Florida Senate - 2019                      CS for CS for SB 7030
       By the Committees on Appropriations; Infrastructure and
       Security; and Education
       576-04181-19                                          20197030c2
    1                        A bill to be entitled                      
    2         An act relating to implementation of legislative
    3         recommendations of the Marjory Stoneman Douglas High
    4         School Public Safety Commission; amending s. 30.15,
    5         F.S.; requiring a sheriff to establish a school
    6         guardian program or contract with another sheriff’s
    7         office that has established a program under a certain
    8         condition; authorizing sheriffs that have established
    9         a guardian program to contract to provide training for
   10         a specified purpose; providing for reimbursement of
   11         the sheriff who conducts such training; removing the
   12         prohibition against classroom teachers serving as
   13         school guardians; conforming provisions to changes
   14         made by the act; revising certification requirements
   15         for school guardians; prohibiting individuals from
   16         serving as school guardians unless they are appointed
   17         by a superintendent or charter school principal, as
   18         applicable; amending s. 843.08, F.S.; adding school
   19         guardians to the list of officials the false
   20         personation of whom is prohibited and subject to
   21         criminal penalties; making technical changes; amending
   22         s. 943.03, F.S.; requiring the Department of Law
   23         Enforcement to consult with sheriffs who establish a
   24         guardian program on programmatic guiding principles,
   25         practices, and resources relating to the development
   26         and implementation of the program; amending s.
   27         943.082, F.S.; requiring school districts to promote
   28         the use of a mobile suspicious activity reporting tool
   29         through specified platforms and mediums; amending s.
   30         1001.10, F.S.; requiring the Commissioner of Education
   31         to review recommendations from the School Hardening
   32         and Harm Mitigation Workgroup; requiring the
   33         commissioner to submit a summary to the Governor and
   34         the Legislature by a specified date; providing
   35         requirements for the summary; amending s. 1001.11,
   36         F.S.; revising the duties of the commissioner to
   37         include oversight and facilitation of compliance with
   38         the safety and security requirements of the Marjory
   39         Stoneman Douglas High School Public Safety Act by
   40         specified persons and entities; amending s. 1001.212,
   41         F.S.; requiring the Office of Safe Schools to annually
   42         provide training for specified personnel; conforming
   43         provisions to changes made by the act; requiring the
   44         office to provide data to support the evaluation of
   45         mental health services; requiring the office to
   46         collect data through the school environmental safety
   47         incident reports; requiring the office to provide
   48         technical assistance for school safety incident
   49         reporting; requiring the office to review and evaluate
   50         school district reports for compliance; requiring a
   51         district school board to withhold a superintendent’s
   52         salary in response to the superintendent’s
   53         noncompliance; requiring the office to convene a
   54         School Hardening and Harm Mitigation Workgroup;
   55         providing for membership and duties of the workgroup;
   56         requiring the workgroup to submit a report and
   57         recommendations to the executive director of the
   58         office and the commissioner; providing requirements
   59         for the report; requiring the office to develop a
   60         behavioral threat assessment instrument; providing
   61         requirements for the instrument; requiring the office
   62         to establish the Statewide Threat Assessment Database
   63         Workgroup to make certain recommendations relating to
   64         a statewide threat assessment database; providing
   65         requirements for the database; requiring the workgroup
   66         to report recommendations to the office by a specified
   67         date; providing requirements for such recommendations;
   68         requiring the office to monitor school district and
   69         public school, including charter school, compliance
   70         with requirements relating to school safety; requiring
   71         the office to report incidents of noncompliance to the
   72         commissioner and the state board; amending s. 1002.33,
   73         F.S.; requiring charter schools to comply with
   74         specified provisions; amending s. 1003.25, F.S.;
   75         providing requirements for the transfer of certain
   76         student records; amending s. 1006.07, F.S.; requiring
   77         that a school safety specialist be a school
   78         administrator employed by the school district or a law
   79         enforcement officer employed by the sheriff’s office
   80         located in the school district; providing requirements
   81         for a school safety specialist designated from a
   82         sheriff’s office; providing that a school safety
   83         specialist designated from a sheriff’s office remains
   84         an employee of such office for certain purposes;
   85         authorizing the sheriff and school superintendent to
   86         determine by agreement the reimbursement or sharing of
   87         costs associated with employment of the law
   88         enforcement officer as a school safety specialist;
   89         requiring district school boards to adopt an active
   90         assailant response plan; requiring each district
   91         school superintendent and charter school principal to
   92         certify by a specified date, and annually thereafter,
   93         that all school personnel have received annual
   94         training under the plan; requiring that certain
   95         policies adopted by school districts include
   96         procedures for behavioral threat assessments;
   97         requiring threat assessment teams to utilize the
   98         behavioral threat assessment instrument and the threat
   99         assessment database developed by the office when they
  100         become available; requiring threat assessment teams to
  101         verify that, upon a student’s transfer to a different
  102         school, any intervention services provided to the
  103         student remain in place until the team makes a certain
  104         determination; requiring district school boards to
  105         adopt policies for accurate and timely reporting of
  106         school environmental safety incidents; providing
  107         penalties for noncompliance with such policies;
  108         requiring the State Board of Education to adopt rules
  109         establishing requirements for school environmental
  110         safety incident reports; amending s. 1006.12, F.S.;
  111         requiring a charter school governing board to partner
  112         with law enforcement agencies to establish or assign a
  113         safe-school officer; expanding the categories of
  114         individuals who may serve as school guardians;
  115         amending s. 1006.1493, F.S.; requiring the Florida
  116         Safe Schools Assessment Tool (FSSAT) to be the primary
  117         site security assessment tool for school districts;
  118         requiring the office to provide FSSAT training;
  119         requiring superintendents to annually submit FSSAT
  120         assessments to the department; providing requirements
  121         for the assessment; providing penalties for failure to
  122         comply with requirements; amending s. 1011.62, F.S.;
  123         modifying the required use of funds in the safe
  124         schools allocation; providing for retroactive
  125         application; providing legislative intent; expanding,
  126         as of a specified date, the categorical fund that may
  127         be accessed to improve classroom instruction or
  128         improve school safety; deleting obsolete language;
  129         expanding the purpose of the mental health assistance
  130         allocation; providing that charter schools that take a
  131         specified action are entitled to a proportionate share
  132         of certain funding; deleting a requirement that
  133         restricted to certain elements how a specified
  134         percentage of a district’s mental health assistance
  135         allocation could be expended; revising requirements
  136         for a plan required to be developed by school
  137         districts before distribution of such allocation;
  138         requiring that the plans include charter schools,
  139         except in certain circumstances; authorizing, rather
  140         than requiring, charter schools to develop and submit
  141         a specified plan; revising requirements for school
  142         districts’ and charter schools’ plans; deleting a
  143         requirement for school districts to submit a specified
  144         report to the department; reenacting s.
  145         921.0022(3)(b), F.S., relating to the offense severity
  146         ranking chart of the Criminal Punishment Code, to
  147         incorporate the amendment made to s. 843.08, F.S., in
  148         a reference thereto; providing a declaration of
  149         important state interest; providing effective dates.
  151  Be It Enacted by the Legislature of the State of Florida:
  153         Section 1. Paragraph (k) of subsection (1) of section
  154  30.15, Florida Statutes, is amended to read:
  155         30.15 Powers, duties, and obligations.—
  156         (1) Sheriffs, in their respective counties, in person or by
  157  deputy, shall:
  158         (k) Establish, if the sheriff so chooses, a Coach Aaron
  159  Feis Guardian Program to aid in the prevention or abatement of
  160  active assailant incidents on school premises. However, if a
  161  local school board has voted by a majority to implement such a
  162  program, the sheriff in that county shall establish a program,
  163  or contract with another sheriff’s office that has established a
  164  program, to provide training to school district or charter
  165  school employees. A sheriff who has established a guardian
  166  program may contract to provide training to a school district or
  167  charter school employee employed in a county whose sheriff has
  168  not established a guardian program. The sheriff conducting the
  169  training will be reimbursed for screening-related and training
  170  related costs and for providing a one-time stipend of $500 to
  171  each school guardian who participates in the school guardian
  172  program. A school guardian may not has no authority to act in
  173  any law enforcement capacity except to the extent necessary to
  174  prevent or abate an active assailant incident on a school
  175  premises. A Excluded from participating in the Coach Aaron Feis
  176  Guardian Program are individuals who exclusively perform
  177  classroom duties as classroom teachers as defined in s.
  178  1012.01(2)(a). This limitation does not apply to classroom
  179  teachers of a Junior Reserve Officers’ Training Corps program, a
  180  current servicemember, as defined in s. 250.01, or a current or
  181  former law enforcement officer, as defined in s. 943.10(1), (6),
  182  or (8). The sheriff who establishes a chooses to establish the
  183  program shall consult with the Department of Law Enforcement on
  184  programmatic guiding principles, practices, and resources, and
  185  shall certify appoint as school guardians, without the power of
  186  arrest, school employees or contract employees, as specified in
  187  s. 1006.12(3), who volunteer and who:
  188         1. Hold a valid license issued under s. 790.06.
  189         2. Complete a 144-hour training program, consisting of 12
  190  hours of a certified nationally recognized diversity training
  191  and 132 total hours of comprehensive firearm safety and
  192  proficiency training conducted by Criminal Justice Standards and
  193  Training Commission-certified instructors, which must include:
  194         a. Eighty hours of firearms instruction based on the
  195  Criminal Justice Standards and Training Commission’s Law
  196  Enforcement Academy training model, which must include at least
  197  10 percent but no more than 20 percent more rounds fired than
  198  associated with academy training. Program participants must
  199  achieve an 85 percent pass rate on the firearms training.
  200         b. Sixteen hours of instruction in precision pistol.
  201         c. Eight hours of discretionary shooting instruction using
  202  state-of-the-art simulator exercises.
  203         d. Eight hours of instruction in active shooter or
  204  assailant scenarios.
  205         e. Eight hours of instruction in defensive tactics.
  206         f. Twelve hours of instruction in legal issues.
  207         3. Pass a psychological evaluation administered by a
  208  psychologist licensed under chapter 490 and designated by the
  209  Department of Law Enforcement and submit the results of the
  210  evaluation to the sheriff’s office. The Department of Law
  211  Enforcement is authorized to provide the sheriff’s office with
  212  mental health and substance abuse data for compliance with this
  213  paragraph.
  214         4. Submit to and pass an initial drug test and subsequent
  215  random drug tests in accordance with the requirements of s.
  216  112.0455 and the sheriff’s office.
  217         5. Successfully complete ongoing training, weapon
  218  inspection, and firearm qualification on at least an annual
  219  basis.
  220         6. Successfully complete at least 12 hours of a certified
  221  nationally recognized diversity training program.
  223  The sheriff who conducts the guardian training shall issue a
  224  school guardian certificate to individuals who meet the
  225  requirements of this paragraph and subparagraph 2. The sheriff
  226  shall maintain documentation of weapon and equipment
  227  inspections, as well as the training, certification, inspection,
  228  and qualification records of each school guardian certified
  229  appointed by the sheriff. An individual who is certified under
  230  this paragraph may serve as a school guardian under s.
  231  1006.12(3) only if he or she is appointed by the applicable
  232  school district superintendent or charter school principal.
  233         Section 2. Effective October 1, 2019, section 843.08,
  234  Florida Statutes, is amended to read:
  235         843.08 False personation.—A person who falsely assumes or
  236  pretends to be a firefighter, a sheriff, an officer of the
  237  Florida Highway Patrol, an officer of the Fish and Wildlife
  238  Conservation Commission, a fire or arson investigator of the
  239  Department of Financial Services, an officer of the Department
  240  of Financial Services, an officer of the Department of
  241  Corrections, a correctional probation officer, a deputy sheriff,
  242  a state attorney or an assistant state attorney, a statewide
  243  prosecutor or an assistant statewide prosecutor, a state
  244  attorney investigator, a coroner, a police officer, a lottery
  245  special agent or lottery investigator, a beverage enforcement
  246  agent, a school guardian as described in s. 30.15(1)(k), a
  247  security officer licensed under chapter 493 or watchman, or any
  248  member of the Florida Commission on Offender Review or and any
  249  administrative aide or supervisor employed by the commission, or
  250  any personnel or representative of the Department of Law
  251  Enforcement, or a federal law enforcement officer as defined in
  252  s. 901.1505, and takes upon himself or herself to act as such,
  253  or to require any other person to aid or assist him or her in a
  254  matter pertaining to the duty of any such officer, commits a
  255  felony of the third degree, punishable as provided in s.
  256  775.082, s. 775.083, or s. 775.084. However, a person who
  257  falsely personates any such officer during the course of the
  258  commission of a felony commits a felony of the second degree,
  259  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  260  If the commission of the felony results in the death or personal
  261  injury of another human being, the person commits a felony of
  262  the first degree, punishable as provided in s. 775.082, s.
  263  775.083, or s. 775.084. The term “watchman” means a security
  264  officer licensed under chapter 493.
  265         Section 3. Subsection (16) is added to section 943.03,
  266  Florida Statutes, to read:
  267         943.03 Department of Law Enforcement.—
  268         (16) Upon request, the department shall consult with
  269  sheriffs to provide input regarding programmatic guiding
  270  principles, practices, and resources in order to assist in the
  271  development and implementation of the Coach Aaron Feis Guardian
  272  Program established pursuant to s. 30.15. Such input and
  273  guidance may include, but need not be limited to, standards,
  274  curriculum, instructional strategies, evaluation, certification,
  275  records retention, equipment, and other resource needs.
  276         Section 4. Subsection (4) of section 943.082, Florida
  277  Statutes, is amended to read:
  278         943.082 School Safety Awareness Program.—
  279         (4)(a) Law enforcement dispatch centers, school districts,
  280  schools, and other entities identified by the department must
  281  shall be made aware of the mobile suspicious activity reporting
  282  tool.
  283         (b)The district school board shall promote the use of the
  284  mobile suspicious activity reporting tool by advertising it on
  285  the school district website, in newsletters, on school campuses,
  286  and in school publications, by installing it on all mobile
  287  devices issued to students, and by bookmarking the website on
  288  all computer devices issued to students.
  289         Section 5. Subsection (9) is added to section 1001.10,
  290  Florida Statutes, to read:
  291         1001.10 Commissioner of Education; general powers and
  292  duties.—
  293         (9)The commissioner shall review the report of the School
  294  Hardening and Harm Mitigation Workgroup regarding hardening and
  295  harm mitigation strategies and recommendations submitted by the
  296  Office of Safe Schools, pursuant to s. 1001.212(11). By
  297  September 1, 2019, the commissioner shall submit a summary of
  298  such recommendations to the Governor, the President of the
  299  Senate, and the Speaker of the House of Representatives. At a
  300  minimum, the summary must include policy and funding
  301  enhancements and the estimated costs of and timeframes for
  302  implementation of the campus hardening and harm mitigation
  303  strategies recommended by the workgroup.
  304         Section 6. Subsection (9) is added to section 1001.11,
  305  Florida Statutes, to read:
  306         1001.11 Commissioner of Education; other duties.—
  307         (9) The commissioner shall oversee compliance with the
  308  safety and security requirements of the Marjory Stoneman Douglas
  309  High School Public Safety Act, chapter 2018-03, Laws of Florida,
  310  by school districts; district school superintendents; and public
  311  schools, including charter schools. The commissioner must
  312  facilitate compliance to the maximum extent provided under law,
  313  identify incidents of noncompliance, and impose or recommend to
  314  the State Board of Education, the Governor, or the Legislature
  315  enforcement and sanctioning actions pursuant to s. 1008.32 and
  316  other authority granted under law.
  317         Section 7. Section 1001.212, Florida Statutes, is amended
  318  to read:
  319         1001.212 Office of Safe Schools.—There is created in the
  320  Department of Education the Office of Safe Schools. The office
  321  is fully accountable to the Commissioner of Education. The
  322  office shall serve as a central repository for best practices,
  323  training standards, and compliance oversight in all matters
  324  regarding school safety and security, including prevention
  325  efforts, intervention efforts, and emergency preparedness
  326  planning. The office shall:
  327         (1) Establish and update as necessary a school security
  328  risk assessment tool for use by school districts pursuant to s.
  329  1006.07(6). The office shall make the security risk assessment
  330  tool available for use by charter schools. The office shall
  331  provide annual training to appropriate school district and
  332  charter school personnel on the proper assessment of physical
  333  site security and completion of the school security risk
  334  assessment tool.
  335         (2) Provide ongoing professional development opportunities
  336  to school district personnel.
  337         (3) Provide a coordinated and interdisciplinary approach to
  338  providing technical assistance and guidance to school districts
  339  on safety and security and recommendations to address findings
  340  identified pursuant to s. 1006.07(6).
  341         (4) Develop and implement a School Safety Specialist
  342  Training Program for school safety specialists appointed
  343  pursuant to s. 1006.07(6). The office shall develop the training
  344  program which shall be based on national and state best
  345  practices on school safety and security and must include active
  346  shooter training. The office shall develop training modules in
  347  traditional or online formats. A school safety specialist
  348  certificate of completion shall be awarded to a school safety
  349  specialist who satisfactorily completes the training required by
  350  rules of the office.
  351         (5) Review and provide recommendations on the security risk
  352  assessments. The department may contract with security
  353  personnel, consulting engineers, architects, or other safety and
  354  security experts the department deems necessary for safety and
  355  security consultant services.
  356         (6) Coordinate with the Department of Law Enforcement to
  357  provide a centralized integrated data repository and data
  358  analytics resources to improve access to timely, complete, and
  359  accurate information integrating data from, at a minimum, but
  360  not limited to, the following data sources by August 1, 2019
  361  December 1, 2018:
  362         (a) Social media Internet posts;
  363         (b) Department of Children and Families;
  364         (c) Department of Law Enforcement;
  365         (d) Department of Juvenile Justice;
  366         (e)Mobile suspicious activity reporting tool known as
  367  FortifyFL;
  368         (f)School environmental safety incident reports collected
  369  under subsection (8); and
  370         (g)(e) Local law enforcement.
  372  Data that is exempt or confidential and exempt from public
  373  records requirements retains its exempt or confidential and
  374  exempt status when incorporated into the centralized integrated
  375  data repository. To maintain the confidentiality requirements
  376  attached to the information provided to the centralized
  377  integrated data repository by the various state and local
  378  agencies, data governance and security shall ensure compliance
  379  with all applicable state and federal data privacy requirements
  380  through the use of user authorization and role-based security,
  381  data anonymization and aggregation and auditing capabilities. To
  382  maintain the confidentiality requirements attached to the
  383  information provided to the centralized integrated data
  384  repository by the various state and local agencies, each source
  385  agency providing data to the repository shall be the sole
  386  custodian of the data for the purpose of any request for
  387  inspection or copies thereof under chapter 119. The department
  388  shall only allow access to data from the source agencies in
  389  accordance with rules adopted by the respective source agencies
  390  and the requirements of the Federal Bureau of Investigation
  391  Criminal Justice Information Services security policy, where
  392  applicable.
  393         (7)Provide data to support the evaluation of mental health
  394  services pursuant to s. 1004.44.
  395         (8)Provide technical assistance to school districts and
  396  charter school governing boards for school environmental safety
  397  incident reporting as required under s. 1006.07(9). The office
  398  shall collect data through school environmental safety incident
  399  reports on incidents that occur on school premises, on school
  400  transportation, and at off-campus, school-sponsored events. The
  401  office shall review and evaluate school district reports to
  402  ensure compliance with reporting requirements. Upon notification
  403  by the department that a superintendent has failed to comply
  404  with the requirements of s. 1006.07(9), the district school
  405  board shall withhold further payment of his or her salary as
  406  authorized under s. 1001.42(13)(b) and impose other appropriate
  407  sanctions that the commissioner or state board by law may
  408  impose.
  409         (7)Data that is exempt or confidential and exempt from
  410  public records requirements retains its exempt or confidential
  411  and exempt status when incorporated into the centralized
  412  integrated data repository.
  413         (8)To maintain the confidentiality requirements attached
  414  to the information provided to the centralized integrated data
  415  repository by the various state and local agencies, data
  416  governance and security shall ensure compliance with all
  417  applicable state and federal data privacy requirements through
  418  the use of user authorization and role-based security, data
  419  anonymization and aggregation and auditing capabilities.
  420         (9)To maintain the confidentiality requirements attached
  421  to the information provided to the centralized integrated data
  422  repository by the various state and local agencies, each source
  423  agency providing data for the repository shall be the sole
  424  custodian of the data for the purpose of any request for
  425  inspection or copies thereof under chapter 119. The department
  426  shall only allow access to data from the source agencies in
  427  accordance with rules adopted by the respective source agencies.
  428         (9)(10) Award grants to schools to improve the safety and
  429  security of school buildings based upon recommendations of the
  430  security risk assessment developed pursuant to subsection (1).
  431         (10)(11) Disseminate, in consultation with the Department
  432  of Law Enforcement, to participating schools awareness and
  433  education materials on the School Safety Awareness Program
  434  developed pursuant to s. 943.082.
  435         (11)(a)Convene a School Hardening and Harm Mitigation
  436  Workgroup comprised of individuals with subject matter expertise
  437  on school campus hardening best practices. The workgroup shall
  438  meet as necessary to review school hardening and harm mitigation
  439  policies, including, but not limited to, the target hardening
  440  practices implemented in other states; the school safety
  441  guidelines developed by organizations such as the Partner
  442  Alliance for Safer Schools; the tiered approach to target campus
  443  hardening strategies identified in the initial report submitted
  444  by the Marjory Stoneman Douglas High School Public Safety
  445  Commission pursuant to s. 943.687(9); and the Florida Building
  446  Code for educational facilities construction to determine
  447  whether the building code may need to be modified to strengthen
  448  school safety and security. Based on this review of school
  449  safety best practices, by August 1, 2019, the workgroup shall
  450  submit a report to the executive director of the office, which
  451  includes, at a minimum:
  452         1. A prioritized list for the implementation of school
  453  campus hardening and harm mitigation strategies and the
  454  estimated costs of and timeframes for implementation of the
  455  strategies by school districts and charter schools. The
  456  estimated costs must include regional and statewide projections
  457  of the implementation costs.
  458         2. Recommendations for policy and funding enhancements to
  459  strengthen school safety and security.
  460         (b) Submit to the commissioner:
  461         1. The workgroup’s report pursuant to paragraph (a); and
  462         2. Recommendations regarding procedures for the office to
  463  use to monitor and enforce compliance by the school districts
  464  and charter schools in the implementation of the workgroup’s
  465  recommended campus hardening and harm mitigation strategies.
  466         (12) By August 1, 2019, develop a standardized, statewide
  467  behavioral threat assessment instrument for use by all public
  468  schools, including charter schools, which addresses early
  469  identification, evaluation, early intervention, and student
  470  support.
  471         (a) The standardized, statewide behavioral threat
  472  assessment instrument must include, but need not be limited to,
  473  components and forms that address:
  474         1. An assessment of the threat, which includes an
  475  assessment of the student, family, and school and social
  476  dynamics.
  477         2. An evaluation to determine if the threat is transient or
  478  substantive.
  479         3. The response to a substantive threat, which includes the
  480  school response and the role of law enforcement agencies.
  481         4. The response to a serious substantive threat, including
  482  mental health and law enforcement referrals.
  483         5. Ongoing monitoring to assess implementation of safety
  484  strategies.
  485         6. Training for members of threat assessment teams
  486  established under s. 1006.07(7) and school administrators
  487  regarding the use of the instrument.
  488         (b) The office shall:
  489         1.By August 1, 2020, evaluate each school district’s and
  490  charter school governing board’s behavioral threat assessment
  491  procedures for compliance with this subsection.
  492         2. Notify the district school superintendent or charter
  493  school governing board, as applicable, if the behavioral threat
  494  assessment is not in compliance with this subsection.
  495         3. Report any issues of ongoing noncompliance with this
  496  subsection to the commissioner and the district school
  497  superintendent or the charter school governing board, as
  498  applicable.
  499         (13) Establish the Statewide Threat Assessment Database
  500  Workgroup, composed of members appointed by the department, to
  501  complement the work of the department and the Department of Law
  502  Enforcement associated with the centralized integrated data
  503  repository and data analytics resources initiative and make
  504  recommendations regarding the development of a statewide threat
  505  assessment database. The database must allow authorized public
  506  school personnel to enter information related to any threat
  507  assessment conducted at their respective schools using the
  508  instrument developed by the office pursuant to subsection (12),
  509  and must provide such information to authorized personnel in
  510  each school district and public school and to appropriate
  511  stakeholders. By December 31, 2019, the workgroup shall provide
  512  a report to the office with recommendations that include, but
  513  need not be limited to:
  514         (a) Threat assessment data that should be required to be
  515  entered into the database.
  516         (b) School district and public school personnel who should
  517  be allowed to input student records to the database and view
  518  such records.
  519         (c) Database design and functionality, to include data
  520  security.
  521         (d) Restrictions and authorities on information sharing,
  522  including:
  523         1. Section 1002.22 and other applicable state laws.
  524         2. The Family Educational Rights and Privacy Act (FERPA),
  525  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
  526  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
  527  45 C.F.R. part 164, subpart E; and other applicable federal
  528  laws.
  529         3.The appropriateness of interagency agreements that will
  530  allow law enforcement to view database records.
  531         (e) The cost to develop and maintain a statewide online
  532  database.
  533         (f) An implementation plan and timeline for the workgroup
  534  recommendations.
  535         (14)Monitor compliance with requirements relating to
  536  school safety by school districts and public schools, including
  537  charter schools. The office shall report incidents of
  538  noncompliance to the commissioner pursuant to s. 1001.11(9) and
  539  the state board pursuant to s. 1008.32 and other requirements of
  540  law, as appropriate.
  541         Section 8. Paragraph (b) of subsection (16) of section
  542  1002.33, Florida Statutes, is amended to read:
  543         1002.33 Charter schools.—
  544         (16) EXEMPTION FROM STATUTES.—
  545         (b) Additionally, a charter school shall be in compliance
  546  with the following statutes:
  547         1. Section 286.011, relating to public meetings and
  548  records, public inspection, and criminal and civil penalties.
  549         2. Chapter 119, relating to public records.
  550         3. Section 1003.03, relating to the maximum class size,
  551  except that the calculation for compliance pursuant to s.
  552  1003.03 shall be the average at the school level.
  553         4. Section 1012.22(1)(c), relating to compensation and
  554  salary schedules.
  555         5. Section 1012.33(5), relating to workforce reductions.
  556         6. Section 1012.335, relating to contracts with
  557  instructional personnel hired on or after July 1, 2011.
  558         7. Section 1012.34, relating to the substantive
  559  requirements for performance evaluations for instructional
  560  personnel and school administrators.
  561         8.Section 1006.12, relating to safe-school officers.
  562         9. Section 1006.07(7), relating to threat assessment teams.
  563         10.Section 1006.07(9), relating to School Environmental
  564  Safety Incident Reporting.
  565         11.Section 1006.1493, relating to the Florida Safe Schools
  566  Assessment Tool.
  567         12. Section 1006.07(6)(c), relating to adopting an active
  568  assailant response plan.
  569         13. Section 943.082(4)(b), relating to the mobile
  570  suspicious activity reporting tool.
  571         14.Section 1012.584, relating to youth mental health
  572  awareness and assistance training.
  573         Section 9. Subsection (2) of section 1003.25, Florida
  574  Statutes, is amended to read:
  575         1003.25 Procedures for maintenance and transfer of student
  576  records.—
  577         (2) The procedure for transferring and maintaining records
  578  of students who transfer from school to school shall be
  579  prescribed by rules of the State Board of Education. The
  580  intradistrict transfer of records shall occur within 1 school
  581  day, and the interdistrict transfer of records shall occur
  582  within 2 school days. The records shall include:
  583         (a)Verified reports of serious or recurrent behavior
  584  patterns, including threat assessment evaluations and
  585  intervention services.
  586         (b)Psychological evaluations, including therapeutic
  587  treatment plans and therapy or progress notes created or
  588  maintained by school district or charter school staff, as
  589  appropriate.
  590         Section 10. Paragraph (b) of subsection (1) and subsections
  591  (6) and (7) of section 1006.07, Florida Statutes, are amended,
  592  and subsection (9) is added to that section, to read:
  593         1006.07 District school board duties relating to student
  594  discipline and school safety.—The district school board shall
  595  provide for the proper accounting for all students, for the
  596  attendance and control of students at school, and for proper
  597  attention to health, safety, and other matters relating to the
  598  welfare of students, including:
  599         (1) CONTROL OF STUDENTS.—
  600         (b) Require each student at the time of initial
  601  registration for school in the school district to note previous
  602  school expulsions, arrests resulting in a charge, juvenile
  603  justice actions, and any corresponding referral referrals to
  604  mental health services by the school district the student has
  605  had, and have the authority as the district school board of a
  606  receiving school district to honor the final order of expulsion
  607  or dismissal of a student by any in-state or out-of-state public
  608  district school board or private school, or lab school, for an
  609  act which would have been grounds for expulsion according to the
  610  receiving district school board’s code of student conduct, in
  611  accordance with the following procedures:
  612         1. A final order of expulsion shall be recorded in the
  613  records of the receiving school district.
  614         2. The expelled student applying for admission to the
  615  receiving school district shall be advised of the final order of
  616  expulsion.
  617         3. The district school superintendent of the receiving
  618  school district may recommend to the district school board that
  619  the final order of expulsion be waived and the student be
  620  admitted to the school district, or that the final order of
  621  expulsion be honored and the student not be admitted to the
  622  school district. If the student is admitted by the district
  623  school board, with or without the recommendation of the district
  624  school superintendent, the student may be placed in an
  625  appropriate educational program and referred to mental health
  626  services identified by the school district pursuant to s.
  627  1012.584(4), when appropriate, at the direction of the district
  628  school board.
  629         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  630  school superintendent shall establish policies and procedures
  631  for the prevention of violence on school grounds, including the
  632  assessment of and intervention with individuals whose behavior
  633  poses a threat to the safety of the school community.
  634         (a) Each district school superintendent shall designate a
  635  school administrator as a school safety specialist for the
  636  district. The school safety specialist must be a school
  637  administrator employed by the school district or a law
  638  enforcement officer employed by the sheriff’s office located in
  639  the school district. Any school safety specialist designated
  640  from the sheriff’s office must first be authorized and approved
  641  by the sheriff employing the law enforcement officer. Any school
  642  safety specialist designated from the sheriff’s office remains
  643  the employee of the office for purposes of compensation,
  644  insurance, workers compensation, and other benefits authorized
  645  by law for a law enforcement officer employed by the sheriff’s
  646  office. The sheriff and the school superintendent may determine
  647  by agreement the reimbursement for such costs, or may share the
  648  costs, associated with employment of the law enforcement officer
  649  as a school safety specialist. The school safety specialist must
  650  earn a certificate of completion of the school safety specialist
  651  training provided by the Office of Safe Schools within 1 year
  652  after appointment and is responsible for the supervision and
  653  oversight for all school safety and security personnel,
  654  policies, and procedures in the school district. The school
  655  safety specialist shall:
  656         1. Review school district policies and procedures for
  657  compliance with state law and rules, including the district’s
  658  timely and accurate submission of school environmental safety
  659  incident reports to the department pursuant to s. 1001.212(8).
  660         2. Provide the necessary training and resources to students
  661  and school district staff in matters relating to youth mental
  662  health awareness and assistance; emergency procedures, including
  663  active shooter training; and school safety and security.
  664         3. Serve as the school district liaison with local public
  665  safety agencies and national, state, and community agencies and
  666  organizations in matters of school safety and security.
  667         4. In collaboration with the appropriate public safety
  668  agencies, as that term is defined in s. 365.171, annually
  669  conduct a school security risk assessment in accordance with s.
  670  1006.1493 at each public school using the Florida Safe Schools
  671  Assessment Tool school security risk assessment tool developed
  672  by the Office of Safe Schools pursuant to s. 1006.1493. Based on
  673  the assessment findings, the district’s school safety specialist
  674  shall provide recommendations to the district school
  675  superintendent and the district school board which identify
  676  strategies and activities that the district school board should
  677  implement in order to address the findings and improve school
  678  safety and security. Annually, Each district school board must
  679  receive such findings and the school safety specialist’s
  680  recommendations at a publicly noticed district school board
  681  meeting to provide the public an opportunity to hear the
  682  district school board members discuss and take action on the
  683  findings and recommendations. Each school safety specialist
  684  shall report such findings and school board action to the Office
  685  of Safe Schools within 30 days after the district school board
  686  meeting.
  687         (b) Each school safety specialist shall coordinate with the
  688  appropriate public safety agencies, as defined in s. 365.171,
  689  that are designated as first responders to a school’s campus to
  690  conduct a tour of such campus once every 3 years and provide
  691  recommendations related to school safety. The recommendations by
  692  the public safety agencies must be considered as part of the
  693  recommendations by the school safety specialist pursuant to
  694  paragraph (a).
  695         (c)Each district school board and charter school governing
  696  board must adopt an active assailant response plan. By October
  697  1, 2019, and annually thereafter, each district school
  698  superintendent and charter school principal shall certify that
  699  all school personnel have received annual training on the
  700  procedures contained in the active assailant response plan for
  701  the applicable school district or charter school.
  702         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  703  shall adopt policies for the establishment of threat assessment
  704  teams at each school whose duties include the coordination of
  705  resources and assessment and intervention with individuals whose
  706  behavior may pose a threat to the safety of school staff or
  707  students consistent with the model policies developed by the
  708  Office of Safe Schools. Such policies must shall include
  709  procedures for referrals to mental health services identified by
  710  the school district pursuant to s. 1012.584(4), when
  711  appropriate, and procedures for behavioral threat assessments in
  712  compliance with the instrument developed pursuant to s.
  713  1001.212(12).
  714         (a) A threat assessment team shall include persons with
  715  expertise in counseling, instruction, school administration, and
  716  law enforcement. The threat assessment teams shall identify
  717  members of the school community to whom threatening behavior
  718  should be reported and provide guidance to students, faculty,
  719  and staff regarding recognition of threatening or aberrant
  720  behavior that may represent a threat to the community, school,
  721  or self. Upon the availability of the behavioral threat
  722  assessment instrument developed pursuant to s. 1001.212(12), the
  723  threat assessment team shall use that instrument.
  724         (b) Upon a preliminary determination that a student poses a
  725  threat of violence or physical harm to himself or herself or
  726  others, a threat assessment team shall immediately report its
  727  determination to the superintendent or his or her designee. The
  728  superintendent or his or her designee shall immediately attempt
  729  to notify the student’s parent or legal guardian. Nothing in
  730  this subsection shall preclude school district personnel from
  731  acting immediately to address an imminent threat.
  732         (c) Upon a preliminary determination by the threat
  733  assessment team that a student poses a threat of violence to
  734  himself or herself or others or exhibits significantly
  735  disruptive behavior or need for assistance, authorized members
  736  of the threat assessment team may obtain criminal history record
  737  information pursuant to s. 985.04(1), as provided in s. 985.047.
  738  A member of a threat assessment team may not disclose any
  739  criminal history record information obtained pursuant to this
  740  section or otherwise use any record of an individual beyond the
  741  purpose for which such disclosure was made to the threat
  742  assessment team.
  743         (d) Notwithstanding any other provision of law, all state
  744  and local agencies and programs that provide services to
  745  students experiencing or at risk of an emotional disturbance or
  746  a mental illness, including the school districts, school
  747  personnel, state and local law enforcement agencies, the
  748  Department of Juvenile Justice, the Department of Children and
  749  Families, the Department of Health, the Agency for Health Care
  750  Administration, the Agency for Persons with Disabilities, the
  751  Department of Education, the Statewide Guardian Ad Litem Office,
  752  and any service or support provider contracting with such
  753  agencies, may share with each other records or information that
  754  are confidential or exempt from disclosure under chapter 119 if
  755  the records or information are reasonably necessary to ensure
  756  access to appropriate services for the student or to ensure the
  757  safety of the student or others. All such state and local
  758  agencies and programs shall communicate, collaborate, and
  759  coordinate efforts to serve such students.
  760         (e) If an immediate mental health or substance abuse crisis
  761  is suspected, school personnel shall follow policies established
  762  by the threat assessment team to engage behavioral health crisis
  763  resources. Behavioral health crisis resources, including, but
  764  not limited to, mobile crisis teams and school resource officers
  765  trained in crisis intervention, shall provide emergency
  766  intervention and assessment, make recommendations, and refer the
  767  student for appropriate services. Onsite school personnel shall
  768  report all such situations and actions taken to the threat
  769  assessment team, which shall contact the other agencies involved
  770  with the student and any known service providers to share
  771  information and coordinate any necessary followup actions. Upon
  772  the student’s transfer to a different school, the threat
  773  assessment team shall verify that any intervention services
  774  provided to the student remain in place until the threat
  775  assessment team of the receiving school independently determines
  776  the need for intervention services.
  777         (f) Each threat assessment team established pursuant to
  778  this subsection shall report quantitative data on its activities
  779  to the Office of Safe Schools in accordance with guidance from
  780  the office and shall utilize the threat assessment database
  781  developed pursuant to s. 1001.212(13) upon the availability of
  782  the database.
  784  district school board shall adopt policies to ensure the
  785  accurate and timely reporting of incidents related to school
  786  safety and discipline. The district school superintendent is
  787  responsible for school environmental safety incident reporting.
  788  A district school superintendent who fails to comply with this
  789  subsection is subject to the penalties specified in law,
  790  including, but not limited to, s. 1001.42(13)(b) or s.
  791  1001.51(12)(b), as applicable. The State Board of Education
  792  shall adopt rules establishing the requirements for the school
  793  environmental safety incident report.
  794         Section 11. Section 1006.12, Florida Statutes, is amended
  795  to read:
  796         1006.12 Safe-school officers at each public school.—For the
  797  protection and safety of school personnel, property, students,
  798  and visitors, each district school board, and school district
  799  superintendent, and charter school governing board, as
  800  applicable, shall partner with law enforcement agencies to
  801  establish or assign one or more safe-school officers at each
  802  school facility within the district by implementing any
  803  combination of the following options which best meets the needs
  804  of the school district:
  805         (1) Establish school resource officer programs, through a
  806  cooperative agreement with law enforcement agencies.
  807         (a) School resource officers shall undergo criminal
  808  background checks, drug testing, and a psychological evaluation
  809  and be certified law enforcement officers, as defined in s.
  810  943.10(1), who are employed by a law enforcement agency as
  811  defined in s. 943.10(4). The powers and duties of a law
  812  enforcement officer shall continue throughout the employee’s
  813  tenure as a school resource officer.
  814         (b) School resource officers shall abide by district school
  815  board policies and shall consult with and coordinate activities
  816  through the school principal, but shall be responsible to the
  817  law enforcement agency in all matters relating to employment,
  818  subject to agreements between a district school board and a law
  819  enforcement agency. Activities conducted by the school resource
  820  officer which are part of the regular instructional program of
  821  the school shall be under the direction of the school principal.
  822         (c) Complete mental health crisis intervention training
  823  using a curriculum developed by a national organization with
  824  expertise in mental health crisis intervention. The training
  825  shall improve officers’ knowledge and skills as first responders
  826  to incidents involving students with emotional disturbance or
  827  mental illness, including de-escalation skills to ensure student
  828  and officer safety.
  829         (2) Commission one or more school safety officers for the
  830  protection and safety of school personnel, property, and
  831  students within the school district. The district school
  832  superintendent may recommend, and the district school board may
  833  appoint, one or more school safety officers.
  834         (a) School safety officers shall undergo criminal
  835  background checks, drug testing, and a psychological evaluation
  836  and be law enforcement officers, as defined in s. 943.10(1),
  837  certified under the provisions of chapter 943 and employed by
  838  either a law enforcement agency or by the district school board.
  839  If the officer is employed by the district school board, the
  840  district school board is the employing agency for purposes of
  841  chapter 943, and must comply with the provisions of that
  842  chapter.
  843         (b) A school safety officer has and shall exercise the
  844  power to make arrests for violations of law on district school
  845  board property and to arrest persons, whether on or off such
  846  property, who violate any law on such property under the same
  847  conditions that deputy sheriffs are authorized to make arrests.
  848  A school safety officer has the authority to carry weapons when
  849  performing his or her official duties.
  850         (c) A district school board may enter into mutual aid
  851  agreements with one or more law enforcement agencies as provided
  852  in chapter 23. A school safety officer’s salary may be paid
  853  jointly by the district school board and the law enforcement
  854  agency, as mutually agreed to.
  855         (3) At the school district’s or the charter school
  856  governing board’s discretion, participate in the Coach Aaron
  857  Feis Guardian Program if such program is established pursuant to
  858  s. 30.15, to meet the requirement of establishing a safe-school
  859  officer. The following individuals may serve as a school
  860  guardian upon satisfactory completion of the requirements under
  861  s. 30.15(1)(k) and certification by a sheriff:
  862         (a) A school district employee or personnel, as defined
  863  under s. 1012.01, or a charter school employee, as provided
  864  under s. 1002.33(12)(a), who volunteers to serve as a school
  865  guardian in addition to his or her official job duties;
  866         (b) An employee of a school district or a charter school
  867  who is hired for the specific purpose of serving as a school
  868  guardian; or
  869         (c) A contract employee licensed under s. 493.6301 who
  870  works in the school district or for a charter school through a
  871  contract with a security agency as that term is defined in s.
  872  493.6101(18). Contract employees may receive school guardian
  873  training through a participating sheriff’s office contingent
  874  upon defined financial or service obligations by the security
  875  agency enumerated in the contract between the school district or
  876  the charter school governing board, as appropriate, and the
  877  security agency.
  878         (4) Any information that would identify whether a
  879  particular individual has been appointed as a safe-school
  880  officer pursuant to this section held by a law enforcement
  881  agency, school district, or charter school is exempt from s.
  882  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  883  subsection is subject to the Open Government Sunset Review Act
  884  in accordance with s. 119.15 and shall stand repealed on October
  885  2, 2023, unless reviewed and saved from repeal through
  886  reenactment by the Legislature.
  887         Section 12. Section 1006.1493, Florida Statutes, is amended
  888  to read:
  889         1006.1493 Florida Safe Schools Assessment Tool.—
  890         (1) The department, through the Office of Safe Schools
  891  pursuant s. 1001.212, shall contract with a security consulting
  892  firm that specializes in the development of risk assessment
  893  software solutions and has experience in conducting security
  894  assessments of public facilities to develop, update, and
  895  implement a risk assessment tool, which shall be known as the
  896  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
  897  the primary physical site security assessment tool as revised
  898  and required by the Office of Safe Schools which is used by
  899  school officials at each school district and public school site
  900  in the state in conducting security assessments for use by
  901  school officials at each school district and public school site
  902  in the state.
  903         (2) The FSSAT must help school officials identify threats,
  904  vulnerabilities, and appropriate safety controls for the schools
  905  that they supervise, pursuant to the security risk assessment
  906  requirements of s. 1006.07(6).
  907         (a) At a minimum, the FSSAT must address all of the
  908  following components:
  909         1. School emergency and crisis preparedness planning;
  910         2. Security, crime, and violence prevention policies and
  911  procedures;
  912         3. Physical security measures;
  913         4. Professional development training needs;
  914         5. An examination of support service roles in school
  915  safety, security, and emergency planning;
  916         6. School security and school police staffing, operational
  917  practices, and related services;
  918         7. School and community collaboration on school safety; and
  919         8. A return on investment analysis of the recommended
  920  physical security controls.
  921         (b) The department shall require by contract that the
  922  security consulting firm:
  923         1. Generate written automated reports on assessment
  924  findings for review by the department and school and district
  925  officials;
  926         2. Provide training to the department and school officials
  927  in the use of the FSSAT and other areas of importance identified
  928  by the department; and
  929         3. Advise in the development and implementation of
  930  templates, formats, guidance, and other resources necessary to
  931  facilitate the implementation of this section at state,
  932  district, school, and local levels.
  933         (3) The Office of Safe Schools must provide annual training
  934  to each district’s school safety specialist and other
  935  appropriate school district personnel on the assessment of
  936  physical site security and completing the FSSAT.
  937         (4)By October 1 of each year, each district school
  938  superintendent shall submit an FSSAT assessment to the
  939  department for each school site. Each school-specific assessment
  940  must be approved by the district superintendent or his or her
  941  designee, who must be the district’s school safety specialist or
  942  a deputy superintendent or assistant superintendent. Any
  943  superintendent who fails to comply with the requirements of this
  944  subsection is subject to penalties under s. 1001.51(12)(b) and
  945  other sanctions that may be applied by the commissioner or state
  946  board.
  947         (5)By December 1 of each year, By December 1, 2018, and
  948  annually by that date thereafter, the department shall must
  949  report to the Governor, the President of the Senate, and the
  950  Speaker of the House of Representatives on the status of
  951  implementation across school districts and schools. The report
  952  must include a summary of the positive school safety measures in
  953  place at the time of the assessment and any recommendations for
  954  policy changes or funding needed to facilitate continued school
  955  safety planning, improvement, and response at the state,
  956  district, or school levels.
  957         (6)(4) In accordance with ss. 119.071(3)(a) and 281.301,
  958  data and information related to security risk assessments
  959  administered pursuant to this section and s. 1006.07(6) and the
  960  security information contained in the annual report required
  961  pursuant to subsection (5) subsection (3) are confidential and
  962  exempt from public records requirements.
  963         Section 13. Subsection (15) of section 1011.62, Florida
  964  Statutes, is amended to read:
  965         1011.62 Funds for operation of schools.—If the annual
  966  allocation from the Florida Education Finance Program to each
  967  district for operation of schools is not determined in the
  968  annual appropriations act or the substantive bill implementing
  969  the annual appropriations act, it shall be determined as
  970  follows:
  971         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  972  created to provide funding to assist school districts in their
  973  compliance with ss. 1006.07-1006.12 s. 1006.07, with priority
  974  given to safe-school officers implementing the district’s school
  975  resource officer program pursuant to s. 1006.12. Each school
  976  district shall receive a minimum safe schools allocation in an
  977  amount provided in the General Appropriations Act. Of the
  978  remaining balance of the safe schools allocation, two-thirds
  979  shall be allocated to school districts based on the most recent
  980  official Florida Crime Index provided by the Department of Law
  981  Enforcement and one-third shall be allocated based on each
  982  school district’s proportionate share of the state’s total
  983  unweighted full-time equivalent student enrollment. Any
  984  additional funds appropriated to this allocation in the 2018
  985  2019 fiscal year must to the school resource officer program
  986  established pursuant to s. 1006.12 shall be used exclusively for
  987  employing or contracting for safe-school resource officers,
  988  established or assigned under s. 1006.12 which shall be in
  989  addition to the number of officers employed or contracted for in
  990  the 2017-2018 fiscal year. This subsection applies retroactively
  991  to July 1, 2018. The amendments to this subsection are intended
  992  to be clarifying and remedial in nature.
  993         Section 14. Effective July 1, 2019, paragraph (b) of
  994  subsection (6), subsection (15), as amended by this act, and
  995  subsection (16) of section 1011.62, Florida Statutes, are
  996  amended to read:
  997         1011.62 Funds for operation of schools.—If the annual
  998  allocation from the Florida Education Finance Program to each
  999  district for operation of schools is not determined in the
 1000  annual appropriations act or the substantive bill implementing
 1001  the annual appropriations act, it shall be determined as
 1002  follows:
 1003         (6) CATEGORICAL FUNDS.—
 1004         (b) If a district school board finds and declares in a
 1005  resolution adopted at a regular meeting of the school board that
 1006  the funds received for any of the following categorical
 1007  appropriations are urgently needed to maintain school board
 1008  specified academic classroom instruction or improve school
 1009  safety, the school board may consider and approve an amendment
 1010  to the school district operating budget transferring the
 1011  identified amount of the categorical funds to the appropriate
 1012  account for expenditure:
 1013         1. Funds for student transportation.
 1014         2. Funds for research-based reading instruction if the
 1015  required additional hour of instruction beyond the normal school
 1016  day for each day of the entire school year has been provided for
 1017  the students in each low-performing elementary school in the
 1018  district pursuant to paragraph (9)(a).
 1019         3. Funds for instructional materials if all instructional
 1020  material purchases necessary to provide updated materials that
 1021  are aligned with applicable state standards and course
 1022  descriptions and that meet statutory requirements of content and
 1023  learning have been completed for that fiscal year, but no sooner
 1024  than March 1. Funds available after March 1 may be used to
 1025  purchase hardware for student instruction.
 1026         4.Funds for the guaranteed allocation as provided in
 1027  subparagraph (1)(e)2.
 1028         5.Funds for the supplemental academic instruction
 1029  allocation as provided in paragraph (1)(f).
 1030         6. Funds for the Florida digital classrooms allocation as
 1031  provided in subsection (12).
 1032         7. Funds for the federally connected student supplement as
 1033  provided in subsection (13).
 1034         8. Funds for class size reduction as provided in s.
 1035  1011.685.
 1036         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1037  created to provide funding to assist school districts in their
 1038  compliance with ss. 1006.07-1006.12, with priority given to
 1039  safe-school officers pursuant to s. 1006.12. Each school
 1040  district shall receive a minimum safe schools allocation in an
 1041  amount provided in the General Appropriations Act. Of the
 1042  remaining balance of the safe schools allocation, one-third two
 1043  thirds shall be allocated to school districts based on the most
 1044  recent official Florida Crime Index provided by the Department
 1045  of Law Enforcement and two-thirds one-third shall be allocated
 1046  based on each school district’s proportionate share of the
 1047  state’s total unweighted full-time equivalent student
 1048  enrollment. Any additional funds appropriated to this allocation
 1049  in the 2018-2019 fiscal year must be used exclusively for
 1050  employing or contracting for safe-school officers, established
 1051  or assigned under s. 1006.12. This subsection applies
 1052  retroactively to July 1, 2018. The amendments to this subsection
 1053  are intended to be clarifying and remedial in nature.
 1054         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1055  assistance allocation is created to provide funding to assist
 1056  school districts in establishing or expanding school-based
 1057  mental health care and mental health programs that increase
 1058  awareness of mental health issues among children and school-age
 1059  youth; train educators and other school staff in detecting and
 1060  responding to mental health issues; and connect children, youth,
 1061  and families who may experience behavioral health issues with
 1062  appropriate services. These funds shall be allocated annually in
 1063  the General Appropriations Act or other law to each eligible
 1064  school district. Each school district shall receive a minimum of
 1065  $100,000, with the remaining balance allocated based on each
 1066  school district’s proportionate share of the state’s total
 1067  unweighted full-time equivalent student enrollment. Eligible
 1068  Charter schools that submit a plan separate from the school
 1069  district are entitled to a proportionate share of district
 1070  funding. At least 90 percent of a district’s allocation must be
 1071  expended on the elements specified in subparagraphs (b)1. and 2.
 1072  The allocated funds may not supplant funds that are provided for
 1073  this purpose from other operating funds and may not be used to
 1074  increase salaries or provide bonuses. School districts are
 1075  encouraged to maximize third-party third party health insurance
 1076  benefits and Medicaid claiming for services, where appropriate.
 1077         (a) Before the distribution of the allocation:
 1078         1. The school district must develop and submit a detailed
 1079  plan outlining the local program and planned expenditures to the
 1080  district school board for approval. This plan must include all
 1081  district schools, including charter schools, unless a charter
 1082  school elects to submit a plan independently from the school
 1083  district pursuant to subparagraph 2.
 1084         2. A charter school may must develop and submit a detailed
 1085  plan outlining the local program and planned expenditures to its
 1086  governing body for approval. After the plan is approved by the
 1087  governing body, it must be provided to the charter school’s
 1088  sponsor.
 1089         (b) The plans required under paragraph (a) must be focused
 1090  on a multi-tiered system of supports to deliver delivering
 1091  evidence-based mental health care assessment, diagnosis,
 1092  intervention, treatment, and recovery services to students with
 1093  one or more mental health or co-occurring substance abuse
 1094  diagnoses and to students at high risk of such diagnoses. The
 1095  provision of these services must be coordinated with a student’s
 1096  primary mental health care provider and with other mental health
 1097  providers involved in the student’s care. At a minimum, the
 1098  plans must treatment to children and include the following
 1099  elements:
 1100         1. Direct employment of school-based mental health services
 1101  providers to expand and enhance school-based student services
 1102  and to reduce the ratio of students to staff in order to better
 1103  align with nationally recommended ratio models. These providers
 1104  include, but are not limited to, school counselors, school
 1105  health staff, school psychologists, school social workers, and
 1106  other licensed mental health professionals. The plan also must
 1107  identify strategies to increase the amount of time that school
 1108  based student services personnel spend providing direct services
 1109  to students, which may include the review and revision of
 1110  district staffing resource allocations based on school or
 1111  student mental health assistance needs Provision of mental
 1112  health assessment, diagnosis, intervention, treatment, and
 1113  recovery services to students with one or more mental health or
 1114  co-occurring substance abuse diagnoses and students at high risk
 1115  of such diagnoses.
 1116         2. Contracts or interagency agreements with one or more
 1117  nationally accredited local community behavioral health
 1118  providers or providers of Community Action Team services to
 1119  provide a behavioral health staff presence and services at
 1120  district schools. Services may include, but are not limited to,
 1121  mental health screenings and assessments, individual counseling,
 1122  family counseling, group counseling, psychiatric or
 1123  psychological services, trauma-informed care, mobile crisis
 1124  services, and behavior modification. These behavioral health
 1125  services may be provided on or off the school campus and may be
 1126  supplemented by telehealth Coordination of such services with a
 1127  student’s primary care provider and with other mental health
 1128  providers involved in the student’s care.
 1129         3. Policies and procedures, including contracts with
 1130  service providers, which will ensure that students who are
 1131  referred to a school-based or community-based mental health
 1132  service provider for mental health screening for the
 1133  identification of mental health concerns and ensure that the
 1134  assessment of students at risk for mental health disorders
 1135  occurs within 15 days of referral. School-based mental health
 1136  services must be initiated within 15 days after identification
 1137  and assessment, and support by community-based mental health
 1138  service providers for students who are referred for community
 1139  based mental health services must be initiated within 30 days
 1140  after the school or district makes a referral Direct employment
 1141  of such service providers, or a contract-based collaborative
 1142  effort or partnership with one or more local community mental
 1143  health programs, agencies, or providers.
 1144         4.Programs to assist students in dealing with anxiety,
 1145  depression, bullying, trauma, and violence.
 1146         5. Strategies or programs to reduce the likelihood of at
 1147  risk students developing social, emotional, or behavioral health
 1148  problems, suicidal tendencies, or substance use disorders.
 1149         6. Strategies to improve the early identification of
 1150  social, emotional, or behavioral problems or substance use
 1151  disorders and to improve the provision of early intervention
 1152  services.
 1153         7.Information and data on the following:
 1154         a. The number and types of school-based student services
 1155  personnel employed from the funds provided through the
 1156  allocation;
 1157         b. The number of students who received school-based mental
 1158  health interventions during the prior school year; and
 1159         c. The number of students referred to community-based
 1160  mental health care providers for services during the prior
 1161  school year.
 1162         (c) School districts shall submit approved plans, including
 1163  approved plans of each charter school in the district, to the
 1164  commissioner by August 1 of each fiscal year.
 1165         (d) Beginning September 30, 2019, and annually by September
 1166  30 thereafter, each school district shall submit to the
 1167  Department of Education a report on its program outcomes and
 1168  expenditures for the previous fiscal year that, at a minimum,
 1169  must include the number of each of the following:
 1170         1. Students who receive screenings or assessments.
 1171         2. Students who are referred for services or assistance.
 1172         3. Students who receive services or assistance.
 1173         4. Direct employment service providers employed by each
 1174  school district.
 1175         5. Contract-based collaborative efforts or partnerships
 1176  with community mental health programs, agencies, or providers.
 1177         Section 15. For the purpose of incorporating the amendment
 1178  made by this act to section 843.08, Florida Statutes, in a
 1179  reference thereto, paragraph (b) of subsection (3) of section
 1180  921.0022, Florida Statutes, is reenacted to read:
 1181         921.0022 Criminal Punishment Code; offense severity ranking
 1182  chart.—
 1184         (b) LEVEL 2
 1186  FloridaStatute             FelonyDegree        Description        
 1187  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 1188  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 1189  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.
 1190  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 1191  590.28(1)                      3rd     Intentional burning of lands.
 1192  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 1193  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 1194  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 1195  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 1196  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 1197  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
 1198  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 1199  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 1200  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 1201  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 1202  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 1203  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 1204  817.60(5)                      3rd     Dealing in credit cards of another.
 1205  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 1206  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 1207  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 1208  831.01                         3rd     Forgery.                   
 1209  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 1210  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 1211  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 1212  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 1213  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 1214  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 1215  843.08                         3rd     False personation.         
 1216  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.
 1217  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 1219         Section 16. The Legislature finds that a proper and
 1220  legitimate state purpose is served when district school boards
 1221  are afforded options for the provision of safe-school officers
 1222  for the protection and safety of school personnel, property,
 1223  students, and visitors. School guardians must be available to
 1224  any district school board that chooses such an option.
 1225  Therefore, the Legislature determines and declares that this act
 1226  fulfills an important state interest.
 1227         Section 17. Except as otherwise expressly provided in this
 1228  act, this act shall take effect upon becoming a law.