Florida Senate - 2019 (PROPOSED BILL) SPB 7030
FOR CONSIDERATION By the Committee on Education
581-02011C-19 20197030pb
1 A bill to be entitled
2 An act relating to school safety and security;
3 amending s. 30.15, F.S.; requiring a sheriff to
4 establish a school guardian program under a certain
5 condition; removing the prohibition against classroom
6 teachers serving as school guardians; amending s.
7 943.082, F.S.; requiring school districts to promote a
8 mobile suspicious activity reporting tool through
9 specified mediums; amending s. 1001.10, F.S.;
10 requiring the Commissioner of Education to review
11 recommendations from the School Hardening and Harm
12 Mitigation Workgroup; requiring the commissioner to
13 submit a summary to the Governor and the Legislature
14 by a specified date; providing requirements for the
15 summary; amending s. 1001.11, F.S.; revising the
16 duties of the commissioner to include oversight of
17 compliance with the safety and security requirements
18 of the Marjory Stoneman Douglas High School Public
19 Safety Act by specified persons and entities; amending
20 s. 1001.212, F.S.; requiring the Office of Safe
21 Schools to annually provide training for specified
22 personnel; requiring the office to convene a School
23 Hardening and Harm Mitigation Workgroup; providing for
24 membership and duties of the workgroup; requiring the
25 workgroup to submit a report and recommendations to
26 the commissioner; requiring the office to provide
27 technical assistance for school safety incident
28 reporting; requiring the office to review and evaluate
29 school district reports for compliance; requiring a
30 district school board to withhold a superintendent’s
31 salary in response to the superintendent’s
32 noncompliance; requiring the office to develop a
33 behavioral threat assessment instrument; providing
34 requirements for the instrument; requiring the office
35 to establish the Statewide Threat Assessment Database
36 Workgroup to make certain recommendations relating to
37 a statewide threat assessment database; providing
38 requirements for the database; requiring the workgroup
39 to report recommendations to the office by a specified
40 date; providing requirements for such recommendations;
41 requiring the office to monitor school district and
42 public school, including charter schools, compliance
43 with requirements relating to school safety; requiring
44 the office to review and approve district school board
45 and charter school active assailant policies and
46 report deficiencies; amending s. 1002.33, F.S.;
47 requiring a charter school to comply with specified
48 provisions; amending s. 1006.04, F.S.; establishing
49 timeframes within which students with mental,
50 emotional, or behavioral disorders must be referred
51 for services; amending s. 1006.07, F.S.; requiring
52 that a school security risk assessment conducted by a
53 school safety specialist be completed in conjunction
54 with specified municipal or county first responders;
55 requiring district school boards to adopt and submit
56 to the office an active assailant response policy;
57 requiring that the policy be recommended by the
58 district superintendent; requiring that any school
59 specific modifications to the policy be approved by
60 the district superintendents; requiring that certain
61 policies adopted by school districts include
62 procedures for behavioral threat assessments;
63 requiring threat assessment teams to utilize the
64 behavioral threat assessment instrument and the threat
65 assessment database developed by the office when they
66 become available; requiring district school boards to
67 adopt policies for accurate and timely reporting of
68 school environmental safety incidents; providing
69 penalties for noncompliance with such policies;
70 requiring the State Board of Education to adopt by
71 rule requirements for school environmental safety
72 incident reports; amending s. 1006.12, F.S.; requiring
73 a charter school governing board to partner with law
74 enforcement agencies to establish or assign a safe
75 school officer; expanding the categories of
76 individuals who may serve as school guardians;
77 amending s. 1006.1493, F.S.; requiring the Florida
78 Safe Schools Assessment Tool (FSSAT) to be the primary
79 site security assessment tool for school districts;
80 requiring the office to provide FSSAT training;
81 requiring the superintendent to certify FSSAT
82 assessments within a certain timeframe; providing
83 penalties for failure to comply with requirements;
84 deleting obsolete language; amending s. 1011.62, F.S.;
85 modifying the required use of funds in the safe
86 schools allocation; providing for retroactive
87 application; providing legislative intent; expanding,
88 as of a specified date, the categorical fund that may
89 be accessed to improve classroom instruction or
90 improve school safety; deleting obsolete language;
91 providing a declaration of important state interest;
92 providing an effective date.
93
94 Be It Enacted by the Legislature of the State of Florida:
95
96 Section 1. Paragraph (k) of subsection (1) of section
97 30.15, Florida Statutes, is amended to read
98 30.15 Powers, duties, and obligations.—
99 (1) Sheriffs, in their respective counties, in person or by
100 deputy, shall:
101 (k) Establish, if the sheriff so chooses, a Coach Aaron
102 Feis Guardian Program to aid in the prevention or abatement of
103 active assailant incidents on school premises. However, if a
104 local school board has voted by a majority to implement such a
105 program, the sheriff in that county shall establish a program. A
106 school guardian may not has no authority to act in any law
107 enforcement capacity except to the extent necessary to prevent
108 or abate an active assailant incident on a school premises. A
109 Excluded from participating in the Coach Aaron Feis Guardian
110 Program are individuals who exclusively perform classroom duties
111 as classroom teachers as defined in s. 1012.01(2)(a). This
112 limitation does not apply to classroom teachers of a Junior
113 Reserve Officers’ Training Corps program, a current
114 servicemember, as defined in s. 250.01, or a current or former
115 law enforcement officer, as defined in s. 943.10(1), (6), or
116 (8). The sheriff who establishes a chooses to establish the
117 program shall certify appoint as school guardians, without the
118 power of arrest, school employees or contract employees, as
119 specified in s. 1006.12(3), who volunteer and who:
120 1. Hold a valid license issued under s. 790.06.
121 2. Complete 132 total hours of comprehensive firearm safety
122 and proficiency training conducted by Criminal Justice Standards
123 and Training Commission-certified instructors, which must
124 include:
125 a. Eighty hours of firearms instruction based on the
126 Criminal Justice Standards and Training Commission’s Law
127 Enforcement Academy training model, which must include at least
128 10 percent but no more than 20 percent more rounds fired than
129 associated with academy training. Program participants must
130 achieve an 85 percent pass rate on the firearms training.
131 b. Sixteen hours of instruction in precision pistol.
132 c. Eight hours of discretionary shooting instruction using
133 state-of-the-art simulator exercises.
134 d. Eight hours of instruction in active shooter or
135 assailant scenarios.
136 e. Eight hours of instruction in defensive tactics.
137 f. Twelve hours of instruction in legal issues.
138 3. Pass a psychological evaluation administered by a
139 psychologist licensed under chapter 490 and designated by the
140 Department of Law Enforcement and submit the results of the
141 evaluation to the sheriff’s office. The Department of Law
142 Enforcement is authorized to provide the sheriff’s office with
143 mental health and substance abuse data for compliance with this
144 paragraph.
145 4. Submit to and pass an initial drug test and subsequent
146 random drug tests in accordance with the requirements of s.
147 112.0455 and the sheriff’s office.
148 5. Successfully complete ongoing training, weapon
149 inspection, and firearm qualification on at least an annual
150 basis.
151 6. Successfully complete at least 12 hours of a certified
152 nationally recognized diversity training program.
153
154 The sheriff shall issue a school guardian certificate to
155 individuals who meet the requirements of this paragraph and
156 subparagraph 2. The sheriff shall maintain documentation of
157 weapon and equipment inspections, as well as the training,
158 certification, inspection, and qualification records of each
159 school guardian appointed by the sheriff.
160 Section 2. Subsection (4) of section 943.082, Florida
161 Statutes, is amended to read:
162 943.082 School Safety Awareness Program.—
163 (4)(a) Law enforcement dispatch centers, school districts,
164 schools, and other entities identified by the department must
165 shall be made aware of the mobile suspicious activity reporting
166 tool.
167 (b) The district school board shall promote the use of the
168 mobile suspicious activity reporting tool by advertising it on
169 the school district website, in newsletters, on school campuses,
170 and in school publications and by installing it on all computer
171 devices issued to students.
172 Section 3. Subsection (9) is added to section 1001.10,
173 Florida Statutes, to read:
174 1001.10 Commissioner of Education; general powers and
175 duties.—
176 (9) The commissioner shall review the report of the School
177 Hardening and Harm Mitigation Workgroup regarding hardening and
178 harm mitigation strategies and recommendations submitted by the
179 Office of Safe Schools, pursuant to s. 1001.212(12). By
180 September 1, 2019, the commissioner shall submit a summary of
181 such recommendations to the Governor, the President of the
182 Senate, and the Speaker of the House of Representatives. At a
183 minimum, the summary must include policy and funding
184 enhancements and the estimated costs of and timeframes for
185 implementation of the campus hardening and harm mitigation
186 strategies recommended by the workgroup.
187 Section 4. Subsection (9) of section 1001.11, Florida
188 Statutes, is added to read:
189 1001.11 Commissioner of Education; other duties.—
190 (9) The commissioner shall oversee compliance with the
191 safety and security requirements of the Marjory Stoneman Douglas
192 High School Public Safety Act, chapter 2018-03, Laws of Florida,
193 by school districts; district school superintendents; public
194 schools, including charter schools; and regional and state
195 entities. The commissioner must facilitate compliance to the
196 maximum extent provided under law, identify incidents of
197 noncompliance, and impose or recommend to the State Board of
198 Education, the Governor, or the Legislature enforcement and
199 sanctioning actions pursuant to s. 1008.32 and other authority
200 granted under law.
201 Section 5. Subsection (1) is amended, and subsections (12)
202 through (17) are added to section 1001.212, Florida Statutes, to
203 read:
204 1001.212 Office of Safe Schools.—There is created in the
205 Department of Education the Office of Safe Schools. The office
206 is fully accountable to the Commissioner of Education. The
207 office shall serve as a central repository for best practices,
208 training standards, and compliance oversight in all matters
209 regarding school safety and security, including prevention
210 efforts, intervention efforts, and emergency preparedness
211 planning. The office shall:
212 (1) Establish and update as necessary a school security
213 risk assessment tool for use by school districts pursuant to s.
214 1006.07(6). The office shall make the security risk assessment
215 tool available for use by charter schools. The office shall
216 provide annual training to appropriate school district and
217 charter school personnel on the proper assessment of physical
218 site security and completion of the school security risk
219 assessment tool.
220 (12)(a) Convene a School Hardening and Harm Mitigation
221 Workgroup comprised of individuals with subject matter expertise
222 on school campus hardening best practices. The workgroup shall
223 meet as necessary to review school hardening and harm mitigation
224 policies including, but not limited to, the target hardening
225 practices implemented in other states; the school safety
226 guidelines developed by organizations such as the Partner
227 Alliance for Safer Schools; and the tiered approach to target
228 campus hardening strategies identified in the initial report
229 submitted by the Marjory Stoneman Douglas High School Public
230 Safety Commission pursuant to s. 943.687(9); and the Florida
231 Building Code for educational facilities construction to
232 determine whether the building code may need to be modified to
233 strengthen school safety and security. Based on this review of
234 school safety best practices, by August 1, 2019, the workgroup
235 shall submit a report to the executive director of the office,
236 which includes, at a minimum:
237 1. A prioritized list for the implementation of school
238 campus hardening and harm mitigation strategies and the
239 estimated costs of and timeframes for implementation of the
240 strategies by school districts and charter schools. The
241 estimated costs must include regional and statewide projections
242 of the implementation costs.
243 2. Recommendations for policy and funding enhancements to
244 strengthen school safety and security.
245 (b) Submit to the commissioner:
246 1. The workgroup’s report pursuant to paragraph (a); and
247 2. Recommendations regarding procedures for the office to
248 use to monitor and enforce compliance by the school districts
249 and charter schools in the implementation of the workgroup’s
250 recommended campus hardening and harm mitigation strategies.
251 (13) Provide technical assistance to school districts and
252 charter school governing boards for school environmental safety
253 incident reporting as required under s. 1006.07(9). The office
254 shall review and evaluate school district reports to ensure
255 compliance with reporting requirements. Upon notification by the
256 department that a superintendent has failed to comply with the
257 requirements of s. 1006.07(9), the district school board shall
258 withhold further payment of his or her salary as authorized
259 under s. 1001.42(13)(b) and impose other appropriate sanctions
260 that the commissioner or state board by law may impose.
261 (14) By August 1, 2019, develop a standardized, statewide
262 behavioral threat assessment instrument for use by all public
263 schools, including charter schools, which addresses early
264 identification, evaluation, early intervention, and student
265 support.
266 (a) The standardized, statewide behavioral threat
267 assessment instrument must include, but need not be limited to,
268 components and forms that address:
269 1. An assessment of the threat, which includes an
270 assessment of the student, family, and school and social
271 dynamics.
272 2. An evaluation to determine if the threat is transient or
273 substantive.
274 3. The response to a substantive threat, which includes the
275 school response and the role of law enforcement agencies.
276 4. The response to a serious substantive threat, including
277 mental health and law enforcement referrals.
278 5. Ongoing monitoring to assess implementation of safety
279 strategies.
280 6. Training for members of threat assessment teams
281 established under s. 1006.07(7) and school administrators
282 regarding the use of the instrument.
283 (b) The office shall:
284 1. By August 1, 2020, evaluate each school district’s
285 behavioral threat assessment procedures for compliance with this
286 subsection.
287 2. Notify the district school superintendent if the school
288 district behavioral threat assessment is not in compliance with
289 this subsection.
290 3. Report any issues of ongoing noncompliance with this
291 subsection to the district school superintendent, commissioner,
292 and state board.
293 (15) Establish the Statewide Threat Assessment Database
294 Workgroup, comprised of members appointed by the department, to
295 make recommendations regarding the development of a statewide
296 threat assessment database. The database must allow authorized
297 public school personnel to enter information related to any
298 threat assessment conducted at their respective schools using
299 the instrument developed by the office pursuant to subsection
300 (14), and must provide such information to authorized personnel
301 in each school district and public school and to appropriate
302 stakeholders. By December 31, 2019, the workgroup shall provide
303 a report to the office with recommendations that include, but
304 need not be limited to:
305 (a) Threat assessment data that should be required to be
306 entered into the database.
307 (b) School district and public school personnel who should
308 be allowed to input student records to the database and view
309 such records.
310 (c) Database design and functionality, to include data
311 security.
312 (d) Restrictions and authorities on information sharing,
313 including:
314 1. Section 1002.22 and other applicable state laws.
315 2. The Family Educational Rights and Privacy Act (FERPA),
316 20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
317 Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
318 45 C.F.R. part 164, subpart E; and other applicable federal
319 laws.
320 3. The appropriateness of interagency agreements that will
321 allow law enforcement to view database records.
322 (e) The cost to develop and maintain a statewide online
323 database.
324 (f) An implementation plan and timeline for the workgroup
325 recommendations.
326 (16) Monitor compliance with requirements relating to
327 school safety by school districts and public schools, including
328 charter schools. The office shall report incidents of
329 noncompliance to the commissioner pursuant to 1001.11(9) and the
330 state board pursuant to s. 1008.32 and other requirements of
331 law, as appropriate.
332 (17) Review and approve each district school board’s and
333 charter school governing board’s active assailant response
334 policy submitted pursuant to ss. 1006.07(6)(c) and
335 1002.33(16)(b). The office shall report any policy deficiencies
336 or issues of noncompliance to the commissioner pursuant to
337 1001.11(9) and the state board pursuant to s. 1008.32 and other
338 requirements of law, as appropriate.
339 Section 6. Paragraph (b) of subsection (16) of section
340 1002.33, Florida Statutes, is amended, to read:
341 1002.33 Charter schools.—
342 (16) EXEMPTION FROM STATUTES.—
343 (b) Additionally, a charter school shall be in compliance
344 with the following statutes:
345 1. Section 286.011, relating to public meetings and
346 records, public inspection, and criminal and civil penalties.
347 2. Chapter 119, relating to public records.
348 3. Section 1003.03, relating to the maximum class size,
349 except that the calculation for compliance pursuant to s.
350 1003.03 shall be the average at the school level.
351 4. Section 1012.22(1)(c), relating to compensation and
352 salary schedules.
353 5. Section 1012.33(5), relating to workforce reductions.
354 6. Section 1012.335, relating to contracts with
355 instructional personnel hired on or after July 1, 2011.
356 7. Section 1012.34, relating to the substantive
357 requirements for performance evaluations for instructional
358 personnel and school administrators.
359 8. Section 1006.12, relating to safe-school officers.
360 9. Section 1006.07(7), relating to threat assessment teams.
361 10. Section 1006.07(9), relating to School Environmental
362 Safety Incident Reporting.
363 11. Section 1006.1493, relating to Florida Safe School
364 Assessment Tool.
365 12. Section 1006.07(6)(c), relating to adopting an active
366 assailant response policy.
367 13. Section 943.082(4)(b), relating to the mobile
368 suspicious activity reporting tool.
369 14. Section 1012.584, relating to youth mental health
370 awareness and assistance training.
371 Section 7. Paragraph (c) of subsection (1) of section
372 1006.04, Florida Statutes, is amended to read:
373 1006.04 Educational multiagency services for students with
374 severe emotional disturbance.—
375 (1)
376 (c) The multiagency network shall:
377 1. Support and represent the needs of students in each
378 school district in joint planning with fiscal agents of
379 children’s mental health funds, including the expansion of
380 school-based mental health services, transition services, and
381 integrated education and treatment programs.
382 2. Improve coordination of services for children with or at
383 risk of emotional or behavioral disabilities and their families:
384 a. By assisting multi-agency collaborative initiatives to
385 identify critical issues and barriers of mutual concern and
386 develop local response systems that increase home and school
387 connections and family engagement.
388 b. To provide that children who are referred for an
389 evaluation or screening to determine eligibility for services
390 receive the appropriate evaluation or screening within 45 days
391 after the referral. Students who are eligible for services, and
392 their families, must be provided a referral for the appropriate
393 services within 30 days after completion of the evaluation or
394 screening.
395 3. Increase parent and youth involvement and development
396 with local systems of care.
397 4. Facilitate student and family access to effective
398 services and programs for students with and at risk of emotional
399 or behavioral disabilities that include necessary educational,
400 residential, and mental health treatment services, enabling
401 these students to learn appropriate behaviors, reduce
402 dependency, and fully participate in all aspects of school and
403 community living.
404 Section 8. Subsection (6) and subsection (7) of section
405 1006.07, Florida Statutes, are amended, and subsection (9) is
406 added to that section, to read:
407 1006.07 District school board duties relating to student
408 discipline and school safety.—The district school board shall
409 provide for the proper accounting for all students, for the
410 attendance and control of students at school, and for proper
411 attention to health, safety, and other matters relating to the
412 welfare of students, including:
413 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
414 school superintendent shall establish policies and procedures
415 for the prevention of violence on school grounds, including the
416 assessment of and intervention with individuals whose behavior
417 poses a threat to the safety of the school community.
418 (a) Each district school superintendent shall designate a
419 school administrator as a school safety specialist for the
420 district. The school safety specialist must earn a certificate
421 of completion of the school safety specialist training provided
422 by the Office of Safe Schools within 1 year after appointment
423 and is responsible for the supervision and oversight for all
424 school safety and security personnel, policies, and procedures
425 in the school district. The school safety specialist shall:
426 1. Review policies and procedures for compliance with state
427 law and rules.
428 2. Provide the necessary training and resources to students
429 and school district staff in matters relating to youth mental
430 health awareness and assistance; emergency procedures, including
431 active shooter training; and school safety and security.
432 3. Serve as the school district liaison with local public
433 safety agencies and national, state, and community agencies and
434 organizations in matters of school safety and security.
435 4. Conduct a school security risk assessment in accordance
436 with s. 1006.1493 at each public school using the school
437 security risk assessment tool developed by the Office of Safe
438 Schools. The security risk assessment must be completed in
439 conjunction with appropriate municipal or county first
440 responders, as defined in s. 112.1815(1). Based on the
441 assessment findings, the district’s school safety specialist
442 shall provide recommendations to the district school board which
443 identify strategies and activities that the district school
444 board should implement in order to improve school safety and
445 security. Annually, each district school board must receive such
446 findings and the school safety specialist’s recommendations at a
447 publicly noticed district school board meeting to provide the
448 public an opportunity to hear the district school board members
449 discuss and take action on the findings and recommendations.
450 Each school safety specialist shall report such findings and
451 school board action to the Office of Safe Schools within 30 days
452 after the district school board meeting.
453 (b) Each school safety specialist shall coordinate with the
454 appropriate public safety agencies, as defined in s. 365.171,
455 that are designated as first responders to a school’s campus to
456 conduct a tour of such campus once every 3 years and provide
457 recommendations related to school safety. The recommendations by
458 the public safety agencies must be considered as part of the
459 recommendations by the school safety specialist pursuant to
460 paragraph (a).
461 (c) Each district school board must adopt a well-developed,
462 written, distributed, and trained upon active assailant response
463 policy, which must be recommended by the district
464 superintendent. The superintendent must approve any school
465 specific modifications to the district policy. Each district
466 school board’s active assailant response policy, including
467 school-specific modifications, must be submitted to the Office
468 of Safe Schools for approval pursuant to s. 1001.212(17) by
469 August 1, 2019.
470 (7) THREAT ASSESSMENT TEAMS.—Each district school board
471 shall adopt policies for the establishment of threat assessment
472 teams at each school whose duties include the coordination of
473 resources and assessment and intervention with individuals whose
474 behavior may pose a threat to the safety of school staff or
475 students consistent with the model policies developed by the
476 Office of Safe Schools. Such policies must shall include
477 procedures for referrals to mental health services identified by
478 the school district pursuant to s. 1012.584(4), when
479 appropriate, and procedures for behavioral threat assessments in
480 compliance with the instrument developed pursuant to s.
481 1001.212(14).
482 (a) A threat assessment team shall include persons with
483 expertise in counseling, instruction, school administration, and
484 law enforcement. The threat assessment teams shall identify
485 members of the school community to whom threatening behavior
486 should be reported and provide guidance to students, faculty,
487 and staff regarding recognition of threatening or aberrant
488 behavior that may represent a threat to the community, school,
489 or self. Upon the availability of the behavioral threat
490 assessment instrument developed pursuant to s. 1001.212(14), the
491 threat assessment team shall use that instrument.
492 (b) Upon a preliminary determination that a student poses a
493 threat of violence or physical harm to himself or herself or
494 others, a threat assessment team shall immediately report its
495 determination to the superintendent or his or her designee. The
496 superintendent or his or her designee shall immediately attempt
497 to notify the student’s parent or legal guardian. Nothing in
498 this subsection shall preclude school district personnel from
499 acting immediately to address an imminent threat.
500 (c) Upon a preliminary determination by the threat
501 assessment team that a student poses a threat of violence to
502 himself or herself or others or exhibits significantly
503 disruptive behavior or need for assistance, the threat
504 assessment team may obtain criminal history record information,
505 as provided in s. 985.047. A member of a threat assessment team
506 may not disclose any criminal history record information
507 obtained pursuant to this section or otherwise use any record of
508 an individual beyond the purpose for which such disclosure was
509 made to the threat assessment team.
510 (d) Notwithstanding any other provision of law, all state
511 and local agencies and programs that provide services to
512 students experiencing or at risk of an emotional disturbance or
513 a mental illness, including the school districts, school
514 personnel, state and local law enforcement agencies, the
515 Department of Juvenile Justice, the Department of Children and
516 Families, the Department of Health, the Agency for Health Care
517 Administration, the Agency for Persons with Disabilities, the
518 Department of Education, the Statewide Guardian Ad Litem Office,
519 and any service or support provider contracting with such
520 agencies, may share with each other records or information that
521 are confidential or exempt from disclosure under chapter 119 if
522 the records or information are reasonably necessary to ensure
523 access to appropriate services for the student or to ensure the
524 safety of the student or others. All such state and local
525 agencies and programs shall communicate, collaborate, and
526 coordinate efforts to serve such students.
527 (e) If an immediate mental health or substance abuse crisis
528 is suspected, school personnel shall follow policies established
529 by the threat assessment team to engage behavioral health crisis
530 resources. Behavioral health crisis resources, including, but
531 not limited to, mobile crisis teams and school resource officers
532 trained in crisis intervention, shall provide emergency
533 intervention and assessment, make recommendations, and refer the
534 student for appropriate services. Onsite school personnel shall
535 report all such situations and actions taken to the threat
536 assessment team, which shall contact the other agencies involved
537 with the student and any known service providers to share
538 information and coordinate any necessary followup actions.
539 (f) Each threat assessment team established pursuant to
540 this subsection shall report quantitative data on its activities
541 to the Office of Safe Schools in accordance with guidance from
542 the office and shall utilize the threat assessment database
543 developed pursuant to s. 1001.212(15) upon the availability of
544 the database.
545 (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
546 district school board shall adopt policies to ensure the
547 accurate and timely reporting of incidents related to school
548 safety and discipline. The district school superintendent is
549 responsible for school environmental safety incident reporting.
550 A district school superintendent who fails to comply with this
551 subsection is subject to the penalties specified in law,
552 including, but not limited to, s. 1001.42(13)(b) or s.
553 1001.51(12)(b), as applicable. The State Board of Education
554 shall adopt rules establishing the requirements for the school
555 environmental safety incident report.
556 Section 9. Section 1006.12, Florida Statutes, is amended to
557 read:
558 1006.12 Safe-school officers at each public school.—For the
559 protection and safety of school personnel, property, students,
560 and visitors, each district school board, and school district
561 superintendent, and charter school governing board, as
562 applicable, shall partner with law enforcement agencies to
563 establish or assign one or more safe-school officers at each
564 school facility within the district by implementing any
565 combination of the following options which best meets the needs
566 of the school district:
567 (1) Establish school resource officer programs, through a
568 cooperative agreement with law enforcement agencies.
569 (a) School resource officers shall undergo criminal
570 background checks, drug testing, and a psychological evaluation
571 and be certified law enforcement officers, as defined in s.
572 943.10(1), who are employed by a law enforcement agency as
573 defined in s. 943.10(4). The powers and duties of a law
574 enforcement officer shall continue throughout the employee’s
575 tenure as a school resource officer.
576 (b) School resource officers shall abide by district school
577 board policies and shall consult with and coordinate activities
578 through the school principal, but shall be responsible to the
579 law enforcement agency in all matters relating to employment,
580 subject to agreements between a district school board and a law
581 enforcement agency. Activities conducted by the school resource
582 officer which are part of the regular instructional program of
583 the school shall be under the direction of the school principal.
584 (c) Complete mental health crisis intervention training
585 using a curriculum developed by a national organization with
586 expertise in mental health crisis intervention. The training
587 shall improve officers’ knowledge and skills as first responders
588 to incidents involving students with emotional disturbance or
589 mental illness, including de-escalation skills to ensure student
590 and officer safety.
591 (2) Commission one or more school safety officers for the
592 protection and safety of school personnel, property, and
593 students within the school district. The district school
594 superintendent may recommend, and the district school board may
595 appoint, one or more school safety officers.
596 (a) School safety officers shall undergo criminal
597 background checks, drug testing, and a psychological evaluation
598 and be law enforcement officers, as defined in s. 943.10(1),
599 certified under the provisions of chapter 943 and employed by
600 either a law enforcement agency or by the district school board.
601 If the officer is employed by the district school board, the
602 district school board is the employing agency for purposes of
603 chapter 943, and must comply with the provisions of that
604 chapter.
605 (b) A school safety officer has and shall exercise the
606 power to make arrests for violations of law on district school
607 board property and to arrest persons, whether on or off such
608 property, who violate any law on such property under the same
609 conditions that deputy sheriffs are authorized to make arrests.
610 A school safety officer has the authority to carry weapons when
611 performing his or her official duties.
612 (c) A district school board may enter into mutual aid
613 agreements with one or more law enforcement agencies as provided
614 in chapter 23. A school safety officer’s salary may be paid
615 jointly by the district school board and the law enforcement
616 agency, as mutually agreed to.
617 (3) At the school district’s, or charter school governing
618 board’s, discretion, participate in the Coach Aaron Feis
619 Guardian Program if such program is established pursuant to s.
620 30.15, to meet the requirement of establishing a safe-school
621 officer. The following individuals may serve as a school
622 guardian upon satisfactory completion of the requirements under
623 s. 30.15(1)(k) and certification by a sheriff:
624 (a) A school district employee or personnel, as defined
625 under s. 1012.01, or a charter school employee, as provided
626 under s. 1002.33(12)(a), who volunteers to serve as a school
627 guardian in addition to his or her official job duties;
628 (b) An employee of a school district or a charter school
629 who is hired for the specific purpose of serving as a school
630 guardian; or
631 (c) A contract employee licensed under s. 493.6301 who
632 works in the school district or for a charter school through a
633 contract with a security agency as that term is defined in s.
634 493.6101(18). Contract employees may receive school guardian
635 training through a participating sheriff’s office contingent
636 upon defined financial or service obligations by the security
637 agency enumerated in the contract between the school district or
638 the charter school governing board, as appropriate, and the
639 security agency.
640 (4) Any information that would identify whether a
641 particular individual has been appointed as a safe-school
642 officer pursuant to this section held by a law enforcement
643 agency, school district, or charter school is exempt from s.
644 119.07(1) and s. 24(a), Art. I of the State Constitution. This
645 subsection is subject to the Open Government Sunset Review Act
646 in accordance with s. 119.15 and shall stand repealed on October
647 2, 2023, unless reviewed and saved from repeal through
648 reenactment by the Legislature.
649 Section 10. Section 1006.1493, Florida Statutes, is amended
650 to read:
651 1006.1493 Florida Safe Schools Assessment Tool.—
652 (1) The department, through the Office of Safe Schools
653 pursuant s. 1001.212, shall contract with a security consulting
654 firm that specializes in the development of risk assessment
655 software solutions and has experience in conducting security
656 assessments of public facilities to develop, update, and
657 implement a risk assessment tool, which shall be known as the
658 Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
659 the primary physical site security assessment tool as revised
660 and required by the Office of Safe Schools that is used by
661 school officials at each school district and public school site
662 in the state in conducting security assessments for use by
663 school officials at each school district and public school site
664 in the state.
665 (2) The FSSAT must help school officials identify threats,
666 vulnerabilities, and appropriate safety controls for the schools
667 that they supervise, pursuant to the security risk assessment
668 requirements of s. 1006.07(6).
669 (a) At a minimum, the FSSAT must address all of the
670 following components:
671 1. School emergency and crisis preparedness planning;
672 2. Security, crime, and violence prevention policies and
673 procedures;
674 3. Physical security measures;
675 4. Professional development training needs;
676 5. An examination of support service roles in school
677 safety, security, and emergency planning;
678 6. School security and school police staffing, operational
679 practices, and related services;
680 7. School and community collaboration on school safety; and
681 8. A return on investment analysis of the recommended
682 physical security controls.
683 (b) The department shall require by contract that the
684 security consulting firm:
685 1. Generate written automated reports on assessment
686 findings for review by the department and school and district
687 officials;
688 2. Provide training to the department and school officials
689 in the use of the FSSAT and other areas of importance identified
690 by the department; and
691 3. Advise in the development and implementation of
692 templates, formats, guidance, and other resources necessary to
693 facilitate the implementation of this section at state,
694 district, school, and local levels.
695 (3) The Office of Safe Schools must provide annual training
696 to each district’s school safety specialist and other
697 appropriate school district personnel on the assessment of
698 physical site security and completing the FSSAT.
699 (4) Each district school superintendent, by August 1 of
700 each year, shall submit an FSSAT assessment to the department
701 for each school site. Each school-specific assessment must be
702 approved by the district superintendent or his or her designee,
703 who must be the district’s school safety specialist or a deputy
704 superintendent or assistant superintendent. Any superintendent
705 who fails to comply with the requirements of this subsection is
706 subject to penalties under s. 1001.51(12)(b) and other sanctions
707 that may be applied by the commissioner or state board.
708 (5) By December 1 of each year, By December 1, 2018, and
709 annually by that date thereafter, the department shall must
710 report to the Governor, the President of the Senate, and the
711 Speaker of the House of Representatives on the status of
712 implementation across school districts and schools. The report
713 must include a summary of the positive school safety measures in
714 place at the time of the assessment and any recommendations for
715 policy changes or funding needed to facilitate continued school
716 safety planning, improvement, and response at the state,
717 district, or school levels.
718 (6)(4) In accordance with ss. 119.071(3)(a) and 281.301,
719 data and information related to security risk assessments
720 administered pursuant to this section and s. 1006.07(6) and the
721 security information contained in the annual report required
722 pursuant to subsection (3) are confidential and exempt from
723 public records requirements.
724 Section 11. Subsection (15) of section 1011.62, Florida
725 Statutes, is amended to read:
726 1011.62 Funds for operation of schools.—If the annual
727 allocation from the Florida Education Finance Program to each
728 district for operation of schools is not determined in the
729 annual appropriations act or the substantive bill implementing
730 the annual appropriations act, it shall be determined as
731 follows:
732 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
733 created to provide funding to assist school districts in their
734 compliance with s. 1006.07, with priority given to implementing
735 the district’s school resource officer program pursuant to s.
736 1006.12. Each school district shall receive a minimum safe
737 schools allocation in an amount provided in the General
738 Appropriations Act. Of the remaining balance of the safe schools
739 allocation, two-thirds shall be allocated to school districts
740 based on the most recent official Florida Crime Index provided
741 by the Department of Law Enforcement and one-third shall be
742 allocated based on each school district’s proportionate share of
743 the state’s total unweighted full-time equivalent student
744 enrollment. Any additional funds appropriated to this allocation
745 in the 2018-2019 fiscal year must to the school resource officer
746 program established pursuant to s. 1006.12 shall be used
747 exclusively for employing or contracting for safe-school
748 resource officers, established or assigned under s. 1006.12
749 which shall be in addition to the number of officers employed or
750 contracted for in the 2017-2018 fiscal year. This subsection
751 applies retroactively to July 1, 2018. The amendments to this
752 subsection are intended to be clarifying and remedial in nature.
753 Section 12. Effective July 1, 2019, paragraph (b) of
754 subsection (6) of section 1011.62, Florida Statutes, and
755 subsection (15) of that section, as amended by this act, are
756 amended to read:
757 1011.62 Funds for operation of schools.—If the annual
758 allocation from the Florida Education Finance Program to each
759 district for operation of schools is not determined in the
760 annual appropriations act or the substantive bill implementing
761 the annual appropriations act, it shall be determined as
762 follows:
763 (6) CATEGORICAL FUNDS.—
764 (b) If a district school board finds and declares in a
765 resolution adopted at a regular meeting of the school board that
766 the funds received for any of the following categorical
767 appropriations are urgently needed to maintain school board
768 specified academic classroom instruction or improve school
769 safety, the school board may consider and approve an amendment
770 to the school district operating budget transferring the
771 identified amount of the categorical funds to the appropriate
772 account for expenditure:
773 1. Funds for student transportation.
774 2. Funds for research-based reading instruction if the
775 required additional hour of instruction beyond the normal school
776 day for each day of the entire school year has been provided for
777 the students in each low-performing elementary school in the
778 district pursuant to paragraph (9)(a).
779 3. Funds for instructional materials if all instructional
780 material purchases necessary to provide updated materials that
781 are aligned with applicable state standards and course
782 descriptions and that meet statutory requirements of content and
783 learning have been completed for that fiscal year, but no sooner
784 than March 1. Funds available after March 1 may be used to
785 purchase hardware for student instruction.
786 4. Funds for the guaranteed allocation as provided in
787 subparagraph (1)(e)2.
788 5. Funds for the supplemental academic instruction
789 allocation as provided in paragraph (1)(f).
790 6. Funds for Florida digital classrooms allocation as
791 provided in subsection (12).
792 7. Funds for the federally connected student supplement as
793 provided in subsection (13).
794 8. Funds for class size reduction as provided in s.
795 1011.685.
796 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
797 created to provide funding to assist school districts in their
798 compliance with s. 1006.07, with priority given to implementing
799 the district’s school resource officer program pursuant to s.
800 1006.12. Each school district shall receive a minimum safe
801 schools allocation in an amount provided in the General
802 Appropriations Act. Of the remaining balance of the safe schools
803 allocation, one-third two-thirds shall be allocated to school
804 districts based on the most recent official Florida Crime Index
805 provided by the Department of Law Enforcement and two-thirds
806 one-third shall be allocated based on each school district’s
807 proportionate share of the state’s total unweighted full-time
808 equivalent student enrollment. Any additional funds appropriated
809 to this allocation in the 2018-2019 fiscal year must be used
810 exclusively for employing or contracting for safe-school
811 officers, established or assigned under s. 1006.12. This
812 subsection applies retroactively to July 1, 2018. The amendments
813 to this subsection are intended to be clarifying and remedial in
814 nature.
815 Section 13. The Legislature finds that a proper and
816 legitimate state purpose is served when district school boards
817 are afforded options for the provision of safe-school officers
818 for the protection and safety of school personnel, property,
819 students, and visitors. School guardians must be available to
820 any district school board that chooses such an option.
821 Therefore, the Legislature determines and declares that this act
822 fulfills an important state interest.
823 Section 14. Except as otherwise expressly provided in this
824 act, this act shall take effect upon becoming a law.