Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 7030
       
       
       
       
       
       
                                Ì684762=Î684762                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/17/2019 12:18 PM       .                                
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (k) of subsection (1) of section
    6  30.15, Florida Statutes, is amended to read:
    7         30.15 Powers, duties, and obligations.—
    8         (1) Sheriffs, in their respective counties, in person or by
    9  deputy, shall:
   10         (k) Assist district school boards and charter school
   11  governing boards in complying with s. 1006.12. A sheriff must,
   12  at a minimum, provide access to establish, if the sheriff so
   13  chooses, a Coach Aaron Feis Guardian Program to aid in the
   14  prevention or abatement of active assailant incidents on school
   15  premises, as required under this paragraph. Persons certified as
   16  school guardians pursuant to this paragraph have no authority to
   17  act in any law enforcement capacity except to the extent
   18  necessary to prevent or abate an active assailant incident.
   19         1.a. If a local school board has voted by a majority to
   20  implement a guardian program, the sheriff in that county shall
   21  establish a guardian program to provide training, pursuant to
   22  subparagraph 2., to school district or charter school employees,
   23  either directly or through a contract with another sheriff’s
   24  office that has established a guardian program.
   25         b. A charter school governing board in a school district
   26  that has not voted, or has declined, to implement a guardian
   27  program may request the sheriff in the county to establish a
   28  guardian program for the purpose of training the charter school
   29  employees. If the county sheriff denies the request, the charter
   30  school governing board may contract with a sheriff that has
   31  established a guardian program to provide such training. The
   32  charter school governing board must notify the superintendent
   33  and the sheriff in the charter school’s county of the contract
   34  prior to its execution.
   35         c. The sheriff conducting the training pursuant to
   36  subparagraph 2. will be reimbursed for screening-related and
   37  training-related costs and for providing a one-time stipend of
   38  $500 to each school guardian who participates in the school
   39  guardian program A school guardian has no authority to act in
   40  any law enforcement capacity except to the extent necessary to
   41  prevent or abate an active assailant incident on a school
   42  premises.
   43         2. A Excluded from participating in the Coach Aaron Feis
   44  Guardian Program are individuals who exclusively perform
   45  classroom duties as classroom teachers as defined in s.
   46  1012.01(2)(a). This limitation does not apply to classroom
   47  teachers of a Junior Reserve Officers’ Training Corps program, a
   48  current servicemember, as defined in s. 250.01, or a current or
   49  former law enforcement officer, as defined in s. 943.10(1), (6),
   50  or (8). The sheriff who establishes a chooses to establish the
   51  program shall consult with the Department of Law Enforcement on
   52  programmatic guiding principles, practices, and resources, and
   53  shall certify appoint as school guardians, without the power of
   54  arrest, school employees, as specified in s. 1006.12(3), who
   55  volunteer and who:
   56         a.1. Hold a valid license issued under s. 790.06.
   57         b.2. Complete a 144-hour training program, consisting of 12
   58  hours of a certified nationally recognized diversity training
   59  and 132 total hours of comprehensive firearm safety and
   60  proficiency training conducted by Criminal Justice Standards and
   61  Training Commission-certified instructors, which must include:
   62         (I)a. Eighty hours of firearms instruction based on the
   63  Criminal Justice Standards and Training Commission’s Law
   64  Enforcement Academy training model, which must include at least
   65  10 percent but no more than 20 percent more rounds fired than
   66  associated with academy training. Program participants must
   67  achieve an 85 percent pass rate on the firearms training.
   68         (II)b. Sixteen hours of instruction in precision pistol.
   69         (III)c. Eight hours of discretionary shooting instruction
   70  using state-of-the-art simulator exercises.
   71         (IV)d. Eight hours of instruction in active shooter or
   72  assailant scenarios.
   73         (V)e. Eight hours of instruction in defensive tactics.
   74         (VI)f. Twelve hours of instruction in legal issues.
   75         c.3. Pass a psychological evaluation administered by a
   76  psychologist licensed under chapter 490 and designated by the
   77  Department of Law Enforcement and submit the results of the
   78  evaluation to the sheriff’s office. The Department of Law
   79  Enforcement is authorized to provide the sheriff’s office with
   80  mental health and substance abuse data for compliance with this
   81  paragraph.
   82         d.4. Submit to and pass an initial drug test and subsequent
   83  random drug tests in accordance with the requirements of s.
   84  112.0455 and the sheriff’s office.
   85         e.5. Successfully complete ongoing training, weapon
   86  inspection, and firearm qualification on at least an annual
   87  basis.
   88         6. Successfully complete at least 12 hours of a certified
   89  nationally recognized diversity training program.
   90  
   91  The sheriff who conducts the guardian training shall issue a
   92  school guardian certificate to individuals who meet the
   93  requirements of this section to the satisfaction of the sheriff,
   94  and subparagraph 2. The sheriff shall maintain documentation of
   95  weapon and equipment inspections, as well as the training,
   96  certification, inspection, and qualification records of each
   97  school guardian certified appointed by the sheriff. An
   98  individual who is certified under this paragraph may serve as a
   99  school guardian under s. 1006.12(3) only if he or she is
  100  appointed by the applicable school district superintendent or
  101  charter school principal.
  102         Section 2. Effective October 1, 2019, section 843.08,
  103  Florida Statutes, is amended to read:
  104         843.08 False personation.—A person who falsely assumes or
  105  pretends to be a firefighter, a sheriff, an officer of the
  106  Florida Highway Patrol, an officer of the Fish and Wildlife
  107  Conservation Commission, a fire or arson investigator of the
  108  Department of Financial Services, an officer of the Department
  109  of Financial Services, an officer of the Department of
  110  Corrections, a correctional probation officer, a deputy sheriff,
  111  a state attorney or an assistant state attorney, a statewide
  112  prosecutor or an assistant statewide prosecutor, a state
  113  attorney investigator, a coroner, a police officer, a lottery
  114  special agent or lottery investigator, a beverage enforcement
  115  agent, a school guardian as described in s. 30.15(1)(k), a
  116  security officer licensed under chapter 493 or watchman, or any
  117  member of the Florida Commission on Offender Review or and any
  118  administrative aide or supervisor employed by the commission, or
  119  any personnel or representative of the Department of Law
  120  Enforcement, or a federal law enforcement officer as defined in
  121  s. 901.1505, and takes upon himself or herself to act as such,
  122  or to require any other person to aid or assist him or her in a
  123  matter pertaining to the duty of any such officer, commits a
  124  felony of the third degree, punishable as provided in s.
  125  775.082, s. 775.083, or s. 775.084. However, a person who
  126  falsely personates any such officer during the course of the
  127  commission of a felony commits a felony of the second degree,
  128  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  129  If the commission of the felony results in the death or personal
  130  injury of another human being, the person commits a felony of
  131  the first degree, punishable as provided in s. 775.082, s.
  132  775.083, or s. 775.084. The term “watchman” means a security
  133  officer licensed under chapter 493.
  134         Section 3. Subsection (16) is added to section 943.03,
  135  Florida Statutes, to read:
  136         943.03 Department of Law Enforcement.—
  137         (16) Upon request, the department shall consult with
  138  sheriffs to provide input regarding programmatic guiding
  139  principles, practices, and resources in order to assist in the
  140  development and implementation of the Coach Aaron Feis Guardian
  141  Program established pursuant to s. 30.15. Such input and
  142  guidance may include, but need not be limited to, standards,
  143  curriculum, instructional strategies, evaluation, certification,
  144  records retention, equipment, and other resource needs.
  145         Section 4. Subsection (4) of section 943.082, Florida
  146  Statutes, is amended to read:
  147         943.082 School Safety Awareness Program.—
  148         (4)(a) Law enforcement dispatch centers, school districts,
  149  schools, and other entities identified by the department must
  150  shall be made aware of the mobile suspicious activity reporting
  151  tool.
  152         (b)The district school board shall promote the use of the
  153  mobile suspicious activity reporting tool by advertising it on
  154  the school district website, in newsletters, on school campuses,
  155  and in school publications, by installing it on all mobile
  156  devices issued to students, and by bookmarking the website on
  157  all computer devices issued to students.
  158         Section 5. Subsection (9) is added to section 1001.10,
  159  Florida Statutes, to read:
  160         1001.10 Commissioner of Education; general powers and
  161  duties.—
  162         (9)The commissioner shall review the report of the School
  163  Hardening and Harm Mitigation Workgroup regarding hardening and
  164  harm mitigation strategies and recommendations submitted by the
  165  Office of Safe Schools, pursuant to s. 1001.212(11). By
  166  September 1, 2020, the commissioner shall submit a summary of
  167  such recommendations to the Governor, the President of the
  168  Senate, and the Speaker of the House of Representatives.
  169         Section 6. Subsection (9) is added to section 1001.11,
  170  Florida Statutes, to read:
  171         1001.11 Commissioner of Education; other duties.—
  172         (9) The commissioner shall oversee compliance with the
  173  safety and security requirements of the Marjory Stoneman Douglas
  174  High School Public Safety Act, chapter 2018-03, Laws of Florida,
  175  by school districts; district school superintendents; and public
  176  schools, including charter schools. The commissioner must
  177  facilitate compliance to the maximum extent provided under law,
  178  identify incidents of noncompliance, and impose or recommend to
  179  the State Board of Education, the Governor, or the Legislature
  180  enforcement and sanctioning actions pursuant to s. 1008.32 and
  181  other authority granted under law.
  182         Section 7. Section 1001.212, Florida Statutes, is amended
  183  to read:
  184         1001.212 Office of Safe Schools.—There is created in the
  185  Department of Education the Office of Safe Schools. The office
  186  is fully accountable to the Commissioner of Education. The
  187  office shall serve as a central repository for best practices,
  188  training standards, and compliance oversight in all matters
  189  regarding school safety and security, including prevention
  190  efforts, intervention efforts, and emergency preparedness
  191  planning. The office shall:
  192         (1) Establish and update as necessary a school security
  193  risk assessment tool for use by school districts pursuant to s.
  194  1006.07(6). The office shall make the security risk assessment
  195  tool available for use by charter schools. The office shall
  196  provide annual training to appropriate school district and
  197  charter school personnel on the proper assessment of physical
  198  site security and completion of the school security risk
  199  assessment tool.
  200         (2) Provide ongoing professional development opportunities
  201  to school district personnel.
  202         (3) Provide a coordinated and interdisciplinary approach to
  203  providing technical assistance and guidance to school districts
  204  on safety and security and recommendations to address findings
  205  identified pursuant to s. 1006.07(6).
  206         (4) Develop and implement a School Safety Specialist
  207  Training Program for school safety specialists appointed
  208  pursuant to s. 1006.07(6). The office shall develop the training
  209  program which shall be based on national and state best
  210  practices on school safety and security and must include active
  211  shooter training. The office shall develop training modules in
  212  traditional or online formats. A school safety specialist
  213  certificate of completion shall be awarded to a school safety
  214  specialist who satisfactorily completes the training required by
  215  rules of the office.
  216         (5) Review and provide recommendations on the security risk
  217  assessments. The department may contract with security
  218  personnel, consulting engineers, architects, or other safety and
  219  security experts the department deems necessary for safety and
  220  security consultant services.
  221         (6) Coordinate with the Department of Law Enforcement to
  222  provide a centralized integrated data repository and data
  223  analytics resources to improve access to timely, complete, and
  224  accurate information integrating data from, at a minimum, but
  225  not limited to, the following data sources by August 1, 2019
  226  December 1, 2018:
  227         (a) Social media Internet posts;
  228         (b) Department of Children and Families;
  229         (c) Department of Law Enforcement;
  230         (d) Department of Juvenile Justice;
  231         (e)Mobile suspicious activity reporting tool known as
  232  FortifyFL;
  233         (f)School environmental safety incident reports collected
  234  under subsection (8); and
  235         (g)(e) Local law enforcement.
  236  
  237  Data that is exempt or confidential and exempt from public
  238  records requirements retains its exempt or confidential and
  239  exempt status when incorporated into the centralized integrated
  240  data repository. To maintain the confidentiality requirements
  241  attached to the information provided to the centralized
  242  integrated data repository by the various state and local
  243  agencies, data governance and security shall ensure compliance
  244  with all applicable state and federal data privacy requirements
  245  through the use of user authorization and role-based security,
  246  data anonymization and aggregation and auditing capabilities. To
  247  maintain the confidentiality requirements attached to the
  248  information provided to the centralized integrated data
  249  repository by the various state and local agencies, each source
  250  agency providing data to the repository shall be the sole
  251  custodian of the data for the purpose of any request for
  252  inspection or copies thereof under chapter 119. The department
  253  shall only allow access to data from the source agencies in
  254  accordance with rules adopted by the respective source agencies
  255  and the requirements of the Federal Bureau of Investigation
  256  Criminal Justice Information Services security policy, where
  257  applicable.
  258         (7)Provide data to support the evaluation of mental health
  259  services pursuant to s. 1004.44.
  260         (8)Provide technical assistance to school districts and
  261  charter school governing boards for school environmental safety
  262  incident reporting as required under s. 1006.07(9). The office
  263  shall collect data through school environmental safety incident
  264  reports on incidents involving any person which occur on school
  265  premises, on school transportation, and at off-campus, school
  266  sponsored events. The office shall review and evaluate school
  267  district reports to ensure compliance with reporting
  268  requirements. Upon notification by the department that a
  269  superintendent has failed to comply with the requirements of s.
  270  1006.07(9), the district school board shall withhold further
  271  payment of his or her salary as authorized under s.
  272  1001.42(13)(b) and impose other appropriate sanctions that the
  273  commissioner or state board by law may impose.
  274         (7)Data that is exempt or confidential and exempt from
  275  public records requirements retains its exempt or confidential
  276  and exempt status when incorporated into the centralized
  277  integrated data repository.
  278         (8)To maintain the confidentiality requirements attached
  279  to the information provided to the centralized integrated data
  280  repository by the various state and local agencies, data
  281  governance and security shall ensure compliance with all
  282  applicable state and federal data privacy requirements through
  283  the use of user authorization and role-based security, data
  284  anonymization and aggregation and auditing capabilities.
  285         (9)To maintain the confidentiality requirements attached
  286  to the information provided to the centralized integrated data
  287  repository by the various state and local agencies, each source
  288  agency providing data for the repository shall be the sole
  289  custodian of the data for the purpose of any request for
  290  inspection or copies thereof under chapter 119. The department
  291  shall only allow access to data from the source agencies in
  292  accordance with rules adopted by the respective source agencies.
  293         (9)(10) Award grants to schools to improve the safety and
  294  security of school buildings based upon recommendations of the
  295  security risk assessment developed pursuant to subsection (1).
  296         (10)(11) Disseminate, in consultation with the Department
  297  of Law Enforcement, to participating schools awareness and
  298  education materials on the School Safety Awareness Program
  299  developed pursuant to s. 943.082.
  300         (11)(a)Convene a School Hardening and Harm Mitigation
  301  Workgroup composed of individuals with subject matter expertise
  302  on school campus hardening best practices. The workgroup shall
  303  meet as necessary to review school hardening and harm mitigation
  304  policies, including, but not limited to, the target hardening
  305  practices implemented in other states; the school safety
  306  guidelines developed by organizations such as the Partner
  307  Alliance for Safer Schools; the tiered approach to target campus
  308  hardening strategies identified in the initial report submitted
  309  by the Marjory Stoneman Douglas High School Public Safety
  310  Commission pursuant to s. 943.687(9); and the Florida Building
  311  Code for educational facilities construction to determine
  312  whether the building code may need to be modified to strengthen
  313  school safety and security. Based on this review of school
  314  safety best practices, by August 1, 2020, the workgroup shall
  315  submit a report to the executive director of the office which
  316  includes, at a minimum, a prioritized list for the
  317  implementation of school campus hardening and harm mitigation
  318  strategies and the estimated costs of and timeframes for
  319  implementation of the strategies by school districts and charter
  320  schools. The estimated costs must include regional and statewide
  321  projections of the implementation costs.
  322         (b) Submit to the commissioner:
  323         1. The workgroup’s report pursuant to paragraph (a); and
  324         2. Recommendations regarding procedures for the office to
  325  use to monitor and enforce compliance by the school districts
  326  and charter schools in the implementation of the workgroup’s
  327  recommended campus hardening and harm mitigation strategies.
  328  
  329  This subsection is repealed June 30, 2023.
  330         (12) By August 1, 2019, develop a standardized, statewide
  331  behavioral threat assessment instrument for use by all public
  332  schools, including charter schools, which addresses early
  333  identification, evaluation, early intervention, and student
  334  support.
  335         (a) The standardized, statewide behavioral threat
  336  assessment instrument must include, but need not be limited to,
  337  components and forms that address:
  338         1. An assessment of the threat, which includes an
  339  assessment of the student, family, and school and social
  340  dynamics.
  341         2. An evaluation to determine if the threat is transient or
  342  substantive.
  343         3. The response to a substantive threat, which includes the
  344  school response and the role of law enforcement agencies.
  345         4. The response to a serious substantive threat, including
  346  mental health and law enforcement referrals.
  347         5. Ongoing monitoring to assess implementation of safety
  348  strategies.
  349         6. Training for members of threat assessment teams
  350  established under s. 1006.07(7) and school administrators
  351  regarding the use of the instrument.
  352         (b) The office shall:
  353         1.By August 1, 2020, evaluate each school district’s and
  354  charter school governing board’s behavioral threat assessment
  355  procedures for compliance with this subsection.
  356         2. Notify the district school superintendent or charter
  357  school governing board, as applicable, if the behavioral threat
  358  assessment is not in compliance with this subsection.
  359         3. Report any issues of ongoing noncompliance with this
  360  subsection to the commissioner and the district school
  361  superintendent or the charter school governing board, as
  362  applicable.
  363         (13) Establish the Statewide Threat Assessment Database
  364  Workgroup, composed of members appointed by the department, to
  365  complement the work of the department and the Department of Law
  366  Enforcement associated with the centralized integrated data
  367  repository and data analytics resources initiative and make
  368  recommendations regarding the development of a statewide threat
  369  assessment database. The database must allow authorized public
  370  school personnel to enter information related to any threat
  371  assessment conducted at their respective schools using the
  372  instrument developed by the office pursuant to subsection (12),
  373  and must provide such information to authorized personnel in
  374  each school district and public school and to appropriate
  375  stakeholders. By December 31, 2019, the workgroup shall provide
  376  a report to the office with recommendations that include, but
  377  need not be limited to:
  378         (a) Threat assessment data that should be required to be
  379  entered into the database.
  380         (b) School district and public school personnel who should
  381  be allowed to input student records to the database and view
  382  such records.
  383         (c) Database design and functionality, to include data
  384  security.
  385         (d) Restrictions and authorities on information sharing,
  386  including:
  387         1. Section 1002.22 and other applicable state laws.
  388         2. The Family Educational Rights and Privacy Act (FERPA),
  389  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
  390  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
  391  45 C.F.R. part 164, subpart E; and other applicable federal
  392  laws.
  393         3.The appropriateness of interagency agreements that will
  394  allow law enforcement to view database records.
  395         (e) The cost to develop and maintain a statewide online
  396  database.
  397         (f) An implementation plan and timeline for the workgroup
  398  recommendations.
  399         (14)Monitor compliance with requirements relating to
  400  school safety by school districts and public schools, including
  401  charter schools. The office shall report incidents of
  402  noncompliance to the commissioner pursuant to s. 1001.11(9) and
  403  the state board pursuant to s. 1008.32 and other requirements of
  404  law, as appropriate.
  405         Section 8. Paragraph (b) of subsection (16) of section
  406  1002.33, Florida Statutes, is amended to read:
  407         1002.33 Charter schools.—
  408         (16) EXEMPTION FROM STATUTES.—
  409         (b) Additionally, a charter school shall be in compliance
  410  with the following statutes:
  411         1. Section 286.011, relating to public meetings and
  412  records, public inspection, and criminal and civil penalties.
  413         2. Chapter 119, relating to public records.
  414         3. Section 1003.03, relating to the maximum class size,
  415  except that the calculation for compliance pursuant to s.
  416  1003.03 shall be the average at the school level.
  417         4. Section 1012.22(1)(c), relating to compensation and
  418  salary schedules.
  419         5. Section 1012.33(5), relating to workforce reductions.
  420         6. Section 1012.335, relating to contracts with
  421  instructional personnel hired on or after July 1, 2011.
  422         7. Section 1012.34, relating to the substantive
  423  requirements for performance evaluations for instructional
  424  personnel and school administrators.
  425         8.Section 1006.12, relating to safe-school officers.
  426         9. Section 1006.07(7), relating to threat assessment teams.
  427         10.Section 1006.07(9), relating to School Environmental
  428  Safety Incident Reporting.
  429         11.Section 1006.1493, relating to the Florida Safe Schools
  430  Assessment Tool.
  431         12. Section 1006.07(6)(c), relating to adopting an active
  432  assailant response plan.
  433         13. Section 943.082(4)(b), relating to the mobile
  434  suspicious activity reporting tool.
  435         14.Section 1012.584, relating to youth mental health
  436  awareness and assistance training.
  437         Section 9. Subsection (2) of section 1003.25, Florida
  438  Statutes, is amended to read:
  439         1003.25 Procedures for maintenance and transfer of student
  440  records.—
  441         (2) The procedure for transferring and maintaining records
  442  of students who transfer from school to school shall be
  443  prescribed by rules of the State Board of Education. The
  444  transfer of records shall occur within 3 school days. The
  445  records shall include:
  446         (a)Verified reports of serious or recurrent behavior
  447  patterns, including threat assessment evaluations and
  448  intervention services.
  449         (b)Psychological evaluations, including therapeutic
  450  treatment plans and therapy or progress notes created or
  451  maintained by school district or charter school staff, as
  452  appropriate.
  453         Section 10. Paragraph (b) of subsection (1), paragraph (a)
  454  of subsection (4), and subsections (6) and (7) of section
  455  1006.07, Florida Statutes, are amended, and subsection (9) is
  456  added to that section, to read:
  457         1006.07 District school board duties relating to student
  458  discipline and school safety.—The district school board shall
  459  provide for the proper accounting for all students, for the
  460  attendance and control of students at school, and for proper
  461  attention to health, safety, and other matters relating to the
  462  welfare of students, including:
  463         (1) CONTROL OF STUDENTS.—
  464         (b) Require each student at the time of initial
  465  registration for school in the school district to note previous
  466  school expulsions, arrests resulting in a charge, juvenile
  467  justice actions, and any corresponding referral referrals to
  468  mental health services by the school district the student has
  469  had, and have the authority as the district school board of a
  470  receiving school district to honor the final order of expulsion
  471  or dismissal of a student by any in-state or out-of-state public
  472  district school board or private school, or lab school, for an
  473  act which would have been grounds for expulsion according to the
  474  receiving district school board’s code of student conduct, in
  475  accordance with the following procedures:
  476         1. A final order of expulsion shall be recorded in the
  477  records of the receiving school district.
  478         2. The expelled student applying for admission to the
  479  receiving school district shall be advised of the final order of
  480  expulsion.
  481         3. The district school superintendent of the receiving
  482  school district may recommend to the district school board that
  483  the final order of expulsion be waived and the student be
  484  admitted to the school district, or that the final order of
  485  expulsion be honored and the student not be admitted to the
  486  school district. If the student is admitted by the district
  487  school board, with or without the recommendation of the district
  488  school superintendent, the student may be placed in an
  489  appropriate educational program and referred to mental health
  490  services identified by the school district pursuant to s.
  491  1012.584(4), when appropriate, at the direction of the district
  492  school board.
  493         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  494         (a) Formulate and prescribe policies and procedures, in
  495  consultation with the appropriate public safety agencies, for
  496  emergency drills and for actual emergencies, including, but not
  497  limited to, fires, natural disasters, active shooter and hostage
  498  situations, and bomb threats, for all students and faculty at
  499  all public schools of the district comprised of grades K-12.
  500  Drills for active shooter and hostage situations shall be
  501  conducted in accordance with developmentally appropriate and
  502  age-appropriate procedures at least as often as other emergency
  503  drills. District school board policies shall include commonly
  504  used alarm system responses for specific types of emergencies
  505  and verification by each school that drills have been provided
  506  as required by law and fire protection codes. The emergency
  507  response policy shall identify the individuals responsible for
  508  contacting the primary emergency response agency and the
  509  emergency response agency that is responsible for notifying the
  510  school district for each type of emergency.
  511         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  512  school superintendent shall establish policies and procedures
  513  for the prevention of violence on school grounds, including the
  514  assessment of and intervention with individuals whose behavior
  515  poses a threat to the safety of the school community.
  516         (a) Each district school superintendent shall designate a
  517  school administrator as a school safety specialist for the
  518  district. The school safety specialist must be a school
  519  administrator employed by the school district or a law
  520  enforcement officer employed by the sheriff’s office located in
  521  the school district. Any school safety specialist designated
  522  from the sheriff’s office must first be authorized and approved
  523  by the sheriff employing the law enforcement officer. Any school
  524  safety specialist designated from the sheriff’s office remains
  525  the employee of the office for purposes of compensation,
  526  insurance, workers compensation, and other benefits authorized
  527  by law for a law enforcement officer employed by the sheriff’s
  528  office. The sheriff and the school superintendent may determine
  529  by agreement the reimbursement for such costs, or may share the
  530  costs, associated with employment of the law enforcement officer
  531  as a school safety specialist. The school safety specialist must
  532  earn a certificate of completion of the school safety specialist
  533  training provided by the Office of Safe Schools within 1 year
  534  after appointment and is responsible for the supervision and
  535  oversight for all school safety and security personnel,
  536  policies, and procedures in the school district. The school
  537  safety specialist shall:
  538         1. Review school district policies and procedures for
  539  compliance with state law and rules, including the district’s
  540  timely and accurate submission of school environmental safety
  541  incident reports to the department pursuant to s. 1001.212(8).
  542         2. Provide the necessary training and resources to students
  543  and school district staff in matters relating to youth mental
  544  health awareness and assistance; emergency procedures, including
  545  active shooter training; and school safety and security.
  546         3. Serve as the school district liaison with local public
  547  safety agencies and national, state, and community agencies and
  548  organizations in matters of school safety and security.
  549         4. In collaboration with the appropriate public safety
  550  agencies, as that term is defined in s. 365.171, by October 1 of
  551  each year, conduct a school security risk assessment in
  552  accordance with s. 1006.1493 at each public school using the
  553  Florida Safe Schools Assessment Tool school security risk
  554  assessment tool developed by the Office of Safe Schools pursuant
  555  to s. 1006.1493. Based on the assessment findings, the
  556  district’s school safety specialist shall provide
  557  recommendations to the district school superintendent and the
  558  district school board which identify strategies and activities
  559  that the district school board should implement in order to
  560  address the findings and improve school safety and security.
  561  Annually, Each district school board must receive such findings
  562  and the school safety specialist’s recommendations at a publicly
  563  noticed district school board meeting to provide the public an
  564  opportunity to hear the district school board members discuss
  565  and take action on the findings and recommendations. Each school
  566  safety specialist shall report such findings and school board
  567  action to the Office of Safe Schools within 30 days after the
  568  district school board meeting.
  569         (b) Each school safety specialist shall coordinate with the
  570  appropriate public safety agencies, as defined in s. 365.171,
  571  that are designated as first responders to a school’s campus to
  572  conduct a tour of such campus once every 3 years and provide
  573  recommendations related to school safety. The recommendations by
  574  the public safety agencies must be considered as part of the
  575  recommendations by the school safety specialist pursuant to
  576  paragraph (a).
  577         (c)Each district school board and charter school governing
  578  board must adopt an active assailant response plan. By October
  579  1, 2019, and annually thereafter, each district school
  580  superintendent and charter school principal shall certify that
  581  all school personnel have received annual training on the
  582  procedures contained in the active assailant response plan for
  583  the applicable school district or charter school.
  584         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  585  shall adopt policies for the establishment of threat assessment
  586  teams at each school whose duties include the coordination of
  587  resources and assessment and intervention with individuals whose
  588  behavior may pose a threat to the safety of school staff or
  589  students consistent with the model policies developed by the
  590  Office of Safe Schools. Such policies must shall include
  591  procedures for referrals to mental health services identified by
  592  the school district pursuant to s. 1012.584(4), when
  593  appropriate, and procedures for behavioral threat assessments in
  594  compliance with the instrument developed pursuant to s.
  595  1001.212(12).
  596         (a) A threat assessment team shall include persons with
  597  expertise in counseling, instruction, school administration, and
  598  law enforcement. The threat assessment teams shall identify
  599  members of the school community to whom threatening behavior
  600  should be reported and provide guidance to students, faculty,
  601  and staff regarding recognition of threatening or aberrant
  602  behavior that may represent a threat to the community, school,
  603  or self. Upon the availability of the behavioral threat
  604  assessment instrument developed pursuant to s. 1001.212(12), the
  605  threat assessment team shall use that instrument.
  606         (b) Upon a preliminary determination that a student poses a
  607  threat of violence or physical harm to himself or herself or
  608  others, a threat assessment team shall immediately report its
  609  determination to the superintendent or his or her designee. The
  610  superintendent or his or her designee shall immediately attempt
  611  to notify the student’s parent or legal guardian. Nothing in
  612  this subsection shall preclude school district personnel from
  613  acting immediately to address an imminent threat.
  614         (c) Upon a preliminary determination by the threat
  615  assessment team that a student poses a threat of violence to
  616  himself or herself or others or exhibits significantly
  617  disruptive behavior or need for assistance, authorized members
  618  of the threat assessment team may obtain criminal history record
  619  information pursuant to s. 985.04(1), as provided in s. 985.047.
  620  A member of a threat assessment team may not disclose any
  621  criminal history record information obtained pursuant to this
  622  section or otherwise use any record of an individual beyond the
  623  purpose for which such disclosure was made to the threat
  624  assessment team.
  625         (d) Notwithstanding any other provision of law, all state
  626  and local agencies and programs that provide services to
  627  students experiencing or at risk of an emotional disturbance or
  628  a mental illness, including the school districts, school
  629  personnel, state and local law enforcement agencies, the
  630  Department of Juvenile Justice, the Department of Children and
  631  Families, the Department of Health, the Agency for Health Care
  632  Administration, the Agency for Persons with Disabilities, the
  633  Department of Education, the Statewide Guardian Ad Litem Office,
  634  and any service or support provider contracting with such
  635  agencies, may share with each other records or information that
  636  are confidential or exempt from disclosure under chapter 119 if
  637  the records or information are reasonably necessary to ensure
  638  access to appropriate services for the student or to ensure the
  639  safety of the student or others. All such state and local
  640  agencies and programs shall communicate, collaborate, and
  641  coordinate efforts to serve such students.
  642         (e) If an immediate mental health or substance abuse crisis
  643  is suspected, school personnel shall follow policies established
  644  by the threat assessment team to engage behavioral health crisis
  645  resources. Behavioral health crisis resources, including, but
  646  not limited to, mobile crisis teams and school resource officers
  647  trained in crisis intervention, shall provide emergency
  648  intervention and assessment, make recommendations, and refer the
  649  student for appropriate services. Onsite school personnel shall
  650  report all such situations and actions taken to the threat
  651  assessment team, which shall contact the other agencies involved
  652  with the student and any known service providers to share
  653  information and coordinate any necessary followup actions. Upon
  654  the student’s transfer to a different school, the threat
  655  assessment team shall verify that any intervention services
  656  provided to the student remain in place until the threat
  657  assessment team of the receiving school independently determines
  658  the need for intervention services.
  659         (f) Each threat assessment team established pursuant to
  660  this subsection shall report quantitative data on its activities
  661  to the Office of Safe Schools in accordance with guidance from
  662  the office and shall utilize the threat assessment database
  663  developed pursuant to s. 1001.212(13) upon the availability of
  664  the database.
  665         (9)SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
  666  district school board shall adopt policies to ensure the
  667  accurate and timely reporting of incidents related to school
  668  safety and discipline. The district school superintendent is
  669  responsible for school environmental safety incident reporting.
  670  A district school superintendent who fails to comply with this
  671  subsection is subject to the penalties specified in law,
  672  including, but not limited to, s. 1001.42(13)(b) or s.
  673  1001.51(12)(b), as applicable. The State Board of Education
  674  shall adopt rules establishing the requirements for the school
  675  environmental safety incident report.
  676         Section 11. Section 1006.12, Florida Statutes, is amended
  677  to read:
  678         1006.12 Safe-school officers at each public school.—For the
  679  protection and safety of school personnel, property, students,
  680  and visitors, each district school board and school district
  681  superintendent shall partner with law enforcement agencies or
  682  security agencies to establish or assign one or more safe-school
  683  officers at each school facility within the district, including
  684  charter schools. A district school board must collaborate with
  685  charter school governing boards to facilitate charter school
  686  access to all safe-school officer options available under this
  687  section. The school district may implement by implementing any
  688  combination of the following options in subsections (1)-(4) to
  689  best meet which best meets the needs of the school district and
  690  charter schools.:
  691         (1) SCHOOL RESOURCE OFFICER.—A school district may
  692  establish school resource officer programs, through a
  693  cooperative agreement with law enforcement agencies.
  694         (a) School resource officers shall undergo criminal
  695  background checks, drug testing, and a psychological evaluation
  696  and be certified law enforcement officers, as defined in s.
  697  943.10(1), who are employed by a law enforcement agency as
  698  defined in s. 943.10(4). The powers and duties of a law
  699  enforcement officer shall continue throughout the employee’s
  700  tenure as a school resource officer.
  701         (b) School resource officers shall abide by district school
  702  board policies and shall consult with and coordinate activities
  703  through the school principal, but shall be responsible to the
  704  law enforcement agency in all matters relating to employment,
  705  subject to agreements between a district school board and a law
  706  enforcement agency. Activities conducted by the school resource
  707  officer which are part of the regular instructional program of
  708  the school shall be under the direction of the school principal.
  709         (c) Complete mental health crisis intervention training
  710  using a curriculum developed by a national organization with
  711  expertise in mental health crisis intervention. The training
  712  shall improve officers’ knowledge and skills as first responders
  713  to incidents involving students with emotional disturbance or
  714  mental illness, including de-escalation skills to ensure student
  715  and officer safety.
  716         (2) SCHOOL SAFETY OFFICER.—A school district may commission
  717  one or more school safety officers for the protection and safety
  718  of school personnel, property, and students within the school
  719  district. The district school superintendent may recommend, and
  720  the district school board may appoint, one or more school safety
  721  officers.
  722         (a) School safety officers shall undergo criminal
  723  background checks, drug testing, and a psychological evaluation
  724  and be law enforcement officers, as defined in s. 943.10(1),
  725  certified under the provisions of chapter 943 and employed by
  726  either a law enforcement agency or by the district school board.
  727  If the officer is employed by the district school board, the
  728  district school board is the employing agency for purposes of
  729  chapter 943, and must comply with the provisions of that
  730  chapter.
  731         (b) A school safety officer has and shall exercise the
  732  power to make arrests for violations of law on district school
  733  board property and to arrest persons, whether on or off such
  734  property, who violate any law on such property under the same
  735  conditions that deputy sheriffs are authorized to make arrests.
  736  A school safety officer has the authority to carry weapons when
  737  performing his or her official duties.
  738         (c) A district school board may enter into mutual aid
  739  agreements with one or more law enforcement agencies as provided
  740  in chapter 23. A school safety officer’s salary may be paid
  741  jointly by the district school board and the law enforcement
  742  agency, as mutually agreed to.
  743         (3) SCHOOL GUARDIAN.At the school district’s or the
  744  charter school governing board’s discretion, as applicable,
  745  pursuant to s. 30.15, a school district or charter school
  746  governing board may participate in the Coach Aaron Feis Guardian
  747  Program if such program is established pursuant to s. 30.15, to
  748  meet the requirement of establishing a safe-school officer. The
  749  following individuals may serve as a school guardian, in support
  750  of school-sanctioned activities for purposes of s. 790.115, upon
  751  satisfactory completion of the requirements under s. 30.15(1)(k)
  752  and certification by a sheriff:
  753         (a) A school district employee or personnel, as defined
  754  under s. 1012.01, or a charter school employee, as provided
  755  under s. 1002.33(12)(a), who volunteers to serve as a school
  756  guardian in addition to his or her official job duties; or
  757         (b) An employee of a school district or a charter school
  758  who is hired for the specific purpose of serving as a school
  759  guardian.
  760         (4)SCHOOL SECURITY GUARD.—A school district or charter
  761  school governing board may contract with a security agency as
  762  defined in s. 493.6101(18) to employ as a school security guard
  763  an individual who holds a Class “D” and Class “G” license
  764  pursuant to chapter 493, provided the following training and
  765  contractual conditions are met:
  766         (a) An individual who serves as a school security guard,
  767  for purposes of satisfying the requirements of this section,
  768  must:
  769         1. Demonstrate completion of 144 hours of required training
  770  pursuant to s. 30.15(1)(k)2.
  771         2. Pass a psychological evaluation administered by a
  772  psychologist licensed under chapter 490 and designated by the
  773  Department of Law Enforcement and submit the results of the
  774  evaluation to the sheriff’s office, school district, or charter
  775  school governing board, as applicable. The Department of Law
  776  Enforcement is authorized to provide the sheriff’s office,
  777  school district, or charter school governing board with mental
  778  health and substance abuse data for compliance with this
  779  paragraph.
  780         3. Submit to and pass an initial drug test and subsequent
  781  random drug tests in accordance with the requirements of s.
  782  112.0455 and the sheriff’s office, school district, or charter
  783  school governing board, as applicable.
  784         4. Successfully complete ongoing training, weapon
  785  inspection, and firearm qualification on at least an annual
  786  basis and provide documentation to the sheriff’s office, school
  787  district, or charter school governing board, as applicable.
  788         (b)The contract between a security agency and a school
  789  district or a charter school governing board regarding
  790  requirements applicable to school security guards serving in the
  791  capacity of a safe-school officer for purposes of satisfying the
  792  requirements of this section shall define the entity or entities
  793  responsible for training and the responsibilities for
  794  maintaining records relating to training, inspection, and
  795  firearm qualification.
  796         (c) School security guards serving in the capacity of a
  797  safe-school officer pursuant to this subsection are in support
  798  of school-sanctioned activities for purposes of s. 790.115, and
  799  must aid in the prevention or abatement of active assailant
  800  incidents on school premises.
  801         (5)(4)EXEMPTION.—Any information that would identify
  802  whether a particular individual has been appointed as a safe
  803  school officer pursuant to this section held by a law
  804  enforcement agency, school district, or charter school is exempt
  805  from s. 119.07(1) and s. 24(a), Art. I of the State
  806  Constitution. This subsection is subject to the Open Government
  807  Sunset Review Act in accordance with s. 119.15 and shall stand
  808  repealed on October 2, 2023, unless reviewed and saved from
  809  repeal through reenactment by the Legislature.
  810  
  811  If a district school board, through its adopted policies,
  812  procedures, or actions, denies a charter school access to any
  813  safe-school officer options pursuant to this section, the school
  814  district must assign a school resource officer or school safety
  815  officer to the charter school. Under such circumstances, the
  816  charter school’s share of the costs of the school resource
  817  officer or school safety officer may not exceed the safe school
  818  allocation funds provided to the charter school pursuant to s.
  819  1011.62(15) and shall be retained by the school district.
  820         Section 12. Subsection (1), paragraphs (a), (b), and (c) of
  821  subsection (2), and subsection (4) of section 1006.13, Florida
  822  Statutes, are amended to read:
  823         1006.13 Policy of zero tolerance for crime and
  824  victimization.—
  825         (1) District school boards shall promote a safe and
  826  supportive learning environment in schools by protecting
  827  students and staff from conduct that poses a serious threat to
  828  school safety. A threat assessment team may use alternatives to
  829  expulsion or referral to law enforcement agencies to address
  830  disruptive behavior through restitution, civil citation, teen
  831  court, neighborhood restorative justice, or similar programs.
  832  Zero-tolerance policies may not be rigorously applied to petty
  833  acts of misconduct and misdemeanors, including, but not limited
  834  to, minor fights or disturbances. Zero-tolerance policies must
  835  apply equally to all students regardless of their economic
  836  status, race, or disability.
  837         (2) Each district school board shall adopt a policy of zero
  838  tolerance that:
  839         (a) Defines criteria for reporting to a law enforcement
  840  agency any act that poses a threat to school safety that occurs
  841  whenever or wherever students are within the jurisdiction of the
  842  district school board.
  843         (b) Defines acts that pose a serious threat to school
  844  safety.
  845         (c) Defines petty acts of misconduct which are not a threat
  846  to school safety and do not require consultation with law
  847  enforcement.
  848         (4)(a) Each district school board shall enter into
  849  agreements with the county sheriff’s office and local police
  850  department specifying guidelines for ensuring that acts that
  851  pose a serious threat to school safety, whether committed by a
  852  student or adult, are reported to a law enforcement agency.
  853         (b) The agreements must include the role of school resource
  854  officers, if applicable, in handling reported incidents,
  855  circumstances in which school officials may handle incidents
  856  without filing a report with a law enforcement agency, and a
  857  procedure requiring for ensuring that school personnel to
  858  consult with school resource officers concerning properly report
  859  appropriate delinquent acts and crimes.
  860         (c)Zero-tolerance policies do not require the reporting of
  861  petty acts of misconduct and misdemeanors to a law enforcement
  862  agency, including, but not limited to, disorderly conduct,
  863  simple assault or battery, affray, theft of less than $300,
  864  trespassing, and vandalism of less than $1,000. However, if a
  865  student commits more than one misdemeanor, the threat assessment
  866  team must consult with law enforcement to determine if the act
  867  should be reported to law enforcement.
  868         (c)(d) The school principal shall notify ensure that all
  869  school personnel are properly informed as to their
  870  responsibilities regarding incident crime reporting, that
  871  appropriate delinquent acts which pose a threat to school safety
  872  and crimes are properly reported to the school principal, or his
  873  or her designee, and that the disposition of the incident is
  874  actions taken in cases with special circumstances are properly
  875  taken and documented.
  876         Section 13. Section 1006.1493, Florida Statutes, is amended
  877  to read:
  878         1006.1493 Florida Safe Schools Assessment Tool.—
  879         (1) The department, through the Office of Safe Schools
  880  pursuant s. 1001.212, shall contract with a security consulting
  881  firm that specializes in the development of risk assessment
  882  software solutions and has experience in conducting security
  883  assessments of public facilities to develop, update, and
  884  implement a risk assessment tool, which shall be known as the
  885  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
  886  the primary physical site security assessment tool as revised
  887  and required by the Office of Safe Schools which is used by
  888  school officials at each school district and public school site
  889  in the state in conducting security assessments for use by
  890  school officials at each school district and public school site
  891  in the state.
  892         (2) The FSSAT must help school officials identify threats,
  893  vulnerabilities, and appropriate safety controls for the schools
  894  that they supervise, pursuant to the security risk assessment
  895  requirements of s. 1006.07(6).
  896         (a) At a minimum, the FSSAT must address all of the
  897  following components:
  898         1. School emergency and crisis preparedness planning;
  899         2. Security, crime, and violence prevention policies and
  900  procedures;
  901         3. Physical security measures;
  902         4. Professional development training needs;
  903         5. An examination of support service roles in school
  904  safety, security, and emergency planning;
  905         6. School security and school police staffing, operational
  906  practices, and related services;
  907         7. School and community collaboration on school safety; and
  908         8. A return on investment analysis of the recommended
  909  physical security controls.
  910         (b) The department shall require by contract that the
  911  security consulting firm:
  912         1. Generate written automated reports on assessment
  913  findings for review by the department and school and district
  914  officials;
  915         2. Provide training to the department and school officials
  916  in the use of the FSSAT and other areas of importance identified
  917  by the department; and
  918         3. Advise in the development and implementation of
  919  templates, formats, guidance, and other resources necessary to
  920  facilitate the implementation of this section at state,
  921  district, school, and local levels; and.
  922         4.Review recommendations of the School Hardening and Harm
  923  Mitigation Workgroup established under s. 1001.212(11) to
  924  address physical security measures identified by the FSSAT.
  925         (3) The Office of Safe Schools shall make the FSSAT
  926  available no later than May 1 of each year. The office must
  927  provide annual training to each district’s school safety
  928  specialist and other appropriate school district personnel on
  929  the assessment of physical site security and completing the
  930  FSSAT.
  931         (4)By December 1 of each year, By December 1, 2018, and
  932  annually by that date thereafter, the department shall must
  933  report to the Governor, the President of the Senate, and the
  934  Speaker of the House of Representatives on the status of
  935  implementation across school districts and schools. The report
  936  must include a summary of the positive school safety measures in
  937  place at the time of the assessment and any recommendations for
  938  policy changes or funding needed to facilitate continued school
  939  safety planning, improvement, and response at the state,
  940  district, or school levels.
  941         (5)(4) In accordance with ss. 119.071(3)(a) and 281.301,
  942  data and information related to security risk assessments
  943  administered pursuant to this section and s. 1006.07(6) and the
  944  security information contained in the annual report required
  945  pursuant to subsection (4) subsection (3) are confidential and
  946  exempt from public records requirements.
  947         Section 14. Subsection (15) of section 1011.62, Florida
  948  Statutes, is amended to read:
  949         1011.62 Funds for operation of schools.—If the annual
  950  allocation from the Florida Education Finance Program to each
  951  district for operation of schools is not determined in the
  952  annual appropriations act or the substantive bill implementing
  953  the annual appropriations act, it shall be determined as
  954  follows:
  955         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  956  created to provide funding to assist school districts in their
  957  compliance with ss. 1006.07-1006.12 s. 1006.07, with priority
  958  given to safe-school officers implementing the district’s school
  959  resource officer program pursuant to s. 1006.12. Each school
  960  district shall receive a minimum safe schools allocation in an
  961  amount provided in the General Appropriations Act. Of the
  962  remaining balance of the safe schools allocation, two-thirds
  963  shall be allocated to school districts based on the most recent
  964  official Florida Crime Index provided by the Department of Law
  965  Enforcement and one-third shall be allocated based on each
  966  school district’s proportionate share of the state’s total
  967  unweighted full-time equivalent student enrollment. Any
  968  additional funds appropriated to this allocation in the 2018
  969  2019 fiscal year must to the school resource officer program
  970  established pursuant to s. 1006.12 shall be used exclusively for
  971  employing or contracting for safe-school resource officers,
  972  established or assigned under s. 1006.12 which shall be in
  973  addition to the number of officers employed or contracted for in
  974  the 2017-2018 fiscal year. This subsection applies retroactively
  975  to July 1, 2018. The amendments to this subsection are intended
  976  to be clarifying and remedial in nature.
  977         Section 15. Effective July 1, 2019, paragraph (b) of
  978  subsection (6), subsection (15), as amended by this act, and
  979  subsection (16) of section 1011.62, Florida Statutes, are
  980  amended to read:
  981         1011.62 Funds for operation of schools.—If the annual
  982  allocation from the Florida Education Finance Program to each
  983  district for operation of schools is not determined in the
  984  annual appropriations act or the substantive bill implementing
  985  the annual appropriations act, it shall be determined as
  986  follows:
  987         (6) CATEGORICAL FUNDS.—
  988         (b) If a district school board finds and declares in a
  989  resolution adopted at a regular meeting of the school board that
  990  the funds received for any of the following categorical
  991  appropriations are urgently needed to maintain school board
  992  specified academic classroom instruction or improve school
  993  safety, the school board may consider and approve an amendment
  994  to the school district operating budget transferring the
  995  identified amount of the categorical funds to the appropriate
  996  account for expenditure:
  997         1. Funds for student transportation.
  998         2. Funds for research-based reading instruction if the
  999  required additional hour of instruction beyond the normal school
 1000  day for each day of the entire school year has been provided for
 1001  the students in each low-performing elementary school in the
 1002  district pursuant to paragraph (9)(a).
 1003         3. Funds for instructional materials if all instructional
 1004  material purchases necessary to provide updated materials that
 1005  are aligned with applicable state standards and course
 1006  descriptions and that meet statutory requirements of content and
 1007  learning have been completed for that fiscal year, but no sooner
 1008  than March 1. Funds available after March 1 may be used to
 1009  purchase hardware for student instruction.
 1010         4.Funds for the guaranteed allocation as provided in
 1011  subparagraph (1)(e)2.
 1012         5.Funds for the supplemental academic instruction
 1013  allocation as provided in paragraph (1)(f).
 1014         6. Funds for the Florida digital classrooms allocation as
 1015  provided in subsection (12).
 1016         7. Funds for the federally connected student supplement as
 1017  provided in subsection (13).
 1018         8. Funds for class size reduction as provided in s.
 1019  1011.685.
 1020         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1021  created to provide funding to assist school districts in their
 1022  compliance with ss. 1006.07-1006.12, with priority given to
 1023  safe-school officers pursuant to s. 1006.12. Each school
 1024  district shall receive a minimum safe schools allocation in an
 1025  amount provided in the General Appropriations Act. Of the
 1026  remaining balance of the safe schools allocation, one-third two
 1027  thirds shall be allocated to school districts based on the most
 1028  recent official Florida Crime Index provided by the Department
 1029  of Law Enforcement and two-thirds one-third shall be allocated
 1030  based on each school district’s proportionate share of the
 1031  state’s total unweighted full-time equivalent student
 1032  enrollment. Each school district must report to the Department
 1033  of Education by October 15 that all public schools within the
 1034  school district have completed the school security risk
 1035  assessment using the Florida Safe Schools Assessment Tool
 1036  developed pursuant to s. 1006.1493. If a district school board
 1037  is required by s. 1006.12 to assign a school resource officer or
 1038  school safety officer to a charter school, the charter school’s
 1039  share of costs for such officer may not exceed the amount of
 1040  funds allocated to the charter school under this subsection Any
 1041  additional funds appropriated to this allocation in the 2018
 1042  2019 fiscal year must be used exclusively for employing or
 1043  contracting for safe-school officers, established or assigned
 1044  under s. 1006.12. This subsection applies retroactively to July
 1045  1, 2018. The amendments to this subsection are intended to be
 1046  clarifying and remedial in nature.
 1047         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1048  assistance allocation is created to provide funding to assist
 1049  school districts in establishing or expanding school-based
 1050  mental health care; train educators and other school staff in
 1051  detecting and responding to mental health issues; and connect
 1052  children, youth, and families who may experience behavioral
 1053  health issues with appropriate services. These funds shall be
 1054  allocated annually in the General Appropriations Act or other
 1055  law to each eligible school district. Each school district shall
 1056  receive a minimum of $100,000, with the remaining balance
 1057  allocated based on each school district’s proportionate share of
 1058  the state’s total unweighted full-time equivalent student
 1059  enrollment. Eligible Charter schools that submit a plan separate
 1060  from the school district are entitled to a proportionate share
 1061  of district funding. At least 90 percent of a district’s
 1062  allocation must be expended on the elements specified in
 1063  subparagraphs (b)1. and 2. The allocated funds may not supplant
 1064  funds that are provided for this purpose from other operating
 1065  funds and may not be used to increase salaries or provide
 1066  bonuses. School districts are encouraged to maximize third-party
 1067  third party health insurance benefits and Medicaid claiming for
 1068  services, where appropriate.
 1069         (a) Before the distribution of the allocation:
 1070         1. The school district must develop and submit a detailed
 1071  plan outlining the local program and planned expenditures to the
 1072  district school board for approval. This plan must include all
 1073  district schools, including charter schools, unless a charter
 1074  school elects to submit a plan independently from the school
 1075  district pursuant to subparagraph 2.
 1076         2. A charter school may must develop and submit a detailed
 1077  plan outlining the local program and planned expenditures to its
 1078  governing body for approval. After the plan is approved by the
 1079  governing body, it must be provided to the charter school’s
 1080  sponsor.
 1081         (b) The plans required under paragraph (a) must be focused
 1082  on a multi-tiered system of supports to deliver delivering
 1083  evidence-based mental health care assessment, diagnosis,
 1084  intervention, treatment, and recovery services to students with
 1085  one or more mental health or co-occurring substance abuse
 1086  diagnoses and to students at high risk of such diagnoses. The
 1087  provision of these services must be coordinated with a student’s
 1088  primary mental health care provider and with other mental health
 1089  providers involved in the student’s care. At a minimum, the
 1090  plans must treatment to children and include the following
 1091  elements:
 1092         1. Direct employment of school-based mental health services
 1093  providers to expand and enhance school-based student services
 1094  and to reduce the ratio of students to staff in order to better
 1095  align with nationally recommended ratio models. These providers
 1096  include, but are not limited to, certified school counselors,
 1097  school psychologists, school social workers, and other licensed
 1098  mental health professionals. The plan also must identify
 1099  strategies to increase the amount of time that school-based
 1100  student services personnel spend providing direct services to
 1101  students, which may include the review and revision of district
 1102  staffing resource allocations based on school or student mental
 1103  health assistance needs Provision of mental health assessment,
 1104  diagnosis, intervention, treatment, and recovery services to
 1105  students with one or more mental health or co-occurring
 1106  substance abuse diagnoses and students at high risk of such
 1107  diagnoses.
 1108         2. Contracts or interagency agreements with one or more
 1109  local community behavioral health providers or providers of
 1110  Community Action Team services to provide a behavioral health
 1111  staff presence and services at district schools. Services may
 1112  include, but are not limited to, mental health screenings and
 1113  assessments, individual counseling, family counseling, group
 1114  counseling, psychiatric or psychological services, trauma
 1115  informed care, mobile crisis services, and behavior
 1116  modification. These behavioral health services may be provided
 1117  on or off the school campus and may be supplemented by
 1118  telehealth Coordination of such services with a student’s
 1119  primary care provider and with other mental health providers
 1120  involved in the student’s care.
 1121         3. Policies and procedures, including contracts with
 1122  service providers, which will ensure that students who are
 1123  referred to a school-based or community-based mental health
 1124  service provider for mental health screening for the
 1125  identification of mental health concerns and ensure that the
 1126  assessment of students at risk for mental health disorders
 1127  occurs within 15 days of referral. School-based mental health
 1128  services must be initiated within 15 days after identification
 1129  and assessment, and support by community-based mental health
 1130  service providers for students who are referred for community
 1131  based mental health services must be initiated within 30 days
 1132  after the school or district makes a referral Direct employment
 1133  of such service providers, or a contract-based collaborative
 1134  effort or partnership with one or more local community mental
 1135  health programs, agencies, or providers.
 1136         4.Programs to assist students in dealing with anxiety,
 1137  depression, bullying, trauma, and violence.
 1138         5. Strategies or programs to reduce the likelihood of at
 1139  risk students developing social, emotional, or behavioral health
 1140  problems, suicidal tendencies, or substance use disorders.
 1141         6. Strategies to improve the early identification of
 1142  social, emotional, or behavioral problems or substance use
 1143  disorders and to improve the provision of early intervention
 1144  services.
 1145         (c) School districts shall submit approved plans, including
 1146  approved plans of each charter school in the district, to the
 1147  commissioner by August 1 of each fiscal year.
 1148         (d) Beginning September 30, 2019, and annually by September
 1149  30 thereafter, each school district shall submit to the
 1150  Department of Education a report on its program outcomes and
 1151  expenditures for the previous fiscal year that, at a minimum,
 1152  must include the number of each of the following:
 1153         1. Students who receive screenings or assessments.
 1154         2. Students who are referred to either school-based or
 1155  community-based providers for services or assistance.
 1156         3. Students who receive either school-based or community
 1157  based interventions, services, or assistance.
 1158         4. School-based and community-based mental health
 1159  providers, including licensure type, paid for from funds
 1160  provided through the allocation Direct employment service
 1161  providers employed by each school district.
 1162         5. Contract-based collaborative efforts or partnerships
 1163  with community mental health programs, agencies, or providers.
 1164         Section 16. For the purpose of incorporating the amendment
 1165  made by this act to section 843.08, Florida Statutes, in a
 1166  reference thereto, paragraph (b) of subsection (3) of section
 1167  921.0022, Florida Statutes, is reenacted to read:
 1168         921.0022 Criminal Punishment Code; offense severity ranking
 1169  chart.—
 1170         (3) OFFENSE SEVERITY RANKING CHART
 1171         (b) LEVEL 2
 1172  
 1173  FloridaStatute             FelonyDegree        Description        
 1174  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 1175  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 1176  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 1177  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 1178  590.28(1)                      3rd     Intentional burning of lands.
 1179  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 1180  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 1181  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 1182  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 1183  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 1184  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
 1185  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 1186  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 1187  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 1188  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 1189  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 1190  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 1191  817.60(5)                      3rd     Dealing in credit cards of another.
 1192  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 1193  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 1194  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 1195  831.01                         3rd     Forgery.                   
 1196  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 1197  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 1198  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 1199  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 1200  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 1201  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 1202  843.08                         3rd     False personation.         
 1203  893.13(2)(a)2.                 3rd     Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
 1204  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 1205  
 1206  
 1207         Section 17. The Legislature finds that a proper and
 1208  legitimate state purpose is served when district school boards
 1209  are afforded options for the provision of safe-school officers
 1210  for the protection and safety of school personnel, property,
 1211  students, and visitors. School guardians must be available to
 1212  any district school board that chooses such an option.
 1213  Therefore, the Legislature determines and declares that this act
 1214  fulfills an important state interest.
 1215         Section 18. Except as otherwise expressly provided in this
 1216  act, this act shall take effect upon becoming a law.
 1217  
 1218  ================= T I T L E  A M E N D M E N T ================
 1219  And the title is amended as follows:
 1220         Delete everything before the enacting clause
 1221  and insert:
 1222                        A bill to be entitled                      
 1223         An act relating to implementation of legislative
 1224         recommendations of the Marjory Stoneman Douglas High
 1225         School Public Safety Commission; amending s. 30.15,
 1226         F.S.; requiring sheriffs to assist district school
 1227         boards and charter school governing boards with
 1228         compliance with a specified provision; requiring
 1229         sheriffs to provide access to the Coach Aaron Feis
 1230         Guardian Program; conforming a provision to changes
 1231         made by the act; requiring sheriffs to establish a
 1232         school guardian program or contract with another
 1233         sheriff’s office that has established a program under
 1234         a certain condition; authorizing sheriffs that have
 1235         established a guardian program to contract to provide
 1236         training for specified purposes; requiring charter
 1237         school governing boards to notify the superintendent
 1238         or district school safety specialist and the sheriff
 1239         in the county before training is executed; providing
 1240         for reimbursement of a sheriff who conducts such
 1241         training; removing the prohibition against classroom
 1242         teachers serving as school guardians; conforming
 1243         provisions to changes made by the act; revising
 1244         certification requirements for school guardians;
 1245         prohibiting individuals from serving as school
 1246         guardians unless they are appointed by a
 1247         superintendent or charter school principal, as
 1248         applicable; amending s. 843.08, F.S.; adding school
 1249         guardians to the list of officials the false
 1250         personation of whom is prohibited and subject to
 1251         criminal penalties; making technical changes; amending
 1252         s. 943.03, F.S.; requiring the Department of Law
 1253         Enforcement to consult with sheriffs who establish a
 1254         guardian program on programmatic guiding principles,
 1255         practices, and resources relating to the development
 1256         and implementation of the program; amending s.
 1257         943.082, F.S.; requiring school districts to promote
 1258         the use of a mobile suspicious activity reporting tool
 1259         through specified platforms and mediums; amending s.
 1260         1001.10, F.S.; requiring the Commissioner of Education
 1261         to review recommendations from the School Hardening
 1262         and Harm Mitigation Workgroup; requiring the
 1263         commissioner to submit a summary to the Governor and
 1264         the Legislature by a specified date; providing
 1265         requirements for the summary; amending s. 1001.11,
 1266         F.S.; revising the duties of the commissioner to
 1267         include oversight and facilitation of compliance with
 1268         the safety and security requirements of the Marjory
 1269         Stoneman Douglas High School Public Safety Act by
 1270         specified persons and entities; amending s. 1001.212,
 1271         F.S.; requiring the Office of Safe Schools to annually
 1272         provide training for specified personnel; conforming
 1273         provisions to changes made by the act; requiring the
 1274         office to provide data to support the evaluation of
 1275         mental health services; requiring the office to
 1276         provide technical assistance for school safety
 1277         incident reporting; requiring the office to collect
 1278         data through the school environmental safety incident
 1279         reports; requiring the office to review and evaluate
 1280         school district reports for compliance; requiring a
 1281         district school board to withhold a superintendent’s
 1282         salary in response to the superintendent’s
 1283         noncompliance; requiring the office to convene a
 1284         School Hardening and Harm Mitigation Workgroup;
 1285         providing for membership and duties of the workgroup;
 1286         requiring the workgroup to submit a report and
 1287         recommendations to the executive director of the
 1288         office and the commissioner; providing requirements
 1289         for the report; providing for future repeal; requiring
 1290         the office to develop a behavioral threat assessment
 1291         instrument; providing requirements for the instrument;
 1292         requiring the office to establish the Statewide Threat
 1293         Assessment Database Workgroup to make certain
 1294         recommendations relating to a statewide threat
 1295         assessment database; providing requirements for the
 1296         database; requiring the workgroup to report
 1297         recommendations to the office by a specified date;
 1298         providing requirements for such recommendations;
 1299         requiring the office to monitor school district and
 1300         public school, including charter school, compliance
 1301         with requirements relating to school safety; requiring
 1302         the office to report incidents of noncompliance to the
 1303         commissioner and the state board; amending s. 1002.33,
 1304         F.S.; requiring charter schools to comply with
 1305         specified provisions; amending s. 1003.25, F.S.;
 1306         providing requirements for the transfer of certain
 1307         student records; amending s. 1006.07, F.S.; revising
 1308         requirements for certain types of emergency drills;
 1309         requiring that a school safety specialist be a school
 1310         administrator employed by the school district or a law
 1311         enforcement officer employed by the sheriff’s office
 1312         located in the school district; providing requirements
 1313         for a school safety specialist designated from a
 1314         sheriff’s office; providing that a school safety
 1315         specialist designated from a sheriff’s office remains
 1316         an employee of such office for certain purposes;
 1317         authorizing the sheriff and school superintendent to
 1318         determine by agreement the reimbursement or sharing of
 1319         costs associated with employment of the law
 1320         enforcement officer as a school safety specialist;
 1321         requiring district school boards to adopt an active
 1322         assailant response plan; requiring each district
 1323         school superintendent and charter school principal to
 1324         certify by a specified date, and annually thereafter,
 1325         that all school personnel have received annual
 1326         training under the plan; requiring that certain
 1327         policies adopted by school districts include
 1328         procedures for behavioral threat assessments;
 1329         requiring threat assessment teams to utilize the
 1330         behavioral threat assessment instrument and the threat
 1331         assessment database developed by the office when they
 1332         become available; requiring threat assessment teams to
 1333         verify that, upon a student’s transfer to a different
 1334         school, any intervention services provided to the
 1335         student remain in place until the team makes a certain
 1336         determination; requiring district school boards to
 1337         adopt policies for accurate and timely reporting of
 1338         school environmental safety incidents; providing
 1339         penalties for noncompliance with such policies;
 1340         requiring the State Board of Education to adopt rules
 1341         establishing requirements for school environmental
 1342         safety incident reports; amending s. 1006.12, F.S.;
 1343         requiring district school boards and school district
 1344         superintendents to partner with security agencies to
 1345         establish or assign safe-school officers; requiring
 1346         district school boards to collaborate with charter
 1347         school governing boards to facilitate access to all
 1348         safe-school officer options; expanding the options
 1349         school districts are authorized to implement;
 1350         expanding the categories of individuals who may serve
 1351         as school guardians; authorizing school districts and
 1352         charter school governing boards to contract with
 1353         security agencies to employ school security guards;
 1354         providing requirements for school security guards;
 1355         authorizing the Department of Law Enforcement to
 1356         provide certain entities with specified data relating
 1357         to psychological evaluations administered to school
 1358         security guard applicants; providing requirements for
 1359         contracts between a security agency and a school
 1360         district or charter school governing board; providing
 1361         that certain school security guards are in support of
 1362         school-sanctioned activities and are required to aid
 1363         in the prevention or abatement of certain incidents;
 1364         requiring school districts to assign school resource
 1365         officers or school safety officers to charter schools
 1366         under certain circumstances; requiring school
 1367         districts to retain specified allocation funds for a
 1368         specified purpose if such officers are assigned;
 1369         amending s. 1006.13, F.S.; revising requirements for
 1370         school district zero-tolerance policies; amending s.
 1371         1006.1493, F.S.; requiring the Florida Safe Schools
 1372         Assessment Tool (FSSAT) to be the primary site
 1373         security assessment tool for school districts;
 1374         requiring the department to require a security
 1375         consulting firm to review recommendations of the
 1376         School Hardening and Harm Mitigation Workgroup;
 1377         requiring the office to annually make the FSSAT
 1378         available by a specified date; requiring the office to
 1379         provide FSSAT training; amending s. 1011.62, F.S.;
 1380         modifying the required use of funds in the safe
 1381         schools allocation; providing for retroactive
 1382         application; providing legislative intent; expanding,
 1383         as of a specified date, the categorical fund that may
 1384         be accessed to improve classroom instruction or
 1385         improve school safety; requiring each school district
 1386         to report to that the public schools within the
 1387         district have completed the required school security
 1388         risk assessment; providing that a charter school’s
 1389         share of costs for a school resource officer or school
 1390         safety officer may not exceed a specified amount if a
 1391         district school board is required to assign such an
 1392         officer to the charter school; deleting obsolete
 1393         language; expanding the purpose of the mental health
 1394         assistance allocation; providing that charter schools
 1395         that take a specified action are entitled to a
 1396         proportionate share of certain funding; deleting a
 1397         requirement that restricted to certain elements how a
 1398         specified percentage of a district’s mental health
 1399         assistance allocation could be expended; revising
 1400         requirements for a plan required to be developed by
 1401         school districts before distribution of such
 1402         allocation; requiring that the plans include charter
 1403         schools, except in certain circumstances; authorizing,
 1404         rather than requiring, charter schools to develop and
 1405         submit a specified plan; revising requirements for
 1406         school districts’ and charter schools’ plans; revising
 1407         requirements relating to a specified report required
 1408         by school districts to annually submit to the
 1409         department; reenacting s. 921.0022(3)(b), F.S.,
 1410         relating to the offense severity ranking chart of the
 1411         Criminal Punishment Code, to incorporate the amendment
 1412         made to s. 843.08, F.S., in a reference thereto;
 1413         providing a declaration of important state interest;
 1414         providing effective dates.