Florida Senate - 2024                                     SB 394
       By Senator Ingoglia
       11-00655-24                                            2024394__
    1                        A bill to be entitled                      
    2         An act relating to school employees; providing a short
    3         title; amending s. 790.401, F.S.; requiring that risk
    4         protection orders include whether the respondent is
    5         serving as a district school board member or is
    6         employed as instructional personnel; requiring courts
    7         that issue risk protection orders to require that the
    8         petitioner immediately notify the respondent’s
    9         employer or entity of service of the issuance of a
   10         risk protection order if the respondent meets
   11         specified criteria and to notify the respondent of
   12         such notice requirement if the court issues such an
   13         order; amending s. 1012.32, F.S.; requiring
   14         instructional personnel to disclose to their employer
   15         any prior arrests, criminal convictions, guilty pleas,
   16         pleas of nolo contendere, and any criminal records
   17         that were expunged; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. This act may be cited as “Stratton’s Law.”
   22         Section 2. Paragraphs (g) and (h) of subsection (3) of
   23  section 790.401, Florida Statutes, are amended to read:
   24         790.401 Risk protection orders.—
   26         (g) A risk protection order must include all of the
   27  following:
   28         1. A statement of the grounds supporting the issuance of
   29  the order;
   30         2. The date the order was issued;
   31         3. The date the order ends;
   32         4. Whether a mental health evaluation or chemical
   33  dependency evaluation of the respondent is required;
   34         5. The address of the court in which any responsive
   35  pleading should be filed;
   36         6. A description of the requirements for the surrender of
   37  all firearms and ammunition that the respondent owns, under
   38  subsection (7); and
   39         7. Whether the respondent is serving as a member of a
   40  district school board as defined in s. 1003.01 or is employed as
   41  instructional personnel as defined in s. 1012.01; and
   42         8. The following statement:
   44         To the subject of this protection order: This order
   45         will last until the date noted above. If you have not
   46         done so already, you must surrender immediately to the
   47         (insert name of local law enforcement agency) all
   48         firearms and ammunition that you own in your custody,
   49         control, or possession and any license to carry a
   50         concealed weapon or firearm issued to you under s.
   51         790.06, Florida Statutes. You may not have in your
   52         custody or control, or purchase, possess, receive, or
   53         attempt to purchase or receive, a firearm or
   54         ammunition while this order is in effect. You have the
   55         right to request one hearing to vacate this order,
   56         starting after the date of the issuance of this order,
   57         and to request another hearing after every extension
   58         of the order, if any. You may seek the advice of an
   59         attorney as to any matter connected with this order.
   61         (h) If the court issues a risk protection order, the court
   62  must:
   63         1.Require that the petitioner immediately notify the
   64  respondent’s employer or entity of service of the issuance of
   65  such risk protection order if the respondent meets the criteria
   66  under subparagraph (g)7., and the court must notify the
   67  respondent of such notice requirement; and
   68         2. Inform the respondent that he or she is entitled to
   69  request a hearing to vacate the order in the manner provided by
   70  subsection (6). The court shall provide the respondent with a
   71  form to request a hearing to vacate.
   72         Section 3. Paragraph (e) is added to subsection (2) of
   73  section 1012.32, Florida Statutes, to read:
   74         1012.32 Qualifications of personnel.—
   75         (2)
   76         (e)Instructional personnel as described in paragraphs (a),
   77  (b), and (c) must disclose any prior arrests, criminal
   78  convictions, guilty pleas, and pleas of nolo contendere,
   79  including any such records that were expunged, to their
   80  employer, in addition to the background screening required under
   81  s. 1012.56.
   83  A person subject to this subsection who is found ineligible for
   84  employment under s. 1012.315, or otherwise found through
   85  background screening to have been convicted of any crime
   86  involving moral turpitude as defined by rule of the State Board
   87  of Education, may not be employed, engaged to provide services,
   88  or serve in any position that requires direct contact with
   89  students. The cost of the background screening may be borne by
   90  the employer or a person subject to this subsection.
   91         Section 4. This act shall take effect July 1, 2024.