Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for CS for SB 7030
Ì684762=Î684762
LEGISLATIVE ACTION
Senate . House
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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.