.
  711         3. Firearms discretionary shooting: 4-hour block of
  712  instruction using state-of-the-art simulator exercises.
  713         4. Active shooter or assailant: 8-hour block of
  714  instruction.
  715         5. Defensive tactics: 4-hour block of instruction.
  716         6. Legal or high liability: 20-hour block of instruction.
  717         (b) Program participants may complete an optional, 16-hour
  718  precision pistol course as additional training.
  719         (c) Ongoing and annual proficiency retraining must be
  720  conducted by the sheriff, as specified in the agreement.
  721         (6) PARTICIPATION DENIAL OR TERMINATION.—The sheriff or the
  722  district superintendent may deny or terminate a sheriff’s
  723  marshal or special deputy sheriff’s participation in the program
  724  for any reason, including, but not limited to, any of the
  725  following circumstances:
  726         (a) An arrest or filing of criminal charges against a
  727  program participant by a law enforcement agency.
  728         (b) The service of process on the program participant as
  729  the respondent of an injunction for protection.
  730         (c) The involuntarily placement of the program participant
  731  in a treatment facility for a mental health examination under
  732  The Baker Act.
  733         (d) A violation of sheriff PCSO General Orders by the
  734  program participant.
  735         (e) A violation of the school district’s code of conduct or
  736  employee handbook or policy by the program participant.
  737         (7) IMPLEMENTATION.—
  738         (a) The sheriff shall maintain documentation of weapon and
  739  equipment inspections, as well as the training, certification,
  740  inspection, and qualification records of each program
  741  participant.
  742         (b) Each program participant must be distinctly and
  743  visually identifiable to responding law enforcement officers,
  744  faculty, staff, and students, in the case of any active
  745  assailant incident on a sponsoring school district’s campus.
  746         (c) Each sheriff’s marshal must execute a volunteer
  747  agreement with the sheriff’s office outlining duties and
  748  responsibilities.
  749         (d) A sponsoring school district must conduct awareness
  750  training about the program for all school district faculty and
  751  staff members.
  752         (e) Specific implementation requirements, responsibilities,
  753  and other aspects of implementation must be specified in a
  754  partnership agreement.
  755         (8) FUNDING.—The costs of program participation must be
  756  established in the partnership agreement. Funding may be
  757  provided by the Legislature to support school district and
  758  sheriff office administration, sponsorship, participation, and
  759  implementation of this section.
  760         Section 13. Section 1006.1493, Florida Statutes, is created
  761  to read:
  762         1006.1493 Florida Safe Schools Assessment Tool.—
  763         (1) The department shall contract with a security
  764  consulting firm that specializes in the development of risk
  765  assessment software solutions and has experience in conducting
  766  security assessments of public facilities to develop, update,
  767  and implement a risk assessment tool, which shall be known as
  768  the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must
  769  be used by school officials at each school district and public
  770  school site in the state in conducting security assessments for
  771  use by school officials at each school district and public
  772  school site in the state.
  773         (2) The FSSAT must help school officials identify threats,
  774  vulnerabilities, and appropriate safety controls for the schools
  775  that they supervise, pursuant to the security risk assessment
  776  requirements of s. 1006.07(6).
  777         (a) At minimum, the FSSAT must address all of the following
  778  components:
  779         1. School emergency and crisis preparedness planning;
  780         2. Security, crime, and violence prevention policies and
  781  procedures;
  782         3. Physical security measures;
  783         4. Professional development training needs;
  784         5. An examination of support service roles in school
  785  safety, security, and emergency planning;
  786         6. School security and school police staffing, operational
  787  practices, and related services;
  788         7. School and community collaboration on school safety; and
  789         8. A return on investment analysis of the recommended
  790  physical security controls.
  791         (b) The department shall require by contract that the
  792  security consulting firm:
  793         1. Generate written automated reports on assessment
  794  findings for review by the department and school and district
  795  officials;
  796         2. Provide training to the department and school officials
  797  in the use of the FSSAT and other areas of importance identified
  798  by the department; and
  799         3. Advise in the development and implementation of
  800  templates, formats, guidance, and other resources necessary to
  801  facilitate the implementation of this section at state,
  802  district, school, and local levels.
  803         (3) By December 1, 2018, and annually by that date
  804  thereafter, the department must report to the Governor, the
  805  President of the Senate, and the Speaker of the House of
  806  Representatives on the status of implementation across school
  807  districts and schools. The report must include a summary the
  808  positive school safety measures in place at the time of the
  809  assessment and any recommendations for policy changes or funding
  810  needed to facilitate continued school safety planning,
  811  improvement, and response at the state, district, or school
  812  levels.
  813         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
  814  and information related to security risk assessments
  815  administered pursuant to this section and s. 1006.07(6) and the
  816  security information contained in the annual report required
  817  pursuant to subsection (3) are confidential and exempt from
  818  public records requirements.
  819         Section 14. Subsections (16) and (17) of section 1011.62,
  820  Florida Statutes, are redesignated as subsections (17) and (18),
  821  respectively, subsections (14) and (15) are amended, and a new
  822  subsection (16) is added to that section, to read:
  823         1011.62 Funds for operation of schools.—If the annual
  824  allocation from the Florida Education Finance Program to each
  825  district for operation of schools is not determined in the
  826  annual appropriations act or the substantive bill implementing
  827  the annual appropriations act, it shall be determined as
  828  follows:
  829         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  830  annually in the General Appropriations Act determine a
  831  percentage increase in funds per K-12 unweighted FTE as a
  832  minimum guarantee to each school district. The guarantee shall
  833  be calculated from prior year base funding per unweighted FTE
  834  student which shall include the adjusted FTE dollars as provided
  835  in subsection (17) (16), quality guarantee funds, and actual
  836  nonvoted discretionary local effort from taxes. From the base
  837  funding per unweighted FTE, the increase shall be calculated for
  838  the current year. The current year funds from which the
  839  guarantee shall be determined shall include the adjusted FTE
  840  dollars as provided in subsection (17) (16) and potential
  841  nonvoted discretionary local effort from taxes. A comparison of
  842  current year funds per unweighted FTE to prior year funds per
  843  unweighted FTE shall be computed. For those school districts
  844  which have less than the legislatively assigned percentage
  845  increase, funds shall be provided to guarantee the assigned
  846  percentage increase in funds per unweighted FTE student. Should
  847  appropriated funds be less than the sum of this calculated
  848  amount for all districts, the commissioner shall prorate each
  849  district’s allocation. This provision shall be implemented to
  850  the extent specifically funded.
  851         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  852  created to provide funding to assist school districts in their
  853  compliance with subpart I.C of chapter 1006 ss. 1006.07
  854  1006.148, with priority given to satisfying the requirement of
  855  establishing or assigning at least one safe-school officer at
  856  each school facility within the district a school resource
  857  officer program pursuant to s. 1006.12. Each school district
  858  shall receive a minimum safe schools allocation in an amount
  859  provided in the General Appropriations Act. Of the remaining
  860  balance of the safe schools allocation, two-thirds shall be
  861  allocated to school districts based on the most recent official
  862  Florida Crime Index provided by the Department of Law
  863  Enforcement and one-third shall be allocated based on each
  864  school district’s proportionate share of the state’s total
  865  unweighted full-time equivalent student enrollment.
  866         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
  867  assistance allocation is created to provide funding to assist
  868  school districts and charter schools in their compliance with
  869  the requirements and specifications established in s. 1006.05.
  870  These funds must be allocated annually in the General
  871  Appropriations Act to each eligible school district and
  872  developmental research school based on each entity’s
  873  proportionate share of Florida Education Finance Program base
  874  funding, in accordance with s. 1006.05. The district funding
  875  allocation must include a minimum amount, as provided in the
  876  General Appropriations Act. Eligible charter schools are
  877  entitled to a proportionate share of district funding for the
  878  program. The allocated funds may not supplant funds that are
  879  provided for this purpose from other operating funds and may not
  880  be used to increase salaries or provide bonuses, except for
  881  personnel hired to implement the plans required by s. 1006.05.
  882  School districts and schools must maximize third-party funding
  883  from Medicaid and private insurance when appropriate.
  884         Section 15. This act shall take effect July 1, 2018.