Florida Senate - 2018 (Proposed Bill) SPB 7026
FOR CONSIDERATION By the Committee on Rules
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
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
146 (4) Members of the task force are entitled to receive
147 reimbursement for per diem and travel expenses pursuant to s.
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
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.
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
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
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
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
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
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
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:
417 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
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
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
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 s chool safet y 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
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
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
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
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 1006.1491 Florida 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
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
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
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
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
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
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
779 1. School emergency and crisis preparedness planning;
780 2. Security, crime, and violence prevention policies and
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
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
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
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.