Bill Text: FL S7026 | 2018 | Regular Session | Enrolled


Bill Title: Public Safety

Spectrum: Partisan Bill (? 2-0)

Status: (Passed) 2018-03-09 - Chapter No. 2018-3 [S7026 Detail]

Download: Florida-2018-S7026-Enrolled.html
       ENROLLED
       2018 Legislature                   CS for SB 7026, 2nd Engrossed
       
       
       
       
       
       
                                                             20187026er
    1  
    2         An act relating to public safety; providing a short
    3         title; providing legislative findings; amending s.
    4         16.555, F.S.; authorizing the awarding of grants
    5         through the Crime Stoppers Trust Fund for student
    6         crime watch programs; amending s. 20.15, F.S.;
    7         establishing the Office of Safe Schools within the
    8         Department of Education; amending s. 30.15, F.S.;
    9         providing that each sheriff may establish a Coach
   10         Aaron Feis Guardian Program and appoint certain
   11         volunteer school employees as school guardians;
   12         providing sheriff and school guardian requirements;
   13         requiring certain documentation and records be
   14         maintained relating to such school guardians;
   15         providing a directive to the Division of Law Revision
   16         and Information; amending s. 121.091, F.S.;
   17         authorizing certain retired law enforcement officers
   18         to be reemployed as school resource officers after
   19         meeting specified termination requirements;
   20         authorizing such retired law enforcement officers to
   21         receive compensation and retirement benefits after a
   22         specified period; providing that such retired law
   23         enforcement officers may not renew membership in the
   24         Florida Retirement System, except as otherwise
   25         provided; amending s. 394.463, F.S.; requiring when
   26         practicable that a law enforcement officer with
   27         certain training be assigned to serve and execute
   28         certain ex parte orders; authorizing a law enforcement
   29         officer to seize and hold firearms and ammunition if
   30         taking custody of a person who poses a potential
   31         danger to himself or herself or others and who has
   32         made a credible threat against another person;
   33         authorizing a law enforcement officer to seek the
   34         voluntary surrender of firearms and ammunition kept in
   35         the residence if the law enforcement officer takes
   36         custody of the person at the person’s residence and
   37         certain criteria are met; authorizing such law
   38         enforcement officer to petition an appropriate court
   39         for a risk protection order under certain
   40         circumstances; requiring that firearms and ammunition
   41         seized or voluntarily surrendered be returned within a
   42         certain timeframe under specified circumstances;
   43         providing exceptions; requiring law enforcement
   44         agencies to develop policies and procedures relating
   45         to the seizure, storage, and return of firearms and
   46         ammunition; amending s. 394.495, F.S.; requiring the
   47         Department of Children and Families to contract for
   48         community action treatment teams throughout the state
   49         with the managing entities; specifying requirements
   50         for community action treatment teams; subject to
   51         legislative appropriation, requiring the department to
   52         contract for additional teams to ensure statewide
   53         availability of services; creating s. 790.064, F.S.;
   54         prohibiting a person who has been adjudicated mentally
   55         defective or been committed to a mental institution
   56         from owning or possessing a firearm until certain
   57         relief is obtained; specifying that the firearm
   58         possession and ownership disability runs concurrently
   59         with the firearm purchase disability under certain
   60         provisions; authorizing a person to petition for
   61         relief from the firearm possession and ownership
   62         disability; requiring that petitions for relief follow
   63         certain procedures; authorizing such person to
   64         petition for simultaneous relief; amending s. 790.065,
   65         F.S.; prohibiting a person younger than a certain age
   66         from purchasing a firearm; prohibiting the sale or
   67         transfer, or facilitation of a sale or transfer, of a
   68         firearm to a person younger than a certain age by a
   69         licensed importer, licensed manufacturer, or licensed
   70         dealer; providing criminal penalties; providing
   71         exceptions; amending s. 790.0655, F.S.; revising the
   72         mandatory waiting period to the later of either 3
   73         days, excluding weekends and legal holidays, or upon
   74         the completion of certain records checks; revising and
   75         redefining terms; requiring that records of firearm
   76         sales be available for inspection by any law
   77         enforcement agency during normal business hours;
   78         revising applicability of the waiting period;
   79         conforming provisions to changes made by the act;
   80         creating s. 790.222, F.S.; defining the term “bump
   81         fire stock”; prohibiting specified acts relating to
   82         the sale and possession of bump-fire stocks; providing
   83         criminal penalties; providing legislative intent;
   84         providing a short title; creating s. 790.401, F.S.;
   85         defining terms; creating an action known as a petition
   86         for a risk protection order to prevent persons who are
   87         at high risk of harming themselves or others from
   88         accessing firearms or ammunition; providing
   89         requirements for petitions for such orders; providing
   90         duties for courts and clerks of court; prohibiting
   91         fees for the filing of or service of process of such
   92         petitions; providing for jurisdiction for such
   93         petitions; requiring hearings on petitions within a
   94         specified period; providing service requirements;
   95         providing grounds that may be considered in
   96         determining whether to grant such a petition;
   97         providing requirements for proceedings; providing
   98         requirements for risk protection orders; requiring the
   99         court to inform a respondent of his or her right to
  100         request a certain hearing; authorizing temporary ex
  101         parte orders under certain circumstances; providing
  102         requirements for petitions for such ex parte orders;
  103         providing for service of orders; providing for the
  104         termination or extension of an order; providing for
  105         the surrender and storage of firearms, ammunition, and
  106         licenses to carry a concealed weapon or firearm after
  107         issuance of a risk protection order; requiring law
  108         enforcement agencies to develop certain policies and
  109         procedures; providing for return of firearms and
  110         ammunition upon the vacating or end without the
  111         extension of an order under certain circumstances;
  112         authorizing a respondent to elect to transfer all
  113         firearms and ammunition surrendered or seized by a law
  114         enforcement agency to another person under certain
  115         circumstances; requiring a clerk of the court to
  116         forward a copy of a risk protection order to the
  117         appropriate law enforcement agency within a specified
  118         timeframe; requiring the law enforcement agency to
  119         enter the order into the Florida Crime Information
  120         Center and the National Crime Information Center
  121         systems; requiring that the order be maintained in the
  122         systems for a specified period and prohibiting a law
  123         enforcement from removing an order from the systems
  124         which has not ended or been vacated; providing that
  125         entry of an order into the systems constitutes notice
  126         to law enforcement agencies; requiring an issuing
  127         court to forward specified information concerning a
  128         respondent to the Department of Agriculture and
  129         Consumer Services within a specified timeframe;
  130         requiring the department to suspend a license to carry
  131         a concealed weapon or firearm which is held by a
  132         person subject to such an order; prohibiting a person
  133         from making a false statement under oath; providing
  134         criminal penalties; prohibiting violations of such an
  135         order; providing criminal penalties; providing
  136         construction; providing that the risk protection order
  137         provisions do not create liability for certain acts or
  138         omissions; requiring the Office of the State Courts
  139         Administrator to develop and distribute certain
  140         instructional and informational material; amending s.
  141         836.10, F.S.; prohibiting a person from making,
  142         posting, or transmitting a threat to conduct a mass
  143         shooting or an act of terrorism in a writing or other
  144         record in any manner that would allow another person
  145         to view the threat; providing criminal penalties;
  146         amending s. 921.0022, F.S.; conforming a provision to
  147         changes made by the act; creating s. 943.082, F.S.;
  148         requiring the Department of Law Enforcement, in
  149         collaboration with the Department of Legal Affairs, to
  150         competitively procure a mobile suspicious activity
  151         tool with certain features; requiring the department
  152         to receive certain electronic reports; requiring the
  153         reporting tool to notify the reporting party of
  154         certain information; requiring the forwarding of
  155         certain information to appropriate law enforcement
  156         agencies; requiring that certain entities be made
  157         aware of the reporting tool; requiring the department,
  158         in collaboration with certain entities, to develop and
  159         provide certain training and awareness relating to the
  160         reporting tool; creating s. 943.687, F.S.; creating
  161         the Marjory Stoneman Douglas High School Public Safety
  162         Commission within the Department of Law Enforcement;
  163         requiring the commission to convene by a certain date;
  164         specifying the composition of the commission;
  165         requiring Department of Law Enforcement staff to
  166         assist the commission; specifying meeting
  167         requirements; authorizing reimbursement for per diem
  168         and travel expenses; providing the duties and
  169         authority of the commission; requiring the commission
  170         to submit an initial report to the Governor and the
  171         Legislature within a specified time; providing for the
  172         expiration of the commission; creating s. 1001.212,
  173         F.S.; creating the Office of Safe Schools within the
  174         Department of Education; providing duties of the
  175         office; amending s. 1002.32, F.S.; conforming a cross
  176         reference; amending s. 1006.04, F.S.; revising the
  177         purpose and duties of the educational multiagency
  178         network for students with emotional and behavioral
  179         disabilities; amending s. 1006.07, F.S.; revising
  180         district school board duties relating to student
  181         discipline and school safety; requiring students to
  182         note referrals to mental health services upon initial
  183         registration for school within a school district;
  184         authorizing a district school board to refer a student
  185         to certain mental health services under certain
  186         circumstances; revising the code of student conduct
  187         relating to the referral of certain students to
  188         certain mental health services and law enforcement;
  189         providing requirements for student crime watch
  190         programs; revising the policies and procedures for
  191         emergency drills to include drills for active shooter
  192         and hostage situations; providing requirements for
  193         such drills; revising requirements for the emergency
  194         response policy; requiring model emergency management
  195         and emergency preparedness procedures for active
  196         shooter situations; requiring school districts to
  197         establish a schedule to test emergency communication
  198         systems; requiring district school superintendents to
  199         establish certain policies and procedures relating to
  200         the prevention of violence on school grounds and
  201         designate a school safety specialist for the school
  202         district; providing requirements and duties for school
  203         safety specialists; providing school safety specialist
  204         requirements relating to the required school security
  205         risk assessments; requiring each district school board
  206         to establish a threat assessment team at each school
  207         within the district; providing requirements and duties
  208         for threat assessment teams; authorizing a threat
  209         assessment team to obtain certain criminal history
  210         record information under certain circumstances;
  211         prohibiting a member of a threat assessment team from
  212         disclosing or using such information except for a
  213         specified purpose; authorizing certain entities to
  214         share specified confidential information and records
  215         relating to students for specified purposes;
  216         authorizing school personnel to address an immediate
  217         mental health or substance abuse crisis; providing
  218         requirements for addressing such situations; providing
  219         threat assessment team reporting requirements;
  220         amending s. 1006.08, F.S.; requiring a district school
  221         superintendent to be notified by the court of a
  222         student referred to mental health services; amending
  223         s. 1006.12, F.S.; requiring district school boards to
  224         establish or assign safe-school officers at each
  225         district school facility within the district;
  226         requiring school resource officers and school safety
  227         officers to undergo specified evaluations; specifying
  228         that participation in the school marshal program meets
  229         the requirement, if such a program is available;
  230         amending s. 1006.13, F.S.; revising the policy of zero
  231         tolerance for crime and victimization; providing
  232         district school board responsibilities; authorizing a
  233         threat assessment team to use specified alternatives
  234         to expulsion or referral to law enforcement to address
  235         disruptive behavior; providing requirements for zero
  236         tolerance policies; requiring a threat assessment team
  237         to consult with law enforcement under certain
  238         circumstances; creating s. 1006.1493, F.S.; requiring
  239         the department to contract with a security consulting
  240         firm to develop, update, and implement a risk
  241         assessment tool; providing requirements for the
  242         Florida Safe Schools Assessment Tool; requiring
  243         reports, training, and advice in the security
  244         consulting firm contract; requiring a specified annual
  245         report to the Governor and Legislature by a specified
  246         date; providing for construction regarding the
  247         applicability of public records exemptions for certain
  248         security data and information; amending s. 1011.62,
  249         F.S.; authorizing a district school board to use
  250         certain categorical appropriations to improve school
  251         safety; revising the safe schools allocation; creating
  252         the mental health assistance allocation; providing the
  253         purpose of the allocation; requiring that funds be
  254         allocated annually in the General Appropriations Act;
  255         providing for the annual allocation of such funds on a
  256         specified basis; providing that eligible charter
  257         schools are entitled to a proportionate share;
  258         prohibiting the use of allocated funds to supplant
  259         funds provided from other operating funds, to increase
  260         salaries, or to provide bonuses, except in certain
  261         circumstances; requiring that school districts and
  262         schools maximize certain third-party funding;
  263         requiring that school districts and charter schools
  264         annually develop and submit certain detailed plans;
  265         requiring that approved charter school plans be
  266         provided to the district for submission to the
  267         commissioner; providing that required plans must
  268         include certain elements; requiring school districts
  269         to annually submit approved plans to the Commissioner
  270         of Education by a specified date; requiring that
  271         entities receiving such allocations annually submit a
  272         final report on program outcomes and specific
  273         expenditures to the commissioner by a specified date;
  274         creating s. 1012.584, F.S.; requiring the department
  275         to establish a youth mental health awareness and
  276         assistance training program for specified purposes;
  277         providing department and program requirements;
  278         requiring certain school personnel to receive such
  279         training; requiring the school safety specialist to
  280         ensure certain personnel receive such training;
  281         requiring school districts to inform such personnel of
  282         the mental health services available in the district;
  283         providing appropriations for specified purposes;
  284         amending s. 1013.64, F.S.; specifying that the cost
  285         per student station does not include certain
  286         improvements related to enhanced safety and security;
  287         reenacting ss. 397.6760(2) and 790.335(3)(e), F.S.;
  288         relating to the confidentiality of court records and
  289         exceptions to the prohibition of registration of
  290         firearms, respectively, to incorporate the amendment
  291         made to s. 790.065, F.S., in references thereto;
  292         providing appropriations; reenacting ss. 794.056 and
  293         938.085, F.S.; relating to the Rape Crises Program
  294         Trust Fund and additional cost to fund rape crises
  295         centers, respectively, to incorporate the amendment
  296         made to s. 836.10, F.S.; providing appropriations;
  297         providing effective dates.
  298  
  299  Be It Enacted by the Legislature of the State of Florida:
  300  
  301         Section 1. This act may be cited as the “Marjory Stoneman
  302  Douglas High School Public Safety Act.”
  303         Section 2. The Legislature finds there is a need to
  304  comprehensively address the crisis of gun violence, including
  305  but not limited to, gun violence on school campuses. The
  306  Legislature intends to address this crisis by providing law
  307  enforcement and the courts with the tools to enhance public
  308  safety by temporarily restricting firearm possession by a person
  309  who is undergoing a mental health crisis and when there is
  310  evidence of a threat of violence, and by promoting school safety
  311  and enhanced coordination between education and law enforcement
  312  entities at the state and local level.
  313         Section 3. Paragraph (d) is added to subsection (5) of
  314  section 16.555, Florida Statutes, to read:
  315         16.555 Crime Stoppers Trust Fund; rulemaking.—
  316         (5)
  317         (d)Grants may be awarded to fund student crime watch
  318  programs pursuant to s. 1006.07(3).
  319         Section 4. Paragraph (j) is added to subsection (3) of
  320  section 20.15, Florida Statutes, to read:
  321         20.15 Department of Education.—There is created a
  322  Department of Education.
  323         (3) DIVISIONS.—The following divisions of the Department of
  324  Education are established:
  325         (j) The Office of Safe Schools.
  326         Section 5. Paragraph (k) is added to subsection (1) of
  327  section 30.15, Florida Statutes, to read:
  328         30.15 Powers, duties, and obligations.—
  329         (1) Sheriffs, in their respective counties, in person or by
  330  deputy, shall:
  331         (k) Establish, if the sheriff so chooses, a Coach Aaron
  332  Feis Guardian Program to aid in the prevention or abatement of
  333  active assailant incidents on school premises. A school guardian
  334  has no authority to act in any law enforcement capacity except
  335  to the extent necessary to prevent or abate an active assailant
  336  incident on a school premises. Excluded from participating in
  337  the Coach Aaron Feis Guardian Program are individuals who
  338  exclusively perform classroom duties as classroom teachers as
  339  defined in s. 1012.01(2)(a). This limitation does not apply to
  340  classroom teachers of a Junior Reserve Officers’ Training Corps
  341  program, a current servicemember, as defined in s. 250.01, or a
  342  current or former law enforcement officer, as defined in s.
  343  943.10(1), (6), or (8). The sheriff who chooses to establish the
  344  program shall appoint as school guardians, without the power of
  345  arrest, school employees who volunteer and who:
  346         1. Hold a valid license issued under s. 790.06.
  347         2. Complete 132 total hours of comprehensive firearm safety
  348  and proficiency training conducted by Criminal Justice Standards
  349  and Training Commission-certified instructors, which must
  350  include:
  351         a. Eighty hours of firearms instruction based on the
  352  Criminal Justice Standards and Training Commission’s Law
  353  Enforcement Academy training model, which must include at least
  354  10 percent but no more than 20 percent more rounds fired than
  355  associated with academy training. Program participants must
  356  achieve an 85 percent pass rate on the firearms training.
  357         b. Sixteen hours of instruction in precision pistol.
  358         c. Eight hours of discretionary shooting instruction using
  359  state-of-the-art simulator exercises.
  360         d. Eight hours of instruction in active shooter or
  361  assailant scenarios.
  362         e. Eight hours of instruction in defensive tactics.
  363         f. Twelve hours of instruction in legal issues.
  364         3. Pass a psychological evaluation administered by a
  365  psychologist licensed under chapter 490 and designated by the
  366  Department of Law Enforcement and submit the results of the
  367  evaluation to the sheriff’s office. The Department of Law
  368  Enforcement is authorized to provide the sheriff’s office with
  369  mental health and substance abuse data for compliance with this
  370  paragraph.
  371         4. Submit to and pass an initial drug test and subsequent
  372  random drug tests in accordance with the requirements of s.
  373  112.0455 and the sheriff’s office.
  374         5. Successfully complete ongoing training, weapon
  375  inspection, and firearm qualification on at least an annual
  376  basis.
  377         6. Successfully complete at least 12 hours of a certified
  378  nationally recognized diversity training program.
  379  
  380  The sheriff shall issue a school guardian certificate to
  381  individuals who meet the requirements of subparagraph 2. The
  382  sheriff shall maintain documentation of weapon and equipment
  383  inspections, as well as the training, certification, inspection,
  384  and qualification records of each school guardian appointed by
  385  the sheriff.
  386         Section 6. The Division of Law Revision and Information is
  387  instructed to change references from “school marshal program” to
  388  “Coach Aaron Feis Guardian Program” and references from “school
  389  marshal” to “school guardian” wherever those terms appear in
  390  this act.
  391         Section 7. Paragraph (c) of subsection (9) of section
  392  121.091, Florida Statutes, is amended, and paragraph (f) is
  393  added to that subsection to read:
  394         121.091 Benefits payable under the system.—Benefits may not
  395  be paid under this section unless the member has terminated
  396  employment as provided in s. 121.021(39)(a) or begun
  397  participation in the Deferred Retirement Option Program as
  398  provided in subsection (13), and a proper application has been
  399  filed in the manner prescribed by the department. The department
  400  may cancel an application for retirement benefits when the
  401  member or beneficiary fails to timely provide the information
  402  and documents required by this chapter and the department’s
  403  rules. The department shall adopt rules establishing procedures
  404  for application for retirement benefits and for the cancellation
  405  of such application when the required information or documents
  406  are not received.
  407         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  408         (c) Any person whose retirement is effective on or after
  409  July 1, 2010, or whose participation in the Deferred Retirement
  410  Option Program terminates on or after July 1, 2010, who is
  411  retired under this chapter, except under the disability
  412  retirement provisions of subsection (4) or as provided in s.
  413  121.053, may be reemployed by an employer that participates in a
  414  state-administered retirement system and receive retirement
  415  benefits and compensation from that employer. However, a person
  416  may not be reemployed by an employer participating in the
  417  Florida Retirement System before meeting the definition of
  418  termination in s. 121.021 and may not receive both a salary from
  419  the employer and retirement benefits for 6 calendar months after
  420  meeting the definition of termination, except as provided in
  421  paragraph (f). However, a DROP participant shall continue
  422  employment and receive a salary during the period of
  423  participation in the Deferred Retirement Option Program, as
  424  provided in subsection (13).
  425         1. The reemployed retiree may not renew membership in the
  426  Florida Retirement System, except as provided in s. 121.122.
  427         2. The employer shall pay retirement contributions in an
  428  amount equal to the unfunded actuarial liability portion of the
  429  employer contribution that would be required for active members
  430  of the Florida Retirement System in addition to the
  431  contributions required by s. 121.76.
  432         3. A retiree initially reemployed in violation of this
  433  paragraph and an employer that employs or appoints such person
  434  are jointly and severally liable for reimbursement of any
  435  retirement benefits paid to the retirement trust fund from which
  436  the benefits were paid, including the Florida Retirement System
  437  Trust Fund and the Public Employee Optional Retirement Program
  438  Trust Fund, as appropriate. The employer must have a written
  439  statement from the employee that he or she is not retired from a
  440  state-administered retirement system. Retirement benefits shall
  441  remain suspended until repayment is made. Benefits suspended
  442  beyond the end of the retiree’s 6-month reemployment limitation
  443  period shall apply toward the repayment of benefits received in
  444  violation of this paragraph.
  445         (f)A retired law enforcement officer may be reemployed as
  446  a school resource officer by an employer that participates in
  447  the Florida Retirement System and receive compensation from that
  448  employer and retirement benefits after meeting the definition of
  449  termination in s. 121.021, but may not receive both a salary
  450  from the employer and retirement benefits for 6 calendar months
  451  immediately subsequent to the date of retirement. The reemployed
  452  retired law enforcement officer may not renew membership in the
  453  Florida Retirement System, except as provided in s. 121.122.
  454         Section 8. Paragraphs (c) and (d) of subsection (2) of
  455  section 394.463, Florida Statutes, are amended to read:
  456         394.463 Involuntary examination.—
  457         (2) INVOLUNTARY EXAMINATION.—
  458         (c) A law enforcement officer acting in accordance with an
  459  ex parte order issued pursuant to this subsection may:
  460         1. Serve and execute such order on any day of the week, at
  461  any time of the day or night; and
  462         2. Use such reasonable physical force as is necessary to
  463  gain entry to the premises, and any dwellings, buildings, or
  464  other structures located on the premises, and take custody of
  465  the person who is the subject of the ex parte order. When
  466  practicable, a law enforcement officer who has received crisis
  467  intervention team (CIT) training shall be assigned to serve and
  468  execute the ex parte order.
  469         (d)1. A law enforcement officer taking custody of a person
  470  under this subsection may seize and hold a firearm or any
  471  ammunition the person possesses at the time of taking him or her
  472  into custody if the person poses a potential danger to himself
  473  or herself or others and has made a credible threat of violence
  474  against another person.
  475         2.If the law enforcement officer takes custody of the
  476  person at the person’s residence and the criteria in
  477  subparagraph 1. have been met, the law enforcement officer may
  478  seek the voluntary surrender of firearms or ammunition kept in
  479  the residence which have not already been seized under
  480  subparagraph 1. If such firearms or ammunition are not
  481  voluntarily surrendered, or if the person has other firearms or
  482  ammunition that were not seized or voluntarily surrendered when
  483  he or she was taken into custody, a law enforcement officer may
  484  petition the appropriate court under s. 790.401 for a risk
  485  protection order against the person.
  486         3. Firearms or ammunition seized or voluntarily surrendered
  487  under this paragraph must be made available for return no later
  488  than 24 hours after the person taken into custody can document
  489  that he or she is no longer subject to involuntary examination
  490  and has been released or discharged from any inpatient or
  491  involuntary outpatient treatment provided or ordered under
  492  paragraph (g), unless a risk protection order entered under s.
  493  790.401 directs the law enforcement agency to hold the firearms
  494  or ammunition for a longer period or the person is subject to a
  495  firearm purchase disability under s. 790.065(2), or a firearm
  496  possession and firearm ownership disability under s. 790.064.
  497  The process for the actual return of firearms or ammunition
  498  seized or voluntarily surrendered under this paragraph may not
  499  take longer than 7 days.
  500         4. Law enforcement agencies must develop policies and
  501  procedures relating to the seizure, storage, and return of
  502  firearms or ammunition held under this paragraph. A law
  503  enforcement officer acting in accordance with an ex parte order
  504  issued pursuant to this subsection may use such reasonable
  505  physical force as is necessary to gain entry to the premises,
  506  and any dwellings, buildings, or other structures located on the
  507  premises, and to take custody of the person who is the subject
  508  of the ex parte order.
  509         Section 9. Section 394.495, Florida Statutes, is amended to
  510  read:
  511         394.495 Child and adolescent mental health system of care;
  512  programs and services.—
  513         (1) The department shall establish, within available
  514  resources, an array of services to meet the individualized
  515  service and treatment needs of children and adolescents who are
  516  members of the target populations specified in s. 394.493, and
  517  of their families. It is the intent of the Legislature that a
  518  child or adolescent may not be admitted to a state mental health
  519  facility and such a facility may not be included within the
  520  array of services.
  521         (2) The array of services must include assessment services
  522  that provide a professional interpretation of the nature of the
  523  problems of the child or adolescent and his or her family;
  524  family issues that may impact the problems; additional factors
  525  that contribute to the problems; and the assets, strengths, and
  526  resources of the child or adolescent and his or her family. The
  527  assessment services to be provided shall be determined by the
  528  clinical needs of each child or adolescent. Assessment services
  529  include, but are not limited to, evaluation and screening in the
  530  following areas:
  531         (a) Physical and mental health for purposes of identifying
  532  medical and psychiatric problems.
  533         (b) Psychological functioning, as determined through a
  534  battery of psychological tests.
  535         (c) Intelligence and academic achievement.
  536         (d) Social and behavioral functioning.
  537         (e) Family functioning.
  538  
  539  The assessment for academic achievement is the financial
  540  responsibility of the school district. The department shall
  541  cooperate with other state agencies and the school district to
  542  avoid duplicating assessment services.
  543         (3) Assessments must be performed by:
  544         (a) A professional as defined in s. 394.455(5), (7), (32),
  545  (35), or (36);
  546         (b) A professional licensed under chapter 491; or
  547         (c) A person who is under the direct supervision of a
  548  qualified professional as defined in s. 394.455(5), (7), (32),
  549  (35), or (36) or a professional licensed under chapter 491.
  550         (4) The array of services may include, but is not limited
  551  to:
  552         (a) Prevention services.
  553         (b) Home-based services.
  554         (c) School-based services.
  555         (d) Family therapy.
  556         (e) Family support.
  557         (f) Respite services.
  558         (g) Outpatient treatment.
  559         (h) Day treatment.
  560         (i) Crisis stabilization.
  561         (j) Therapeutic foster care.
  562         (k) Residential treatment.
  563         (l) Inpatient hospitalization.
  564         (m) Case management.
  565         (n) Services for victims of sex offenses.
  566         (o) Transitional services.
  567         (p) Trauma-informed services for children who have suffered
  568  sexual exploitation as defined in s. 39.01(71)(g).
  569         (5) In order to enhance collaboration between agencies and
  570  to facilitate the provision of services by the child and
  571  adolescent mental health treatment and support system and the
  572  school district, the local child and adolescent mental health
  573  system of care shall include the local educational multiagency
  574  network for severely emotionally disturbed students specified in
  575  s. 1006.04.
  576         (6)The department shall contract for community action
  577  treatment teams throughout the state with the managing entities.
  578  A community action treatment team shall:
  579         (a)Provide community-based behavioral health and support
  580  services to children from 11 to 13 years of age, adolescents,
  581  and young adults from 18 to 21 years of age with serious
  582  behavioral health conditions who are at risk of out-of-home
  583  placement as demonstrated by:
  584         1.Repeated failures at less intensive levels of care;
  585         2.Two or more behavioral health hospitalizations;
  586         3.Involvement with the Department of Juvenile Justice;
  587         4.A history of multiple episodes involving law
  588  enforcement; or
  589         5.A record of poor academic performance or suspensions.
  590  
  591  Children younger than 11 years of age who otherwise meet the
  592  criteria in this paragraph may be candidates for such services
  593  if they demonstrate two or more of the characteristics listed in
  594  subparagraph 1.-5.
  595         (b)Use an integrated service delivery approach to
  596  comprehensively address the needs of the child, adolescent, or
  597  young adult and strengthen his or her family and support systems
  598  to assist the child, adolescent, or young adult to live
  599  successfully in the community. A community action treatment team
  600  shall address the therapeutic needs of the child, adolescent, or
  601  young adult receiving services and assist parents and caregivers
  602  in obtaining services and support. The community action
  603  treatment team shall make referrals to specialized treatment
  604  providers if necessary, with follow up by the community action
  605  treatment team to ensure services are received.
  606         (c)Focus on engaging the child, adolescent, or young adult
  607  and his or her family as active participants in every phase of
  608  the treatment process. Community action treatment teams shall be
  609  available to the child, adolescent, or young adult and his or
  610  her family at all times.
  611         (d)Coordinate with other key entities providing services
  612  and supports to the child, adolescent, or young adult and his or
  613  her family, including, but not limited to, the child’s,
  614  adolescent’s, or young adult’s school, the local educational
  615  multiagency network for severely emotionally disturbed students
  616  under s. 1006.04, the child welfare system, and the juvenile
  617  justice system. Community action treatment teams shall also
  618  coordinate with the managing entity in their service location.
  619         (e)1.Subject to appropriations and at a minimum,
  620  individually serve each of the following counties or regions:
  621         a.Alachua.
  622         b.Alachua, Columbia, Dixie, Hamilton, Lafayette, and
  623  Suwannee.
  624         c.Bay.
  625         d.Brevard.
  626         e.Collier.
  627         f.DeSoto and Sarasota.
  628         g.Duval.
  629         h.Escambia.
  630         i.Hardee, Highlands, and Polk.
  631         j.Hillsborough.
  632         k.Indian River, Martin, Okeechobee, and St. Lucie.
  633         l.Lake and Sumter.
  634         m.Lee.
  635         n.Manatee.
  636         o.Marion.
  637         p.Miami-Dade.
  638         q.Okaloosa.
  639         r.Orange.
  640         s.Palm Beach.
  641         t.Pasco.
  642         u.Pinellas.
  643         v.Walton.
  644         2.Subject to appropriations, the department shall contract
  645  for additional teams through the managing entities to ensure the
  646  availability of community action treatment team services in the
  647  remaining areas of the state.
  648         Section 10. Section 790.064, Florida Statutes, is created
  649  to read:
  650         790.064 Firearm possession and firearm ownership
  651  disability.
  652         (1) A person who has been adjudicated mentally defective or
  653  who has been committed to a mental institution, as those terms
  654  are defined in s. 790.065(2), may not own a firearm or possess a
  655  firearm until relief from the firearm possession and firearm
  656  ownership disability is obtained.
  657         (2) The firearm possession and firearm ownership disability
  658  runs concurrently with the firearm purchase disability provided
  659  in s. 790.065(2).
  660         (3) A person may petition the court that made the
  661  adjudication or commitment, or that ordered that the record be
  662  submitted to the Department of Law Enforcement pursuant to s.
  663  790.065(2), for relief from the firearm possession and firearm
  664  ownership disability.
  665         (4) The person seeking relief must follow the procedures
  666  set forth in s. 790.065(2) for obtaining relief from the firearm
  667  purchase disability in seeking relief from the firearm
  668  possession and firearm ownership disability.
  669         (5) The person may seek relief from the firearm possession
  670  and firearm ownership disability simultaneously with the relief
  671  being sought from the firearm purchase disability, if such
  672  relief is sought, pursuant to the procedure set forth in s.
  673  790.065(2).
  674         Section 11. Present subsection (13) of section 790.065,
  675  Florida Statutes, is redesignated as subsection (14), and a new
  676  subsection (13) is added to that section, to read:
  677         790.065 Sale and delivery of firearms.—
  678         (13) A person younger than 21 years of age may not purchase
  679  a firearm. The sale or transfer of a firearm to a person younger
  680  than 21 years of age may not be made or facilitated by a
  681  licensed importer, licensed manufacturer, or licensed dealer. A
  682  person who violates this subsection commits a felony of the
  683  third degree, punishable as provided in s. 775.082, s. 775.083,
  684  or s. 775.084. The prohibitions of this subsection do not apply
  685  to the purchase of a rifle or shotgun by a law enforcement
  686  officer or correctional officer, as those terms are defined in
  687  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  688  servicemember as defined in s. 250.01.
  689         Section 12. Section 790.0655, Florida Statutes, is amended
  690  to read:
  691         790.0655 Purchase and delivery of firearms handguns;
  692  mandatory waiting period; exceptions; penalties.—
  693         (1)(a) There shall be A mandatory 3-day waiting period is
  694  imposed between the purchase and delivery of a firearm. The
  695  mandatory waiting period is, which shall be 3 days, excluding
  696  weekends and legal holidays, or expires upon the completion of
  697  the records checks required under s. 790.065, whichever occurs
  698  later between the purchase and the delivery at retail of any
  699  handgun. “Purchase” means the transfer of money or other
  700  valuable consideration to the retailer. “Handgun” means a
  701  firearm capable of being carried and used by one hand, such as a
  702  pistol or revolver. “Retailer” means and includes a licensed
  703  importer, licensed manufacturer, or licensed dealer every person
  704  engaged in the business of making firearm sales at retail or for
  705  distribution, or use, or consumption, or storage to be used or
  706  consumed in this state, as defined in s. 212.02(13).
  707         (b) Records of firearm handgun sales must be available for
  708  inspection by any law enforcement agency, as defined in s.
  709  934.02, during normal business hours.
  710         (2) The 3-day waiting period does shall not apply in the
  711  following circumstances:
  712         (a) When a firearm handgun is being purchased by a holder
  713  of a concealed weapons permit as defined in s. 790.06.
  714         (b) To a trade-in of another firearm handgun.
  715         (c) To the purchase of a rifle or shotgun, upon a person’s
  716  successfully completing a minimum of a 16-hour hunter safety
  717  course and possessing a hunter safety certification card issued
  718  under s. 379.3581. A person who is exempt from the hunter safety
  719  course requirements under s. 379.3581 and holds a valid Florida
  720  hunting license, is exempt from the mandatory waiting period
  721  under this section for the purchase of a rifle or shotgun.
  722         (d) When a rifle or shotgun is being purchased by a law
  723  enforcement officer or correctional officer, as those terms are
  724  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  725  servicemember as defined in s. 250.01.
  726         (3) It is a felony of the third degree, punishable as
  727  provided in s. 775.082, s. 775.083, or s. 775.084:
  728         (a) For any retailer, or any employee or agent of a
  729  retailer, to deliver a firearm handgun before the expiration of
  730  the 3-day waiting period, subject to the exceptions provided in
  731  subsection (2).
  732         (b) For a purchaser to obtain delivery of a firearm handgun
  733  by fraud, false pretense, or false representation.
  734         Section 13. Effective October 1, 2018, section 790.222,
  735  Florida Statutes, is created to read:
  736         790.222Bump-fire stocks prohibited.—A person may not
  737  import into this state or transfer, distribute, sell, keep for
  738  sale, offer for sale, possess, or give to another person a bump
  739  fire stock. A person who violates this section commits a felony
  740  of the third degree, punishable as provided in s. 775.082, s.
  741  775.083, or s. 775.084. As used in this section, the term “bump
  742  fire stock” means a conversion kit, a tool, an accessory, or a
  743  device used to alter the rate of fire of a firearm to mimic
  744  automatic weapon fire or which is used to increase the rate of
  745  fire to a faster rate than is possible for a person to fire such
  746  semiautomatic firearm unassisted by a kit, a tool, an accessory,
  747  or a device.
  748         Section 14. (1)Section 790.401, Florida Statutes, is
  749  intended to temporarily prevent individuals who are at high risk
  750  of harming themselves or others from accessing firearms or
  751  ammunition by allowing law enforcement officers to obtain a
  752  court order when there is demonstrated evidence that a person
  753  poses a significant danger to himself or herself or others,
  754  including significant danger as a result of a mental health
  755  crisis or violent behavior.
  756         (2)The purpose and intent of s. 790.401, Florida Statutes,
  757  is to reduce deaths and injuries as a result of certain
  758  individuals’ use of firearms while respecting constitutional
  759  rights by providing a judicial procedure for law enforcement
  760  officers to obtain a court order temporarily restricting a
  761  person’s access to firearms and ammunition. The process
  762  established by s. 790.401, Florida Statutes, is intended to
  763  apply only to situations in which the person poses a significant
  764  danger of harming himself or herself or others by possessing a
  765  firearm or ammunition and to include standards and safeguards to
  766  protect the rights of respondents and due process of law.
  767         Section 15. Section 790.401, Florida Statutes, may be cited
  768  as “The Risk Protection Order Act.”
  769         Section 16. Section 790.401, Florida Statutes, is created
  770  to read:
  771         790.401 Risk protection orders.—
  772         (1)DEFINITIONS.—As used in this section, the term:
  773         (a)“Petitioner” means a law enforcement officer or a law
  774  enforcement agency that petitions a court for a risk protection
  775  order under this section.
  776         (b)“Respondent” means the individual who is identified as
  777  the respondent in a petition filed under this section.
  778         (c)“Risk protection order” means a temporary ex parte
  779  order or a final order granted under this section.
  780         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
  781  an action known as a petition for a risk protection order.
  782         (a)A petition for a risk protection order may be filed by
  783  a law enforcement officer or law enforcement agency.
  784         (b)An action under this section must be filed in the
  785  county where the petitioner’s law enforcement office is located
  786  or the county where the respondent resides.
  787         (c) Such petition for a risk protection order does not
  788  require either party to be represented by an attorney.
  789         (d) Notwithstanding any other law, attorney fees may not be
  790  awarded in any proceeding under this section.
  791         (e)A petition must:
  792         1.Allege that the respondent poses a significant danger of
  793  causing personal injury to himself or herself or others by
  794  having a firearm or any ammunition in his or her custody or
  795  control or by purchasing, possessing, or receiving a firearm or
  796  any ammunition, and must be accompanied by an affidavit made
  797  under oath stating the specific statements, actions, or facts
  798  that give rise to a reasonable fear of significant dangerous
  799  acts by the respondent;
  800         2.Identify the quantities, types, and locations of all
  801  firearms and ammunition the petitioner believes to be in the
  802  respondent’s current ownership, possession, custody, or control;
  803  and
  804         3.Identify whether there is a known existing protection
  805  order governing the respondent under s. 741.30, s. 784.046, or
  806  s. 784.0485 or under any other applicable statute.
  807         (f)The petitioner must make a good faith effort to provide
  808  notice to a family or household member of the respondent and to
  809  any known third party who may be at risk of violence. The notice
  810  must state that the petitioner intends to petition the court for
  811  a risk protection order or has already done so and must include
  812  referrals to appropriate resources, including mental health,
  813  domestic violence, and counseling resources. The petitioner must
  814  attest in the petition to having provided such notice or must
  815  attest to the steps that will be taken to provide such notice.
  816         (g)The petitioner must list the address of record on the
  817  petition as being where the appropriate law enforcement agency
  818  is located.
  819         (h)A court or a public agency may not charge fees for
  820  filing or for service of process to a petitioner seeking relief
  821  under this section and must provide the necessary number of
  822  certified copies, forms, and instructional brochures free of
  823  charge.
  824         (i)A person is not required to post a bond to obtain
  825  relief in any proceeding under this section.
  826         (j)The circuit courts of this state have jurisdiction over
  827  proceedings under this section.
  828         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  829         (a)Upon receipt of a petition, the court must order a
  830  hearing to be held no later than 14 days after the date of the
  831  order and must issue a notice of hearing to the respondent for
  832  the same.
  833         1.The clerk of the court shall cause a copy of the notice
  834  of hearing and petition to be forwarded on or before the next
  835  business day to the appropriate law enforcement agency for
  836  service upon the respondent as provided in subsection (5).
  837         2.The court may, as provided in subsection (4), issue a
  838  temporary ex parte risk protection order pending the hearing
  839  ordered under this subsection. Such temporary ex parte order
  840  must be served concurrently with the notice of hearing and
  841  petition as provided in subsection (5).
  842         3.The court may conduct a hearing by telephone pursuant to
  843  a local court rule to reasonably accommodate a disability or
  844  exceptional circumstances. The court must receive assurances of
  845  the petitioner’s identity before conducting a telephonic
  846  hearing.
  847         (b)Upon notice and a hearing on the matter, if the court
  848  finds by clear and convincing evidence that the respondent poses
  849  a significant danger of causing personal injury to himself or
  850  herself or others by having in his or her custody or control, or
  851  by purchasing, possessing, or receiving, a firearm or any
  852  ammunition, the court must issue a risk protection order for a
  853  period that it deems appropriate, up to and including but not
  854  exceeding 12 months.
  855         (c)In determining whether grounds for a risk protection
  856  order exist, the court may consider any relevant evidence,
  857  including, but not limited to, any of the following:
  858         1.A recent act or threat of violence by the respondent
  859  against himself or herself or others, whether or not such
  860  violence or threat of violence involves a firearm.
  861         2.An act or threat of violence by the respondent within
  862  the past 12 months, including, but not limited to, acts or
  863  threats of violence by the respondent against himself or herself
  864  or others.
  865         3.Evidence of the respondent being seriously mentally ill
  866  or having recurring mental health issues.
  867         4.A violation by the respondent of a risk protection order
  868  or a no contact order issued under s. 741.30, s. 784.046, or s.
  869  784.0485.
  870         5.A previous or existing risk protection order issued
  871  against the respondent.
  872         6.A violation of a previous or existing risk protection
  873  order issued against the respondent.
  874         7.Whether the respondent, in this state or any other
  875  state, has been convicted of, had adjudication withheld on, or
  876  pled nolo contendere to a crime that constitutes domestic
  877  violence as defined in s. 741.28.
  878         8. Whether the respondent has used, or has threatened to
  879  use, against himself or herself or others any weapons.
  880         9.The unlawful or reckless use, display, or brandishing of
  881  a firearm by the respondent.
  882         10.The recurring use of, or threat to use, physical force
  883  by the respondent against another person or the respondent
  884  stalking another person.
  885         11.Whether the respondent, in this state or any other
  886  state, has been arrested for, convicted of, had adjudication
  887  withheld on, or pled nolo contendere to a crime involving
  888  violence or a threat of violence.
  889         12.Corroborated evidence of the abuse of controlled
  890  substances or alcohol by the respondent.
  891         13.Evidence of recent acquisition of firearms or
  892  ammunition by the respondent.
  893         14. Any relevant information from family and household
  894  members concerning the respondent.
  895         15. Witness testimony, taken while the witness is under
  896  oath, relating to the matter before the court.
  897         (d)A person, including an officer of the court, who offers
  898  evidence or recommendations relating to the cause of action
  899  either must present the evidence or recommendations in writing
  900  to the court with copies to each party and his or her attorney,
  901  if one is retained, or must present the evidence under oath at a
  902  hearing at which all parties are present.
  903         (e)In a hearing under this section, the rules of evidence
  904  apply to the same extent as in a domestic violence injunction
  905  proceeding under s. 741.30.
  906         (f)During the hearing, the court must consider whether a
  907  mental health evaluation or chemical dependency evaluation is
  908  appropriate and, if such determination is made, may order such
  909  evaluations, if appropriate.
  910         (g)A risk protection order must include all of the
  911  following:
  912         1.A statement of the grounds supporting the issuance of
  913  the order;
  914         2.The date the order was issued;
  915         3.The date the order ends;
  916         4.Whether a mental health evaluation or chemical
  917  dependency evaluation of the respondent is required;
  918         5.The address of the court in which any responsive
  919  pleading should be filed;
  920         6.A description of the requirements for the surrender of
  921  all firearms and ammunition that the respondent owns, under
  922  subsection (7); and
  923         7.The following statement:
  924  
  925  “To the subject of this protection order: This order will last
  926  until the date noted above. If you have not done so already, you
  927  must surrender immediately to the (insert name of local law
  928  enforcement agency) all firearms and ammunition that you own in
  929  your custody, control, or possession and any license to carry a
  930  concealed weapon or firearm issued to you under s. 790.06,
  931  Florida Statutes. You may not have in your custody or control,
  932  or purchase, possess, receive, or attempt to purchase or
  933  receive, a firearm or ammunition while this order is in effect.
  934  You have the right to request one hearing to vacate this order,
  935  starting after the date of the issuance of this order, and to
  936  request another hearing after every extension of the order, if
  937  any. You may seek the advice of an attorney as to any matter
  938  connected with this order.”
  939  
  940         (h)If the court issues a risk protection order, the court
  941  must inform the respondent that he or she is entitled to request
  942  a hearing to vacate the order in the manner provided by
  943  subsection (6). The court shall provide the respondent with a
  944  form to request a hearing to vacate.
  945         (i)If the court denies the petitioner’s request for a risk
  946  protection order, the court must state the particular reasons
  947  for the denial.
  948         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  949         (a) A petitioner may request that a temporary ex parte risk
  950  protection order be issued before a hearing for a risk
  951  protection order, without notice to the respondent, by including
  952  in the petition detailed allegations based on personal knowledge
  953  that the respondent poses a significant danger of causing
  954  personal injury to himself or herself or others in the near
  955  future by having in his or her custody or control, or by
  956  purchasing, possessing, or receiving, a firearm or ammunition.
  957         (b)In considering whether to issue a temporary ex parte
  958  risk protection order under this section, the court shall
  959  consider all relevant evidence, including the evidence described
  960  in paragraph (3)(c).
  961         (c)If a court finds there is reasonable cause to believe
  962  that the respondent poses a significant danger of causing
  963  personal injury to himself or herself or others in the near
  964  future by having in his or her custody or control, or by
  965  purchasing, possessing, or receiving, a firearm or ammunition,
  966  the court must issue a temporary ex parte risk protection order.
  967         (d)The court must hold a temporary ex parte risk
  968  protection order hearing in person or by telephone on the day
  969  the petition is filed or on the business day immediately
  970  following the day the petition is filed.
  971         (e)A temporary ex parte risk protection order must include
  972  all of the following:
  973         1.A statement of the grounds asserted for the order;
  974         2.The date the order was issued;
  975         3.The address of the court in which any responsive
  976  pleading may be filed;
  977         4.The date and time of the scheduled hearing;
  978         5.A description of the requirements for the surrender of
  979  all firearms and ammunition that the respondent owns, under
  980  subsection (7); and
  981         6.The following statement:
  982  
  983  “To the subject of this protection order: This order is valid
  984  until the date noted above. You are required to surrender all
  985  firearms and ammunition that you own in your custody, control,
  986  or possession. You may not have in your custody or control, or
  987  purchase, possess, receive, or attempt to purchase or receive, a
  988  firearm or ammunition while this order is in effect. You must
  989  surrender immediately to the (insert name of local law
  990  enforcement agency) all firearms and ammunition in your custody,
  991  control, or possession and any license to carry a concealed
  992  weapon or firearm issued to you under s. 790.06, Florida
  993  Statutes. A hearing will be held on the date and at the time
  994  noted above to determine if a risk protection order should be
  995  issued. Failure to appear at that hearing may result in a court
  996  issuing an order against you which is valid for 1 year. You may
  997  seek the advice of an attorney as to any matter connected with
  998  this order.”
  999  
 1000         (f)A temporary ex parte risk protection order ends upon
 1001  the hearing on the risk protection order.
 1002         (g)A temporary ex parte risk protection order must be
 1003  served by a law enforcement officer in the same manner as
 1004  provided for in subsection (5) for service of the notice of
 1005  hearing and petition and must be served concurrently with the
 1006  notice of hearing and petition.
 1007         (h)If the court denies the petitioner’s request for a
 1008  temporary ex parte risk protection order, the court must state
 1009  the particular reasons for the denial.
 1010         (5) SERVICE.—
 1011         (a) The clerk of the court shall furnish a copy of the
 1012  notice of hearing, petition, and temporary ex parte risk
 1013  protection order or risk protection order, as applicable, to the
 1014  sheriff of the county where the respondent resides or can be
 1015  found, who shall serve it upon the respondent as soon thereafter
 1016  as possible on any day of the week and at any time of the day or
 1017  night. When requested by the sheriff, the clerk of the court may
 1018  transmit a facsimile copy of a temporary ex parte risk
 1019  protection order or a risk protection order that has been
 1020  certified by the clerk of the court, and this facsimile copy may
 1021  be served in the same manner as a certified copy. Upon receiving
 1022  a facsimile copy, the sheriff must verify receipt with the
 1023  sender before attempting to serve it upon the respondent. The
 1024  clerk of the court shall be responsible for furnishing to the
 1025  sheriff information on the respondent’s physical description and
 1026  location. Notwithstanding any other provision of law to the
 1027  contrary, the chief judge of each circuit, in consultation with
 1028  the appropriate sheriff, may authorize a law enforcement agency
 1029  within the jurisdiction to effect service. A law enforcement
 1030  agency effecting service pursuant to this section shall use
 1031  service and verification procedures consistent with those of the
 1032  sheriff. Service under this section takes precedence over the
 1033  service of other documents, unless the other documents are of a
 1034  similar emergency nature.
 1035         (b) All orders issued, changed, continued, extended, or
 1036  vacated after the original service of documents specified in
 1037  paragraph (a) must be certified by the clerk of the court and
 1038  delivered to the parties at the time of the entry of the order.
 1039  The parties may acknowledge receipt of such order in writing on
 1040  the face of the original order. If a party fails or refuses to
 1041  acknowledge the receipt of a certified copy of an order, the
 1042  clerk shall note on the original order that service was
 1043  effected. If delivery at the hearing is not possible, the clerk
 1044  shall mail certified copies of the order to the parties at the
 1045  last known address of each party. Service by mail is complete
 1046  upon mailing. When an order is served pursuant to this
 1047  subsection, the clerk shall prepare a written certification to
 1048  be placed in the court file specifying the time, date, and
 1049  method of service and shall notify the sheriff.
 1050         (6)TERMINATION AND EXTENSION OF ORDERS.—
 1051         (a)The respondent may submit one written request for a
 1052  hearing to vacate a risk protection order issued under this
 1053  section, starting after the date of the issuance of the order,
 1054  and may request another hearing after every extension of the
 1055  order, if any.
 1056         1.Upon receipt of the request for a hearing to vacate a
 1057  risk protection order, the court shall set a date for a hearing.
 1058  Notice of the request must be served on the petitioner in
 1059  accordance with subsection (5). The hearing must occur no sooner
 1060  than 14 days and no later than 30 days after the date of service
 1061  of the request upon the petitioner.
 1062         2.The respondent shall have the burden of proving by clear
 1063  and convincing evidence that the respondent does not pose a
 1064  significant danger of causing personal injury to himself or
 1065  herself or others by having in his or her custody or control,
 1066  purchasing, possessing, or receiving a firearm or ammunition.
 1067  The court may consider any relevant evidence, including evidence
 1068  of the considerations listed in paragraph (3)(c).
 1069         3.If the court finds after the hearing that the respondent
 1070  has met his or her burden of proof, the court must vacate the
 1071  order.
 1072         4. The law enforcement agency holding any firearm or
 1073  ammunition or license to carry a concealed weapon or firearm
 1074  that has been surrendered pursuant to this section shall be
 1075  notified of the court order to vacate the risk protection order.
 1076         (b)The court must notify the petitioner of the impending
 1077  end of a risk protection order. Notice must be received by the
 1078  petitioner at least 30 days before the date the order ends.
 1079         (c)The petitioner may, by motion, request an extension of
 1080  a risk protection order at any time within 30 days before the
 1081  end of the order.
 1082         1.Upon receipt of the motion to extend, the court shall
 1083  order that a hearing be held no later than 14 days after the
 1084  date the order is issued and shall schedule such hearing.
 1085         a. The court may schedule a hearing by telephone in the
 1086  manner provided by subparagraph (3)(a)3.
 1087         b. The respondent must be personally serviced in the same
 1088  manner provided by subsection (5).
 1089         2.In determining whether to extend a risk protection order
 1090  issued under this section, the court may consider all relevant
 1091  evidence, including evidence of the considerations listed in
 1092  paragraph (3)(c).
 1093         3.If the court finds by clear and convincing evidence that
 1094  the requirements for issuance of a risk protection order as
 1095  provided in subsection (3) continue to be met, the court must
 1096  extend the order. However, if, after notice, the motion for
 1097  extension is uncontested and no modification of the order is
 1098  sought, the order may be extended on the basis of a motion or
 1099  affidavit stating that there has been no material change in
 1100  relevant circumstances since entry of the order and stating the
 1101  reason for the requested extension.
 1102         4.The court may extend a risk protection order for a
 1103  period that it deems appropriate, up to and including but not
 1104  exceeding 12 months, subject to an order to vacate as provided
 1105  in paragraph (a) or to another extension order by the court.
 1106         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
 1107         (a)Upon issuance of a risk protection order under this
 1108  section, including a temporary ex parte risk protection order,
 1109  the court shall order the respondent to surrender to the local
 1110  law enforcement agency all firearms and ammunition owned by the
 1111  respondent in the respondent’s custody, control, or possession
 1112  except as provided in subsection (9), and any license to carry a
 1113  concealed weapon or firearm issued under s. 790.06, held by the
 1114  respondent.
 1115         (b)The law enforcement officer serving a risk protection
 1116  order under this section, including a temporary ex parte risk
 1117  protection order, shall request that the respondent immediately
 1118  surrender all firearms and ammunition owned by the respondent in
 1119  his or her custody, control, or possession and any license to
 1120  carry a concealed weapon or firearm issued under s. 790.06, held
 1121  by the respondent. The law enforcement officer shall take
 1122  possession of all firearms and ammunition owned by the
 1123  respondent and any license to carry a concealed weapon or
 1124  firearm issued under s. 790.06, held by the respondent, which
 1125  are surrendered. Alternatively, if personal service by a law
 1126  enforcement officer is not possible or is not required because
 1127  the respondent was present at the risk protection order hearing,
 1128  the respondent must surrender any firearms and ammunition owned
 1129  by the respondent and any license to carry a concealed weapon or
 1130  firearm issued under s. 790.06, held by the respondent, in a
 1131  safe manner to the control of the local law enforcement agency
 1132  immediately after being served with the order by service or
 1133  immediately after the hearing at which the respondent was
 1134  present. Notwithstanding ss. 933.02 and 933.18, a law
 1135  enforcement officer may seek a search warrant from a court of
 1136  competent jurisdiction to conduct a search for firearms or
 1137  ammunition owned by the respondent if the officer has probable
 1138  cause to believe that there are firearms or ammunition owned by
 1139  the respondent in the respondent’s custody, control, or
 1140  possession which have not been surrendered.
 1141         (c)At the time of surrender, a law enforcement officer
 1142  taking possession of any firearm or ammunition owned by the
 1143  respondent, or a license to carry a concealed weapon or firearm
 1144  issued under s. 790.06, held by the respondent shall issue a
 1145  receipt identifying all firearms and the quantity and type of
 1146  ammunition that have been surrendered, and any license
 1147  surrendered and shall provide a copy of the receipt to the
 1148  respondent. Within 72 hours after service of the order, the law
 1149  enforcement officer serving the order shall file the original
 1150  receipt with the court and shall ensure that his or her law
 1151  enforcement agency retains a copy of the receipt.
 1152         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
 1153  statement or testimony of any person alleging that the
 1154  respondent has failed to comply with the surrender of firearms
 1155  or ammunition owned by the respondent, as required by an order
 1156  issued under this section, the court shall determine whether
 1157  probable cause exists to believe that the respondent has failed
 1158  to surrender all firearms or ammunition owned by the respondent
 1159  in the respondent’s custody, control, or possession. If the
 1160  court finds that probable cause exists, the court must issue a
 1161  warrant describing the firearms or ammunition owned by the
 1162  respondent and authorizing a search of the locations where the
 1163  firearms or ammunition owned by the respondent are reasonably
 1164  believed to be found and the seizure of any firearms or
 1165  ammunition owned by the respondent discovered pursuant to such
 1166  search.
 1167         (e)If a person other than the respondent claims title to
 1168  any firearms or ammunition surrendered pursuant to this section
 1169  and he or she is determined by the law enforcement agency to be
 1170  the lawful owner of the firearm or ammunition, the firearm or
 1171  ammunition shall be returned to him or her, if:
 1172         1.The lawful owner agrees to store the firearm or
 1173  ammunition in a manner such that the respondent does not have
 1174  access to or control of the firearm or ammunition.
 1175         2.The firearm or ammunition is not otherwise unlawfully
 1176  possessed by the owner.
 1177         (f)Upon the issuance of a risk protection order, the court
 1178  shall order a new hearing date and require the respondent to
 1179  appear no later than 3 business days after the issuance of the
 1180  order. The court shall require proof that the respondent has
 1181  surrendered any firearms or ammunition owned by the respondent
 1182  in the respondent’s custody, control, or possession. The court
 1183  may cancel the hearing upon a satisfactory showing that the
 1184  respondent is in compliance with the order.
 1185         (g)All law enforcement agencies must develop policies and
 1186  procedures regarding the acceptance, storage, and return of
 1187  firearms, ammunition, or licenses required to be surrendered
 1188  under this section.
 1189         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
 1190         (a)If a risk protection order is vacated or ends without
 1191  extension, a law enforcement agency holding a firearm or any
 1192  ammunition owned by the respondent or a license to carry a
 1193  concealed weapon or firearm issued under s. 790.06, held by the
 1194  respondent, that has been surrendered or seized pursuant to this
 1195  section must return such surrendered firearm, ammunition, or
 1196  license to carry a concealed weapon or firearm issued under s.
 1197  790.06, as requested by a respondent only after confirming
 1198  through a background check that the respondent is currently
 1199  eligible to own or possess firearms and ammunition under federal
 1200  and state law and after confirming with the court that the risk
 1201  protection order has been vacated or has ended without
 1202  extension.
 1203         (b) If a risk protection order is vacated or ends without
 1204  extension, the Department of Agriculture and Consumer Services,
 1205  if it has suspended a license to carry a concealed weapon or
 1206  firearm pursuant to this section, must reinstate such license
 1207  only after confirming that the respondent is currently eligible
 1208  to have a license to carry a concealed weapon or firearm
 1209  pursuant to s. 790.06.
 1210         (c)A law enforcement agency must provide notice to any
 1211  family or household members of the respondent before the return
 1212  of any surrendered firearm and ammunition owned by the
 1213  respondent.
 1214         (d)Any firearm and ammunition surrendered by a respondent
 1215  pursuant to subsection (7) which remains unclaimed for 1 year by
 1216  the lawful owner after an order to vacate the risk protection
 1217  order shall be disposed of in accordance with the law
 1218  enforcement agency’s policies and procedures for the disposal of
 1219  firearms in police custody.
 1220         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
 1221  elect to transfer all firearms and ammunition owned by the
 1222  respondent that have been surrendered to or seized by a local
 1223  law enforcement agency pursuant to subsection (7) to another
 1224  person who is willing to receive the respondent’s firearms and
 1225  ammunition. The law enforcement agency must allow such a
 1226  transfer only if it is determined that the chosen recipient:
 1227         (a) Currently is eligible to own or possess a firearm and
 1228  ammunition under federal and state law after confirmation
 1229  through a background check;
 1230         (b) Attests to storing the firearms and ammunition in a
 1231  manner such that the respondent does not have access to or
 1232  control of the firearms and ammunition until the risk protection
 1233  order against the respondent is vacated or ends without
 1234  extension; and
 1235         (c) Attests not to transfer the firearms or ammunition back
 1236  to the respondent until the risk protection order against the
 1237  respondent is vacated or ends without extension.
 1238         (10) REPORTING OF ORDERS.—
 1239         (a) Within 24 hours after issuance, the clerk of the court
 1240  shall enter any risk protection order or temporary ex parte risk
 1241  protection order issued under this section into the uniform case
 1242  reporting system.
 1243         (b)Within 24 hours after issuance, the clerk of the court
 1244  shall forward a copy of an order issued under this section to
 1245  the appropriate law enforcement agency specified in the order.
 1246  Upon receipt of the copy of the order, the law enforcement
 1247  agency shall enter the order into the Florida Crime Information
 1248  Center and National Crime Information Center. The order must
 1249  remain in each system for the period stated in the order, and
 1250  the law enforcement agency may only remove an order from the
 1251  systems which has ended or been vacated. Entry of the order into
 1252  the Florida Crime Information Center and National Crime
 1253  Information Center constitutes notice to all law enforcement
 1254  agencies of the existence of the order. The order is fully
 1255  enforceable in any county in this state.
 1256         (c)The issuing court shall, within 3 business days after
 1257  issuance of a risk protection order or temporary ex parte risk
 1258  protection order, forward all available identifying information
 1259  concerning the respondent, along with the date of order
 1260  issuance, to the Department of Agriculture and Consumer
 1261  Services. Upon receipt of the information, the department shall
 1262  determine if the respondent has a license to carry a concealed
 1263  weapon or firearm. If the respondent does have a license to
 1264  carry a concealed weapon or firearm, the department must
 1265  immediately suspend the license.
 1266         (d)If a risk protection order is vacated before its end
 1267  date, the clerk of the court shall, on the day of the order to
 1268  vacate, forward a copy of the order to the Department of
 1269  Agriculture and Consumer Services and the appropriate law
 1270  enforcement agency specified in the order to vacate. Upon
 1271  receipt of the order, the law enforcement agency shall promptly
 1272  remove the order from any computer-based system in which it was
 1273  entered pursuant to paragraph (b).
 1274         (11)PENALTIES.—
 1275         (a)A person who makes a false statement, which he or she
 1276  does not believe to be true, under oath in a hearing under this
 1277  section in regard to any material matter commits a felony of the
 1278  third degree, punishable as provided in s. 775.082, s. 775.083,
 1279  or s. 775.084.
 1280         (b) A person who has in his or her custody or control a
 1281  firearm or any ammunition or who purchases, possesses, or
 1282  receives a firearm or any ammunition with knowledge that he or
 1283  she is prohibited from doing so by an order issued under this
 1284  section commits a felony of the third degree, punishable as
 1285  provided in s. 775.082, s. 775.083, or s. 775.084.
 1286         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
 1287  does not affect the ability of a law enforcement officer to
 1288  remove a firearm or ammunition or license to carry a concealed
 1289  weapon or concealed firearm from any person or to conduct any
 1290  search and seizure for firearms or ammunition pursuant to other
 1291  lawful authority.
 1292         (13)LIABILITY.—Except as provided in subsection (8) or
 1293  subsection (11), this section does not impose criminal or civil
 1294  liability on any person or entity for acts or omissions related
 1295  to obtaining a risk protection order or temporary ex parte risk
 1296  protection order, including, but not limited to, providing
 1297  notice to the petitioner, a family or household member of the
 1298  respondent, and any known third party who may be at risk of
 1299  violence or failure to provide such notice, or reporting,
 1300  declining to report, investigating, declining to investigate,
 1301  filing, or declining to file, a petition under this section.
 1302         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
 1303         (a)The Office of the State Courts Administrator shall
 1304  develop and prepare instructions and informational brochures,
 1305  standard petitions and risk protection order forms, and a court
 1306  staff handbook on the risk protection order process. The
 1307  standard petition and order forms must be used after January 1,
 1308  2019, for all petitions filed and orders issued pursuant to this
 1309  section. The office shall determine the significant non-English
 1310  speaking or limited English-speaking populations in the state
 1311  and prepare the instructions and informational brochures and
 1312  standard petitions and risk protection order forms in such
 1313  languages. The instructions, brochures, forms, and handbook must
 1314  be prepared in consultation with interested persons, including
 1315  representatives of gun violence prevention groups, judges, and
 1316  law enforcement personnel. Materials must be based on best
 1317  practices and must be available online to the public.
 1318         1.The instructions must be designed to assist petitioners
 1319  in completing the petition and must include a sample of a
 1320  standard petition and order for protection forms.
 1321         2.The instructions and standard petition must include a
 1322  means for the petitioner to identify, with only layman’s
 1323  knowledge, the firearms or ammunition the respondent may own,
 1324  possess, receive, or have in his or her custody or control. The
 1325  instructions must provide pictures of types of firearms and
 1326  ammunition that the petitioner may choose from to identify the
 1327  relevant firearms or ammunition, or must provide an equivalent
 1328  means to allow petitioners to identify firearms or ammunition
 1329  without requiring specific or technical knowledge regarding the
 1330  firearms or ammunition.
 1331         3.The informational brochure must describe the use of and
 1332  the process for obtaining, extending, and vacating a risk
 1333  protection order under this section and must provide relevant
 1334  forms.
 1335         4.The risk protection order form must include, in a
 1336  conspicuous location, notice of criminal penalties resulting
 1337  from violation of the order and the following statement: “You
 1338  have the sole responsibility to avoid or refrain from violating
 1339  this order’s provisions. Only the court can change the order and
 1340  only upon written request.”
 1341         5.The court staff handbook must allow for the addition of
 1342  a community resource list by the clerk of the court.
 1343         (b)Any clerk of court may create a community resource list
 1344  of crisis intervention, mental health, substance abuse,
 1345  interpreter, counseling, and other relevant resources serving
 1346  the county in which the court is located. The court may make the
 1347  community resource list available as part of or in addition to
 1348  the informational brochures described in paragraph (a).
 1349         (c)The Office of the State Courts Administrator shall
 1350  distribute a master copy of the petition and order forms,
 1351  instructions, and informational brochures to the clerks of
 1352  court. Distribution of all documents shall, at a minimum, be in
 1353  an electronic format or formats accessible to all courts and
 1354  clerks of court in the state.
 1355         (d)Within 90 days after receipt of the master copy from
 1356  the Office of the State Courts Administrator, the clerk of the
 1357  court shall make available the standardized forms, instructions,
 1358  and informational brochures required by this subsection.
 1359         (e)The Office of the State Courts Administrator shall
 1360  update the instructions, brochures, standard petition and risk
 1361  protection order forms, and court staff handbook as necessary,
 1362  including when changes in the law make an update necessary.
 1363         Section 17. Section 836.10, Florida Statutes, is amended to
 1364  read:
 1365         836.10 Written threats to kill, or do bodily injury, or
 1366  conduct a mass shooting or an act of terrorism; punishment.—Any
 1367  person who writes or composes and also sends or procures the
 1368  sending of any letter, inscribed communication, or electronic
 1369  communication, whether such letter or communication be signed or
 1370  anonymous, to any person, containing a threat to kill or to do
 1371  bodily injury to the person to whom such letter or communication
 1372  is sent, or a threat to kill or do bodily injury to any member
 1373  of the family of the person to whom such letter or communication
 1374  is sent, or any person who makes, posts, or transmits a threat
 1375  in a writing or other record, including an electronic record, to
 1376  conduct a mass shooting or an act of terrorism, in any manner
 1377  that would allow another person to view the threat, commits a
 1378  felony of the second degree, punishable as provided in s.
 1379  775.082, s. 775.083, or s. 775.084.
 1380         Section 18. Paragraph (f) of subsection (3) of section
 1381  921.0022, Florida Statutes, is amended to read:
 1382         921.0022 Criminal Punishment Code; offense severity ranking
 1383  chart.—
 1384         (3) OFFENSE SEVERITY RANKING CHART
 1385         (f) LEVEL 6
 1386  
 1387  FloridaStatute              FelonyDegree        Description        
 1388  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1389  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1390  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 1391  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 1392  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1393  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1394  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1395  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1396  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1397  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1398  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1399  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1400  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1401  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1402  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1403  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1404  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1405  784.083(2)                       2nd     Aggravated assault on code inspector.
 1406  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1407  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1408  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1409  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 1410  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1411  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1412  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1413  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 1414  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1415  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1416  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1417  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1418  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1419  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1420  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
 1421  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1422  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1423  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1424  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 1425  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1426  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1427  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1428  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1429  827.03(2)(c)                     3rd     Abuse of a child.         
 1430  827.03(2)(d)                     3rd     Neglect of a child.       
 1431  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1432  836.05                           2nd     Threats; extortion.       
 1433  836.10                           2nd     Written threats to kill, or do bodily injury, or conduct a mass shooting or an act of terrorism.
 1434  843.12                           3rd     Aids or assists person to escape.
 1435  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1436  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1437  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1438  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1439  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 1440  944.40                           2nd     Escapes.                  
 1441  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1442  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1443  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1444  
 1445  
 1446         Section 19. Section 943.082, Florida Statutes, is created
 1447  to read:
 1448         943.082School Safety Awareness Program.—
 1449         (1)In collaboration with the Department of Legal Affairs,
 1450  the department shall competitively procure a mobile suspicious
 1451  activity reporting tool that allows students and the community
 1452  to relay information anonymously concerning unsafe, potentially
 1453  harmful, dangerous, violent, or criminal activities, or the
 1454  threat of these activities, to appropriate public safety
 1455  agencies and school officials. As recommended by students of
 1456  Marjory Stoneman Douglas High School, the program shall be named
 1457  “FortifyFL.” At a minimum, the department must receive reports
 1458  electronically through the mobile suspicious activity reporting
 1459  tool that is available on both Android and Apple devices.
 1460         (2)The reporting tool must notify the reporting party of
 1461  the following information:
 1462         (a)That the reporting party may provide his or her report
 1463  anonymously.
 1464         (b)That if the reporting party chooses to disclose his or
 1465  her identity, that information shall be shared with the
 1466  appropriate law enforcement agency and school officials;
 1467  however, the law enforcement agency and school officials shall
 1468  be required to maintain the information as confidential.
 1469         (3)Information reported using the tool must be promptly
 1470  forwarded to the appropriate law enforcement agency or school
 1471  official.
 1472         (4)Law enforcement dispatch centers, school districts,
 1473  schools, and other entities identified by the department shall
 1474  be made aware of the mobile suspicious activity reporting tool.
 1475         (5)The department, in collaboration with the Division of
 1476  Victims Services within the Office of the Attorney General and
 1477  the Office of Safe Schools within the Department of Education,
 1478  shall develop and provide a comprehensive training and awareness
 1479  program on the use of the mobile suspicious activity reporting
 1480  tool.
 1481         Section 20. Section 943.687, Florida Statutes, is created
 1482  to read:
 1483         943.687Marjory Stoneman Douglas High School Public Safety
 1484  Commission.—
 1485         (1) There is created within the Department of Law
 1486  Enforcement the Marjory Stoneman Douglas High School Public
 1487  Safety Commission, a commission as defined in s. 20.03.
 1488         (2)(a)The commission shall convene no later than June 1,
 1489  2018, and shall be composed of 16 members. Five members shall be
 1490  appointed by the President of the Senate, five members shall be
 1491  appointed by the Speaker of the House of Representatives, and
 1492  five members shall be appointed by the Governor. From the
 1493  members of the commission, the Governor shall appoint the chair.
 1494  Appointments must be made by April 30, 2018. The Commissioner of
 1495  the Department of Law Enforcement shall serve as a member of the
 1496  commission. The Secretary of Children and Families, the
 1497  Secretary of Juvenile Justice, the Secretary of Health Care
 1498  Administration, and the Commissioner of Education shall serve as
 1499  ex officio, nonvoting members of the commission. Members shall
 1500  serve at the pleasure of the officer who appointed the member. A
 1501  vacancy on the commission shall be filled in the same manner as
 1502  the original appointment.
 1503         (b) The General Counsel of the Department of Law
 1504  Enforcement shall serve as the general counsel for the
 1505  commission.
 1506         (c) The Department of Law Enforcement staff, as assigned by
 1507  the chair, shall assist the commission in performing its duties.
 1508         (d) The commission shall meet as necessary to conduct its
 1509  work at the call of the chair and at the time designated by him
 1510  or her at locations throughout the state. The commission may
 1511  conduct its meetings through teleconferences or other similar
 1512  means.
 1513         (e) Members of the commission are entitled to receive
 1514  reimbursement for per diem and travel expenses pursuant to s.
 1515  112.061.
 1516         (3) The commission shall investigate system failures in the
 1517  Marjory Stoneman Douglas High School shooting and prior mass
 1518  violence incidents in this state and develop recommendations for
 1519  system improvements. At a minimum, the commission shall analyze
 1520  information and evidence from the Marjory Stoneman Douglas High
 1521  School shooting and other mass violence incidents in this state.
 1522  At a minimum the commission shall:
 1523         (a) Develop a timeline of the incident, incident response,
 1524  and all relevant events preceding the incident, with particular
 1525  attention to all perpetrator contacts with local, state and
 1526  national government agencies and entities and any contract
 1527  providers of such agencies and entities.
 1528         (b) Investigate any failures in incident responses by local
 1529  law enforcement agencies and school resource officers.
 1530         1. Identify existing policies and procedures for active
 1531  assailant incidents on school premises and evaluate the
 1532  compliance with such policies and procedures in the execution of
 1533  incident responses.
 1534         2. Evaluate existing policies and procedures for active
 1535  assailant incidents on school premises in comparison with
 1536  national best practices.
 1537         3. Evaluate the extent to which any failures in policy,
 1538  procedure, or execution contributed to an inability to prevent
 1539  deaths and injuries.
 1540         4. Make specific recommendations for improving law
 1541  enforcement and school resource officer incident response in the
 1542  future.
 1543         5. Make specific recommendations for determining the
 1544  appropriate ratio of school resource officers per school by
 1545  school type. At a minimum, the methodology for determining the
 1546  ratio should include the school location, student population,
 1547  and school design.
 1548         (c) Investigate any failures in interactions with
 1549  perpetrators preceding mass violence incidents.
 1550         1. Identify the history of interactions between
 1551  perpetrators and governmental entities such as schools, law
 1552  enforcement agencies, courts and social service agencies, and
 1553  identify any failures to adequately communicate or coordinate
 1554  regarding indicators of risk or possible threats.
 1555         2. Evaluate the extent to which any such failures
 1556  contributed to an inability to prevent deaths and injuries.
 1557         3. Make specific recommendations for improving
 1558  communication and coordination among entities with knowledge of
 1559  indicators of risk or possible threats of mass violence in the
 1560  future.
 1561         4. Identify available state and local tools and resources
 1562  for enhancing communication and coordination regarding
 1563  indicators of risk or possible threats, including, but not
 1564  limited to, the Department of Law Enforcement Fusion Center or
 1565  Judicial Inquiry System, and make specific recommendations for
 1566  using such tools and resources more effectively in the future.
 1567         (4)The commission has the power to investigate. The
 1568  commission may delegate to its investigators the authority to
 1569  administer oaths and affirmations.
 1570         (5) The Commissioner of the Department of Law Enforcement
 1571  shall use his or her subpoena power to compel the attendance of
 1572  witnesses to testify before the commission. The Commissioner of
 1573  the Department of Law Enforcement shall use his or her subpoena
 1574  power to compel the production of any books, papers, records,
 1575  documentary evidence, and other items, including confidential
 1576  information, relevant to the performance of the duties of the
 1577  commission or to the exercise of its powers. The chair or any
 1578  other member of the commission may administer all oaths and
 1579  affirmations in the manner prescribed by law to witnesses who
 1580  appear before the commission for the purpose of testifying in
 1581  any matter of which the commission desires evidence. In the case
 1582  of a refusal to obey a subpoena, the commission may make
 1583  application to any circuit court of this state having
 1584  jurisdiction to order the witness to appear before the
 1585  commission and to produce evidence, if so ordered, or to give
 1586  testimony relevant to the matter in question. Failure to obey
 1587  the order may be punished by the court as contempt.
 1588         (6)The commission may call upon appropriate agencies of
 1589  state government for such professional assistance as may be
 1590  needed in the discharge of its duties, and such agencies shall
 1591  provide such assistance in a timely manner.
 1592         (7)Notwithstanding any other law, the commission may
 1593  request and shall be provided with access to any information or
 1594  records, including exempt or confidential and exempt information
 1595  or records, which pertain to the Marjory Stoneman Douglas High
 1596  School shooting and prior mass violence incidents in Florida
 1597  being reviewed by the commission and which are necessary for the
 1598  commission to carry out its duties. Information or records
 1599  obtained by the commission which are otherwise exempt or
 1600  confidential and exempt shall retain such exempt or confidential
 1601  and exempt status and the commission may not disclose any such
 1602  information or records.
 1603         (8)The commission shall submit an initial report on its
 1604  findings and recommendations to the Governor, President of the
 1605  Senate, and Speaker of the House of Representatives by January
 1606  1, 2019, and may issue reports annually thereafter. The
 1607  commission shall sunset July 1, 2023, and this section is
 1608  repealed on that date.
 1609         Section 21. Section 1001.212, Florida Statutes, is created
 1610  to read:
 1611         1001.212Office of Safe Schools.—There is created in the
 1612  Department of Education the Office of Safe Schools. The office
 1613  is fully accountable to the Commissioner of Education. The
 1614  office shall serve as a central repository for best practices,
 1615  training standards, and compliance oversight in all matters
 1616  regarding school safety and security, including prevention
 1617  efforts, intervention efforts, and emergency preparedness
 1618  planning. The office shall:
 1619         (1)Establish and update as necessary a school security
 1620  risk assessment tool for use by school districts pursuant to s.
 1621  1006.07(6). The office shall make the security risk assessment
 1622  tool available for use by charter schools.
 1623         (2)Provide ongoing professional development opportunities
 1624  to school district personnel.
 1625         (3)Provide a coordinated and interdisciplinary approach to
 1626  providing technical assistance and guidance to school districts
 1627  on safety and security and recommendations to address findings
 1628  identified pursuant to s. 1006.07(6).
 1629         (4)Develop and implement a School Safety Specialist
 1630  Training Program for school safety specialists appointed
 1631  pursuant to s. 1006.07(6). The office shall develop the training
 1632  program which shall be based on national and state best
 1633  practices on school safety and security and must include active
 1634  shooter training. The office shall develop training modules in
 1635  traditional or online formats. A school safety specialist
 1636  certificate of completion shall be awarded to a school safety
 1637  specialist who satisfactorily completes the training required by
 1638  rules of the office.
 1639         (5)Review and provide recommendations on the security risk
 1640  assessments. The department may contract with security
 1641  personnel, consulting engineers, architects, or other safety and
 1642  security experts the department deems necessary for safety and
 1643  security consultant services.
 1644         (6)Coordinate with the Department of Law Enforcement to
 1645  provide a centralized integrated data repository and data
 1646  analytics resources to improve access to timely, complete and
 1647  accurate information integrating data from, at a minimum, but
 1648  not limited to, the following data sources by December 1, 2018:
 1649         (a)Social Media;
 1650         (b)Department of Children and Families;
 1651         (c)Department of Law Enforcement;
 1652         (d)Department of Juvenile Justice; and
 1653         (e)Local law enforcement.
 1654         (7)Data that is exempt or confidential and exempt from
 1655  public records requirements retains its exempt or confidential
 1656  and exempt status when incorporated into the centralized
 1657  integrated data repository.
 1658         (8)To maintain the confidentiality requirements attached
 1659  to the information provided to the centralized integrated data
 1660  repository by the various state and local agencies, data
 1661  governance and security shall ensure compliance with all
 1662  applicable state and federal data privacy requirements through
 1663  the use of user authorization and role based security, data
 1664  anonymization and aggregation and auditing capabilities.
 1665         (9)To maintain the confidentiality requirements attached
 1666  to the information provided to the centralized integrated data
 1667  repository by the various state and local agencies, each source
 1668  agency providing data for the repository shall be the sole
 1669  custodian of the data for the purpose of any request for
 1670  inspection or copies thereof under ch. 119. The department shall
 1671  only allow access to data from the source agencies in accordance
 1672  with rules adopted by the respective source agencies.
 1673         (10)Award grants to schools to improve the safety and
 1674  security of school buildings based upon recommendations of the
 1675  security risk assessment developed pursuant to subsection (1).
 1676         (11)Disseminate, in consultation with the Department of
 1677  Law Enforcement, to participating schools awareness and
 1678  education materials on the School Safety Awareness Program
 1679  developed pursuant to s. 943.082.
 1680         Section 22. Paragraph (a) of subsection (10) of section
 1681  1002.32, Florida Statutes, is amended to read:
 1682         1002.32 Developmental research (laboratory) schools.—
 1683         (10) EXCEPTIONS TO LAW.—To encourage innovative practices
 1684  and facilitate the mission of the lab schools, in addition to
 1685  the exceptions to law specified in s. 1001.23(2), the following
 1686  exceptions shall be permitted for lab schools:
 1687         (a) The methods and requirements of the following statutes
 1688  shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
 1689  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
 1690  1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
 1691  1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
 1692  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
 1693  1001.49; 1001.50; 1001.51; 1006.12(2) 1006.12(1); 1006.21(3),
 1694  (4); 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
 1695  1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
 1696  1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
 1697  (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
 1698  1011.72; 1011.73; and 1011.74.
 1699         Section 23. Subsection (1) of section 1006.04, Florida
 1700  Statutes, is amended to read:
 1701         1006.04 Educational multiagency services for students with
 1702  severe emotional disturbance.—
 1703         (1)(a) The multiagency network for students with emotional
 1704  and behavioral disabilities works with education, mental health,
 1705  child welfare, and juvenile justice professionals, along with
 1706  other agencies and families, to provide children with mental
 1707  illness or emotional and behavioral problems and their families
 1708  with access to the services and supports they need to succeed An
 1709  intensive, integrated educational program; a continuum of mental
 1710  health treatment services; and, when needed, residential
 1711  services are necessary to enable students with severe emotional
 1712  disturbance to develop appropriate behaviors and demonstrate
 1713  academic and career education skills. The small incidence of
 1714  severe emotional disturbance in the total school population
 1715  requires multiagency programs to provide access to appropriate
 1716  services for all students with severe emotional disturbance.
 1717  District school boards should provide educational programs, and
 1718  state departments and agencies administering children’s mental
 1719  health funds should provide mental health treatment and
 1720  residential services when needed, as part of the forming a
 1721  multiagency network to provide support for students with severe
 1722  emotional disturbance.
 1723         (b) The purpose of the multiagency network is to: The
 1724  program goals for each component of the multiagency network are
 1725  to
 1726         1. Enable students with severe emotional disturbance to
 1727  learn appropriate behaviors, reduce dependency, and fully
 1728  participate in all aspects of school and community living.; to
 1729         2. Develop individual programs for students with severe
 1730  emotional disturbance, including necessary educational,
 1731  residential, and mental health treatment services.; to
 1732         3. Provide programs and services as close as possible to
 1733  the student’s home in the least restrictive manner consistent
 1734  with the student’s needs.; and to
 1735         4. Integrate a wide range of services necessary to support
 1736  students with severe emotional disturbance and their families.
 1737         (c)The multiagency network shall:
 1738         1.Support and represent the needs of students in each
 1739  school district in joint planning with fiscal agents of
 1740  children’s mental health funds, including the expansion of
 1741  school-based mental health services, transition services, and
 1742  integrated education and treatment programs.
 1743         2.Improve coordination of services for children with or at
 1744  risk of emotional or behavioral disabilities and their families
 1745  by assisting multi-agency collaborative initiatives to identify
 1746  critical issues and barriers of mutual concern and develop local
 1747  response systems that increase home and school connections and
 1748  family engagement.
 1749         3.Increase parent and youth involvement and development
 1750  with local systems of care.
 1751         4.Facilitate student and family access to effective
 1752  services and programs for students with and at risk of emotional
 1753  or behavioral disabilities that include necessary educational,
 1754  residential, and mental health treatment services, enabling
 1755  these students to learn appropriate behaviors, reduce
 1756  dependency, and fully participate in all aspects of school and
 1757  community living.
 1758         Section 24. Paragraph (b) of subsection (1), paragraphs (k)
 1759  through (m) of subsection (2), and subsections (3), (4), and (6)
 1760  of section 1006.07, Florida Statutes, are amended, and
 1761  subsections (7) and (8) are added to that section to read:
 1762         1006.07 District school board duties relating to student
 1763  discipline and school safety.—The district school board shall
 1764  provide for the proper accounting for all students, for the
 1765  attendance and control of students at school, and for proper
 1766  attention to health, safety, and other matters relating to the
 1767  welfare of students, including:
 1768         (1) CONTROL OF STUDENTS.—
 1769         (b) Require each student at the time of initial
 1770  registration for school in the school district to note previous
 1771  school expulsions, arrests resulting in a charge, and juvenile
 1772  justice actions, and referrals to mental health services the
 1773  student has had, and have the authority as the district school
 1774  board of a receiving school district to honor the final order of
 1775  expulsion or dismissal of a student by any in-state or out-of
 1776  state public district school board or private school, or lab
 1777  school, for an act which would have been grounds for expulsion
 1778  according to the receiving district school board’s code of
 1779  student conduct, in accordance with the following procedures:
 1780         1. A final order of expulsion shall be recorded in the
 1781  records of the receiving school district.
 1782         2. The expelled student applying for admission to the
 1783  receiving school district shall be advised of the final order of
 1784  expulsion.
 1785         3. The district school superintendent of the receiving
 1786  school district may recommend to the district school board that
 1787  the final order of expulsion be waived and the student be
 1788  admitted to the school district, or that the final order of
 1789  expulsion be honored and the student not be admitted to the
 1790  school district. If the student is admitted by the district
 1791  school board, with or without the recommendation of the district
 1792  school superintendent, the student may be placed in an
 1793  appropriate educational program and referred to mental health
 1794  services identified by the school district pursuant to s.
 1795  1012.584(4), when appropriate, at the direction of the district
 1796  school board.
 1797         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 1798  conduct for elementary schools and a code of student conduct for
 1799  middle and high schools and distribute the appropriate code to
 1800  all teachers, school personnel, students, and parents, at the
 1801  beginning of every school year. Each code shall be organized and
 1802  written in language that is understandable to students and
 1803  parents and shall be discussed at the beginning of every school
 1804  year in student classes, school advisory council meetings, and
 1805  parent and teacher association or organization meetings. Each
 1806  code shall be based on the rules governing student conduct and
 1807  discipline adopted by the district school board and shall be
 1808  made available in the student handbook or similar publication.
 1809  Each code shall include, but is not limited to:
 1810         (k) Policies to be followed for the assignment of violent
 1811  or disruptive students to an alternative educational program or
 1812  referral of such students to mental health services identified
 1813  by the school district pursuant to s. 1012.584(4).
 1814         (l) Notice that any student who is determined to have
 1815  brought a firearm or weapon, as defined in chapter 790, to
 1816  school, to any school function, or onto any school-sponsored
 1817  transportation, or to have possessed a firearm at school, will
 1818  be expelled, with or without continuing educational services,
 1819  from the student’s regular school for a period of not less than
 1820  1 full year and referred to mental health services identified by
 1821  the school district pursuant to s. 1012.584(4) and the criminal
 1822  justice or juvenile justice system. District school boards may
 1823  assign the student to a disciplinary program or second chance
 1824  school for the purpose of continuing educational services during
 1825  the period of expulsion. District school superintendents may
 1826  consider the 1-year expulsion requirement on a case-by-case
 1827  basis and request the district school board to modify the
 1828  requirement by assigning the student to a disciplinary program
 1829  or second chance school if the request for modification is in
 1830  writing and it is determined to be in the best interest of the
 1831  student and the school system.
 1832         (m) Notice that any student who is determined to have made
 1833  a threat or false report, as defined by ss. 790.162 and 790.163,
 1834  respectively, involving school or school personnel’s property,
 1835  school transportation, or a school-sponsored activity will be
 1836  expelled, with or without continuing educational services, from
 1837  the student’s regular school for a period of not less than 1
 1838  full year and referred for criminal prosecution and mental
 1839  health services identified by the school district pursuant to s.
 1840  1012.584(4) for evaluation or treatment, when appropriate.
 1841  District school boards may assign the student to a disciplinary
 1842  program or second chance school for the purpose of continuing
 1843  educational services during the period of expulsion. District
 1844  school superintendents may consider the 1-year expulsion
 1845  requirement on a case-by-case basis and request the district
 1846  school board to modify the requirement by assigning the student
 1847  to a disciplinary program or second chance school if it is
 1848  determined to be in the best interest of the student and the
 1849  school system.
 1850         (3) STUDENT CRIME WATCH PROGRAM.—By resolution of the
 1851  district school board, implement a student crime watch program
 1852  to promote responsibility among students and improve school
 1853  safety. The student crime watch program shall allow students and
 1854  the community to anonymously relay information concerning unsafe
 1855  and potentially harmful, dangerous, violent, or criminal
 1856  activities, or the threat of these activities, to appropriate
 1857  public safety agencies and school officials to assist in the
 1858  control of criminal behavior within the schools.
 1859         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1860         (a) Formulate and prescribe policies and procedures, in
 1861  consultation with the appropriate public safety agencies, for
 1862  emergency drills and for actual emergencies, including, but not
 1863  limited to, fires, natural disasters, active shooter and hostage
 1864  situations, and bomb threats, for all students and faculty at
 1865  all the public schools of the district comprised of which
 1866  comprise grades K-12. Drills for active shooter and hostage
 1867  situations shall be conducted at least as often as other
 1868  emergency drills. District school board policies shall include
 1869  commonly used alarm system responses for specific types of
 1870  emergencies and verification by each school that drills have
 1871  been provided as required by law and fire protection codes. The
 1872  emergency response policy shall identify the individuals
 1873  responsible for contacting the primary emergency response agency
 1874  and the emergency response agency that is responsible for
 1875  notifying the school district for each type of emergency must be
 1876  listed in the district’s emergency response policy.
 1877         (b) Establish model emergency management and emergency
 1878  preparedness procedures, including emergency notification
 1879  procedures pursuant to paragraph (a), for the following life
 1880  threatening emergencies:
 1881         1. Weapon-use, and hostage, and active shooter situations.
 1882  The active shooter situation training for each school must
 1883  engage the participation of the district school safety
 1884  specialist, threat assessment team members, faculty, staff, and
 1885  students and must be conducted by the law enforcement agency or
 1886  agencies that are designated as first responders to the school’s
 1887  campus.
 1888         2. Hazardous materials or toxic chemical spills.
 1889         3. Weather emergencies, including hurricanes, tornadoes,
 1890  and severe storms.
 1891         4. Exposure as a result of a manmade emergency.
 1892         (c)Establish a schedule to test the functionality and
 1893  coverage capacity of all emergency communication systems and
 1894  determine if adequate signal strength is available in all areas
 1895  of the school’s campus.
 1896         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
 1897  school superintendent shall establish policies and procedures
 1898  for the prevention of violence on school grounds, including the
 1899  assessment of and intervention with individuals whose behavior
 1900  poses a threat to the safety of the school community.
 1901         (a)Each district school superintendent shall designate a
 1902  school administrator as a school safety specialist for the
 1903  district. The school safety specialist must earn a certificate
 1904  of completion of the school safety specialist training provided
 1905  by the Office of Safe Schools within 1 year after appointment
 1906  and is responsible for the supervision and oversight for all
 1907  school safety and security personnel, policies, and procedures
 1908  in the school district. The school safety specialist shall:
 1909         1.Review policies and procedures for compliance with state
 1910  law and rules.
 1911         2.Provide the necessary training and resources to students
 1912  and school district staff in matters relating to youth mental
 1913  health awareness and assistance; emergency procedures, including
 1914  active shooter training; and school safety and security.
 1915         3.Serve as the school district liaison with local public
 1916  safety agencies and national, state, and community agencies and
 1917  organizations in matters of school safety and security.
 1918         4.Conduct a school security risk assessment in accordance
 1919  with s. 1006.1493 at each public school using the school
 1920  security risk assessment tool developed by the Office of Safe
 1921  Schools Use the Safety and Security Best Practices developed by
 1922  the Office of Program Policy Analysis and Government
 1923  Accountability to conduct a self-assessment of the school
 1924  districts’ current safety and security practices. Based on the
 1925  assessment these self-assessment findings, the district’s school
 1926  safety specialist district school superintendent shall provide
 1927  recommendations to the district school board which identify
 1928  strategies and activities that the district school board should
 1929  implement in order to improve school safety and security.
 1930  Annually, each district school board must receive such findings
 1931  and the school safety specialist’s recommendations the self
 1932  assessment results at a publicly noticed district school board
 1933  meeting to provide the public an opportunity to hear the
 1934  district school board members discuss and take action on the
 1935  report findings and recommendations. Each school safety
 1936  specialist district school superintendent shall report such
 1937  findings the self-assessment results and school board action to
 1938  the Office of Safe Schools commissioner within 30 days after the
 1939  district school board meeting.
 1940         (b)Each school safety specialist shall coordinate with the
 1941  appropriate public safety agencies, as defined in s. 365.171,
 1942  that are designated as first responders to a school’s campus to
 1943  conduct a tour of such campus once every 3 years and provide
 1944  recommendations related to school safety. The recommendations by
 1945  the public safety agencies must be considered as part of the
 1946  recommendations by the school safety specialist pursuant to
 1947  paragraph (a).
 1948         (7)THREAT ASSESSMENT TEAMS.—Each district school board
 1949  shall adopt policies for the establishment of threat assessment
 1950  teams at each school whose duties include the coordination of
 1951  resources and assessment and intervention with individuals whose
 1952  behavior may pose a threat to the safety of school staff or
 1953  students consistent with the model policies developed by the
 1954  Office of Safe Schools. Such policies shall include procedures
 1955  for referrals to mental health services identified by the school
 1956  district pursuant to s. 1012.584(4), when appropriate.
 1957         (a)A threat assessment team shall include persons with
 1958  expertise in counseling, instruction, school administration, and
 1959  law enforcement. The threat assessment teams shall identify
 1960  members of the school community to whom threatening behavior
 1961  should be reported and provide guidance to students, faculty,
 1962  and staff regarding recognition of threatening or aberrant
 1963  behavior that may represent a threat to the community, school,
 1964  or self.
 1965         (b)Upon a preliminary determination that a student poses a
 1966  threat of violence or physical harm to himself or herself or
 1967  others, a threat assessment team shall immediately report its
 1968  determination to the superintendent or his or her designee. The
 1969  superintendent or his or her designee shall immediately attempt
 1970  to notify the student’s parent or legal guardian. Nothing in
 1971  this subsection shall preclude school district personnel from
 1972  acting immediately to address an imminent threat.
 1973         (c)Upon a preliminary determination by the threat
 1974  assessment team that a student poses a threat of violence to
 1975  himself or herself or others or exhibits significantly
 1976  disruptive behavior or need for assistance, the threat
 1977  assessment team may obtain criminal history record information,
 1978  as provided in s. 985.047. A member of a threat assessment team
 1979  may not disclose any criminal history record information
 1980  obtained pursuant to this section or otherwise use any record of
 1981  an individual beyond the purpose for which such disclosure was
 1982  made to the threat assessment team.
 1983         (d)Notwithstanding any other provision of law, all state
 1984  and local agencies and programs that provide services to
 1985  students experiencing or at risk of an emotional disturbance or
 1986  a mental illness, including the school districts, school
 1987  personnel, state and local law enforcement agencies, the
 1988  Department of Juvenile Justice, the Department of Children and
 1989  Families, the Department of Health, the Agency for Health Care
 1990  Administration, the Agency for Persons with Disabilities, the
 1991  Department of Education, the Statewide Guardian Ad Litem Office,
 1992  and any service or support provider contracting with such
 1993  agencies, may share with each other records or information that
 1994  are confidential or exempt from disclosure under chapter 119 if
 1995  the records or information are reasonably necessary to ensure
 1996  access to appropriate services for the student or to ensure the
 1997  safety of the student or others. All such state and local
 1998  agencies and programs shall communicate, collaborate, and
 1999  coordinate efforts to serve such students.
 2000         (e)If an immediate mental health or substance abuse crisis
 2001  is suspected, school personnel shall follow policies established
 2002  by the threat assessment team to engage behavioral health crisis
 2003  resources. Behavioral health crisis resources, including, but
 2004  not limited to, mobile crisis teams and school resource officers
 2005  trained in crisis intervention, shall provide emergency
 2006  intervention and assessment, make recommendations, and refer the
 2007  student for appropriate services. Onsite school personnel shall
 2008  report all such situations and actions taken to the threat
 2009  assessment team, which shall contact the other agencies involved
 2010  with the student and any known service providers to share
 2011  information and coordinate any necessary followup actions.
 2012         (f)Each threat assessment team established pursuant to
 2013  this subsection shall report quantitative data on its activities
 2014  to the Office of Safe Schools in accordance with guidance from
 2015  the office.
 2016         (8) SAFETY IN CONSTRUCTION PLANNING.—A district school
 2017  board must allow the law enforcement agency or agencies that are
 2018  designated as first responders to the district’s campus and
 2019  school’s campuses to tour such campuses once every 3 years. Any
 2020  changes related to school safety and emergency issues
 2021  recommended by a law enforcement agency based on a campus tour
 2022  must be documented by the district school board.
 2023         Section 25. Subsection (2) of section 1006.08, Florida
 2024  Statutes, is amended to read:
 2025         1006.08 District school superintendent duties relating to
 2026  student discipline and school safety.—
 2027         (2) Notwithstanding the provisions of s. 985.04(7) or any
 2028  other provision of law to the contrary, the court shall, within
 2029  48 hours of the finding, notify the appropriate district school
 2030  superintendent of the name and address of any student found to
 2031  have committed a delinquent act, or who has had adjudication of
 2032  a delinquent act withheld which, if committed by an adult, would
 2033  be a felony, or the name and address of any student found guilty
 2034  of a felony, or the name and address of any student the court
 2035  refers to mental health services. Notification shall include the
 2036  specific delinquent act found to have been committed or for
 2037  which adjudication was withheld, or the specific felony for
 2038  which the student was found guilty.
 2039         Section 26. Section 1006.12, Florida Statutes, is amended
 2040  to read:
 2041         1006.12 Safe-school school resource officers at each public
 2042  school and school safety officers.—For the protection and safety
 2043  of school personnel, property, students, and visitors, each
 2044  district school board and school district superintendent shall
 2045  partner with law enforcement agencies to establish or assign one
 2046  or more safe-school officers at each school facility within the
 2047  district by implementing any combination of the following
 2048  options which best meets the needs of the school district:
 2049         (1) District school boards may Establish school resource
 2050  officer programs, through a cooperative agreement with law
 2051  enforcement agencies or in accordance with subsection (2).
 2052         (a) School resource officers shall undergo criminal
 2053  background checks, drug testing, and a psychological evaluation
 2054  and be certified law enforcement officers, as defined in s.
 2055  943.10(1), who are employed by a law enforcement agency as
 2056  defined in s. 943.10(4). The powers and duties of a law
 2057  enforcement officer shall continue throughout the employee’s
 2058  tenure as a school resource officer.
 2059         (b) School resource officers shall abide by district school
 2060  board policies and shall consult with and coordinate activities
 2061  through the school principal, but shall be responsible to the
 2062  law enforcement agency in all matters relating to employment,
 2063  subject to agreements between a district school board and a law
 2064  enforcement agency. Activities conducted by the school resource
 2065  officer which are part of the regular instructional program of
 2066  the school shall be under the direction of the school principal.
 2067         (c) Complete mental health crisis intervention training
 2068  using a curriculum developed by a national organization with
 2069  expertise in mental health crisis intervention. The training
 2070  shall improve officers’ knowledge and skills as first responders
 2071  to incidents involving students with emotional disturbance or
 2072  mental illness, including de-escalation skills to ensure student
 2073  and officer safety.
 2074         (2) Commission one or more school safety officers for the
 2075  protection and safety of school personnel, property, and
 2076  students within the school district. The district school
 2077  superintendent may recommend, and the district school board may
 2078  appoint, one or more school safety officers.
 2079         (2)(a) School safety officers shall undergo criminal
 2080  background checks, drug testing, and a psychological evaluation
 2081  and be law enforcement officers, as defined in s. 943.10(1),
 2082  certified under the provisions of chapter 943 and employed by
 2083  either a law enforcement agency or by the district school board.
 2084  If the officer is employed by the district school board, the
 2085  district school board is the employing agency for purposes of
 2086  chapter 943, and must comply with the provisions of that
 2087  chapter.
 2088         (b) A district school board may commission one or more
 2089  school safety officers for the protection and safety of school
 2090  personnel, property, and students within the school district.
 2091  The district school superintendent may recommend and the
 2092  district school board may appoint one or more school safety
 2093  officers.
 2094         (b)(c) A school safety officer has and shall exercise the
 2095  power to make arrests for violations of law on district school
 2096  board property and to arrest persons, whether on or off such
 2097  property, who violate any law on such property under the same
 2098  conditions that deputy sheriffs are authorized to make arrests.
 2099  A school safety officer has the authority to carry weapons when
 2100  performing his or her official duties.
 2101         (c)(d) A district school board may enter into mutual aid
 2102  agreements with one or more law enforcement agencies as provided
 2103  in chapter 23. A school safety officer’s salary may be paid
 2104  jointly by the district school board and the law enforcement
 2105  agency, as mutually agreed to.
 2106         (3) At the school district’s discretion, participate in the
 2107  school marshal program if such program is established pursuant
 2108  to s. 30.15, to meet the requirement of establishing a safe
 2109  school officer.
 2110         Section 27. Subsection (1), paragraph (c) of subsection
 2111  (4), and subsection (8) of section 1006.13, Florida Statutes,
 2112  are amended, and paragraph (f) is added to subsection (2) of
 2113  that section, to read:
 2114         1006.13 Policy of zero tolerance for crime and
 2115  victimization.—
 2116         (1) District school boards shall It is the intent of the
 2117  Legislature to promote a safe and supportive learning
 2118  environment in schools by protecting, to protect students and
 2119  staff from conduct that poses a serious threat to school safety.
 2120  A threat assessment team may, and to encourage schools to use
 2121  alternatives to expulsion or referral to law enforcement
 2122  agencies to address by addressing disruptive behavior through
 2123  restitution, civil citation, teen court, neighborhood
 2124  restorative justice, or similar programs. Zero-tolerance The
 2125  Legislature finds that zero-tolerance policies may are not
 2126  intended to be rigorously applied to petty acts of misconduct
 2127  and misdemeanors, including, but not limited to, minor fights or
 2128  disturbances. Zero-tolerance policies The Legislature finds that
 2129  zero-tolerance policies must apply equally to all students
 2130  regardless of their economic status, race, or disability.
 2131         (2) Each district school board shall adopt a policy of zero
 2132  tolerance that:
 2133         (f)Requires the threat assessment team to consult with law
 2134  enforcement when a student exhibits a pattern of behavior, based
 2135  upon previous acts or the severity of an act, that would pose a
 2136  threat to school safety.
 2137         (4)
 2138         (c) Zero-tolerance policies do not require the reporting of
 2139  petty acts of misconduct and misdemeanors to a law enforcement
 2140  agency, including, but not limited to, disorderly conduct,
 2141  disrupting a school function, simple assault or battery, affray,
 2142  theft of less than $300, trespassing, and vandalism of less than
 2143  $1,000. However, if a student commits more than one misdemeanor,
 2144  the threat assessment team must consult with law enforcement to
 2145  determine if the act should be reported to law enforcement.
 2146         (8) A threat assessment team may School districts are
 2147  encouraged to use alternatives to expulsion or referral to law
 2148  enforcement agencies unless the use of such alternatives will
 2149  pose a threat to school safety.
 2150         Section 28. Section 1006.1493, Florida Statutes, is created
 2151  to read:
 2152         1006.1493Florida Safe Schools Assessment Tool.—
 2153         (1) The department through the Office of Safe Schools
 2154  pursuant s. 1001.212 shall contract with a security consulting
 2155  firm that specializes in the development of risk assessment
 2156  software solutions and has experience in conducting security
 2157  assessments of public facilities to develop, update, and
 2158  implement a risk assessment tool, which shall be known as the
 2159  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
 2160  used by school officials at each school district and public
 2161  school site in the state in conducting security assessments for
 2162  use by school officials at each school district and public
 2163  school site in the state.
 2164         (2) The FSSAT must help school officials identify threats,
 2165  vulnerabilities, and appropriate safety controls for the schools
 2166  that they supervise, pursuant to the security risk assessment
 2167  requirements of s. 1006.07(6).
 2168         (a) At a minimum, the FSSAT must address all of the
 2169  following components:
 2170         1. School emergency and crisis preparedness planning;
 2171         2. Security, crime, and violence prevention policies and
 2172  procedures;
 2173         3. Physical security measures;
 2174         4. Professional development training needs;
 2175         5. An examination of support service roles in school
 2176  safety, security, and emergency planning;
 2177         6. School security and school police staffing, operational
 2178  practices, and related services;
 2179         7. School and community collaboration on school safety; and
 2180         8. A return on investment analysis of the recommended
 2181  physical security controls.
 2182         (b) The department shall require by contract that the
 2183  security consulting firm:
 2184         1. Generate written automated reports on assessment
 2185  findings for review by the department and school and district
 2186  officials;
 2187         2. Provide training to the department and school officials
 2188  in the use of the FSSAT and other areas of importance identified
 2189  by the department; and
 2190         3. Advise in the development and implementation of
 2191  templates, formats, guidance, and other resources necessary to
 2192  facilitate the implementation of this section at state,
 2193  district, school, and local levels.
 2194         (3) By December 1, 2018, and annually by that date
 2195  thereafter, the department must report to the Governor, the
 2196  President of the Senate, and the Speaker of the House of
 2197  Representatives on the status of implementation across school
 2198  districts and schools. The report must include a summary of the
 2199  positive school safety measures in place at the time of the
 2200  assessment and any recommendations for policy changes or funding
 2201  needed to facilitate continued school safety planning,
 2202  improvement, and response at the state, district, or school
 2203  levels.
 2204         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
 2205  and information related to security risk assessments
 2206  administered pursuant to this section and s. 1006.07(6) and the
 2207  security information contained in the annual report required
 2208  pursuant to subsection (3) are confidential and exempt from
 2209  public records requirements.
 2210         Section 29. Subsections (16) and (17) of section 1011.62,
 2211  Florida Statutes, are redesignated as subsections (17) and (18),
 2212  respectively, paragraph (a) of subsection (4), paragraph (b) of
 2213  subsection (6), subsection (14), and subsection (15) of that
 2214  section are amended, and a new subsection (16) is added to that
 2215  section, to read:
 2216         1011.62 Funds for operation of schools.—If the annual
 2217  allocation from the Florida Education Finance Program to each
 2218  district for operation of schools is not determined in the
 2219  annual appropriations act or the substantive bill implementing
 2220  the annual appropriations act, it shall be determined as
 2221  follows:
 2222         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 2223  Legislature shall prescribe the aggregate required local effort
 2224  for all school districts collectively as an item in the General
 2225  Appropriations Act for each fiscal year. The amount that each
 2226  district shall provide annually toward the cost of the Florida
 2227  Education Finance Program for kindergarten through grade 12
 2228  programs shall be calculated as follows:
 2229         (a) Estimated taxable value calculations.—
 2230         1.a. Not later than 2 working days before July 19, the
 2231  Department of Revenue shall certify to the Commissioner of
 2232  Education its most recent estimate of the taxable value for
 2233  school purposes in each school district and the total for all
 2234  school districts in the state for the current calendar year
 2235  based on the latest available data obtained from the local
 2236  property appraisers. The value certified shall be the taxable
 2237  value for school purposes for that year, and no further
 2238  adjustments shall be made, except those made pursuant to
 2239  paragraphs (c) and (d), or an assessment roll change required by
 2240  final judicial decisions as specified in paragraph (17)(b)
 2241  (16)(b). Not later than July 19, the Commissioner of Education
 2242  shall compute a millage rate, rounded to the next highest one
 2243  one-thousandth of a mill, which, when applied to 96 percent of
 2244  the estimated state total taxable value for school purposes,
 2245  would generate the prescribed aggregate required local effort
 2246  for that year for all districts. The Commissioner of Education
 2247  shall certify to each district school board the millage rate,
 2248  computed as prescribed in this subparagraph, as the minimum
 2249  millage rate necessary to provide the district required local
 2250  effort for that year.
 2251         b. The General Appropriations Act shall direct the
 2252  computation of the statewide adjusted aggregate amount for
 2253  required local effort for all school districts collectively from
 2254  ad valorem taxes to ensure that no school district’s revenue
 2255  from required local effort millage will produce more than 90
 2256  percent of the district’s total Florida Education Finance
 2257  Program calculation as calculated and adopted by the
 2258  Legislature, and the adjustment of the required local effort
 2259  millage rate of each district that produces more than 90 percent
 2260  of its total Florida Education Finance Program entitlement to a
 2261  level that will produce only 90 percent of its total Florida
 2262  Education Finance Program entitlement in the July calculation.
 2263         2. On the same date as the certification in sub
 2264  subparagraph 1.a., the Department of Revenue shall certify to
 2265  the Commissioner of Education for each district:
 2266         a. Each year for which the property appraiser has certified
 2267  the taxable value pursuant to s. 193.122(2) or (3), if
 2268  applicable, since the prior certification under sub-subparagraph
 2269  1.a.
 2270         b. For each year identified in sub-subparagraph a., the
 2271  taxable value certified by the appraiser pursuant to s.
 2272  193.122(2) or (3), if applicable, since the prior certification
 2273  under sub-subparagraph 1.a. This is the certification that
 2274  reflects all final administrative actions of the value
 2275  adjustment board.
 2276         (6) CATEGORICAL FUNDS.—
 2277         (b) If a district school board finds and declares in a
 2278  resolution adopted at a regular meeting of the school board that
 2279  the funds received for any of the following categorical
 2280  appropriations are urgently needed to maintain school board
 2281  specified academic classroom instruction or improve school
 2282  safety, the school board may consider and approve an amendment
 2283  to the school district operating budget transferring the
 2284  identified amount of the categorical funds to the appropriate
 2285  account for expenditure:
 2286         1. Funds for student transportation.
 2287         2.Funds for safe schools.
 2288         2.3. Funds for supplemental academic instruction if the
 2289  required additional hour of instruction beyond the normal school
 2290  day for each day of the entire school year has been provided for
 2291  the students in each low-performing elementary school in the
 2292  district pursuant to paragraph (1)(f).
 2293         3.4. Funds for research-based reading instruction if the
 2294  required additional hour of instruction beyond the normal school
 2295  day for each day of the entire school year has been provided for
 2296  the students in each low-performing elementary school in the
 2297  district pursuant to paragraph (9)(a).
 2298         4.5. Funds for instructional materials if all instructional
 2299  material purchases necessary to provide updated materials that
 2300  are aligned with applicable state standards and course
 2301  descriptions and that meet statutory requirements of content and
 2302  learning have been completed for that fiscal year, but no sooner
 2303  than March 1. Funds available after March 1 may be used to
 2304  purchase hardware for student instruction.
 2305         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 2306  annually in the General Appropriations Act determine a
 2307  percentage increase in funds per K-12 unweighted FTE as a
 2308  minimum guarantee to each school district. The guarantee shall
 2309  be calculated from prior year base funding per unweighted FTE
 2310  student which shall include the adjusted FTE dollars as provided
 2311  in subsection (17) (16), quality guarantee funds, and actual
 2312  nonvoted discretionary local effort from taxes. From the base
 2313  funding per unweighted FTE, the increase shall be calculated for
 2314  the current year. The current year funds from which the
 2315  guarantee shall be determined shall include the adjusted FTE
 2316  dollars as provided in subsection (17) (16) and potential
 2317  nonvoted discretionary local effort from taxes. A comparison of
 2318  current year funds per unweighted FTE to prior year funds per
 2319  unweighted FTE shall be computed. For those school districts
 2320  which have less than the legislatively assigned percentage
 2321  increase, funds shall be provided to guarantee the assigned
 2322  percentage increase in funds per unweighted FTE student. Should
 2323  appropriated funds be less than the sum of this calculated
 2324  amount for all districts, the commissioner shall prorate each
 2325  district’s allocation. This provision shall be implemented to
 2326  the extent specifically funded.
 2327         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 2328  created to provide funding to assist school districts in their
 2329  compliance with s. 1006.07 ss. 1006.07-1006.148, with priority
 2330  given to implementing the district’s establishing a school
 2331  resource officer program pursuant to s. 1006.12. Each school
 2332  district shall receive a minimum safe schools allocation in an
 2333  amount provided in the General Appropriations Act. Of the
 2334  remaining balance of the safe schools allocation, two-thirds
 2335  shall be allocated to school districts based on the most recent
 2336  official Florida Crime Index provided by the Department of Law
 2337  Enforcement and one-third shall be allocated based on each
 2338  school district’s proportionate share of the state’s total
 2339  unweighted full-time equivalent student enrollment. Any
 2340  additional funds appropriated to this allocation in the 2018
 2341  2019 fiscal year to the school resource officer program
 2342  established pursuant to s. 1006.12 shall be used exclusively for
 2343  employing or contracting for school resource officers, which
 2344  shall be in addition to the number of officers employed or
 2345  contracted for in the 2017-2018 fiscal year.
 2346         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 2347  assistance allocation is created to provide funding to assist
 2348  school districts in establishing or expanding school-based
 2349  mental health care. These funds shall be allocated annually in
 2350  the General Appropriations Act or other law to each eligible
 2351  school district. Each school district shall receive a minimum of
 2352  $100,000 with the remaining balance allocated based on each
 2353  school district’s proportionate share of the state’s total
 2354  unweighted full-time equivalent student enrollment. Eligible
 2355  charter schools are entitled to a proportionate share of
 2356  district funding. At least 90 percent of a district’s allocation
 2357  must be expended on the elements specified in subparagraphs
 2358  (b)1. and 2. The allocated funds may not supplant funds that are
 2359  provided for this purpose from other operating funds and may not
 2360  be used to increase salaries or provide bonuses. School
 2361  districts are encouraged to maximize third party health
 2362  insurance benefits and Medicaid claiming for services, where
 2363  appropriate.
 2364         (a)Before the distribution of the allocation:
 2365         1.The school district must develop and submit a detailed
 2366  plan outlining the local program and planned expenditures to the
 2367  district school board for approval.
 2368         2.A charter school must develop and submit a detailed plan
 2369  outlining the local program and planned expenditures to its
 2370  governing body for approval. After the plan is approved by the
 2371  governing body, it must be provided to the charter school’s
 2372  sponsor.
 2373         (b) The plans required under paragraph (a) must be focused
 2374  on delivering evidence-based mental health care treatment to
 2375  children and include the following elements:
 2376         1.Provision of mental health assessment, diagnosis,
 2377  intervention, treatment, and recovery services to students with
 2378  one or more mental health or co-occurring substance abuse
 2379  diagnoses and students at high risk of such diagnoses.
 2380         2.Coordination of such services with a student’s primary
 2381  care provider and with other mental health providers involved in
 2382  the student’s care.
 2383         3.Direct employment of such service providers, or a
 2384  contract-based collaborative effort or partnership with one or
 2385  more local community mental health programs, agencies, or
 2386  providers.
 2387         (c) School districts shall submit approved plans, including
 2388  approved plans of each charter school in the district, to the
 2389  commissioner by August 1 of each fiscal year.
 2390         (d)Beginning September 30, 2019, and annually by September
 2391  30 thereafter, each school district shall submit to the
 2392  Department of Education a report on its program outcomes and
 2393  expenditures for the previous fiscal year that, at a minimum,
 2394  must include the number of each of the following:
 2395         1.Students who receive screenings or assessments.
 2396         2.Students who are referred for services or assistance.
 2397         3.Students who receive services or assistance.
 2398         4.Direct employment service providers employed by each
 2399  school district.
 2400         5.Contract-based collaborative efforts or partnerships
 2401  with community mental health programs, agencies, or providers.
 2402         Section 30. Section 1012.584, Florida Statutes, is created
 2403  to read:
 2404         1012.584Continuing education and inservice training for
 2405  youth mental health awareness and assistance.—
 2406         (1)Beginning with the 2018-2019 school year, the
 2407  Department of Education shall establish an evidence-based youth
 2408  mental health awareness and assistance training program to help
 2409  school personnel identify and understand the signs of emotional
 2410  disturbance, mental illness, and substance use disorders and
 2411  provide such personnel with the skills to help a person who is
 2412  developing or experiencing an emotional disturbance, mental
 2413  health, or substance use problem.
 2414         (2)The Department of Education shall select a national
 2415  authority on youth mental health awareness and assistance to
 2416  facilitate providing youth mental health awareness and
 2417  assistance training, using a trainer certification model, to all
 2418  school personnel in elementary, middle, and high schools. Each
 2419  school safety specialist shall earn, or designate one or more
 2420  individuals to earn, certification as a youth mental health
 2421  awareness and assistance trainer. The school safety specialist
 2422  shall ensure that all school personnel within his or her school
 2423  district receive youth mental health awareness and assistance
 2424  training.
 2425         (3)The training program shall include, but is not limited
 2426  to:
 2427         (a)An overview of mental illnesses and substance use
 2428  disorders and the need to reduce the stigma of mental illness.
 2429         (b)Information on the potential risk factors and warning
 2430  signs of emotional disturbance, mental illness, or substance use
 2431  disorders, including, but not limited to, depression, anxiety,
 2432  psychosis, eating disorders, and self-injury, as well as common
 2433  treatments for those conditions and how to assess those risks.
 2434         (c)Information on how to engage at-risk students with the
 2435  skills, resources, and knowledge required to assess the
 2436  situation, and how to identify and encourage the student to use
 2437  appropriate professional help and other support strategies,
 2438  including, but not limited to, peer, social, or self-help care.
 2439         (4)Each school district shall notify all school personnel
 2440  who have received training pursuant to this section of mental
 2441  health services that are available in the school district, and
 2442  the individual to contact if a student needs services. The term
 2443  “mental health services” includes, but is not limited to,
 2444  community mental health services, health care providers, and
 2445  services provided under ss. 1006.04 and 1011.62(17).
 2446         Section 31. Subsection (6) of section 1013.64, Florida
 2447  Statutes, is amended to read:
 2448         1013.64 Funds for comprehensive educational plant needs;
 2449  construction cost maximums for school district capital
 2450  projects.—Allocations from the Public Education Capital Outlay
 2451  and Debt Service Trust Fund to the various boards for capital
 2452  outlay projects shall be determined as follows:
 2453         (6)(a) Each district school board must meet all educational
 2454  plant space needs of its elementary, middle, and high schools
 2455  before spending funds from the Public Education Capital Outlay
 2456  and Debt Service Trust Fund or the School District and Community
 2457  College District Capital Outlay and Debt Service Trust Fund for
 2458  any ancillary plant or any other new construction, renovation,
 2459  or remodeling of ancillary space. Expenditures to meet such
 2460  space needs may include expenditures for site acquisition; new
 2461  construction of educational plants; renovation, remodeling, and
 2462  maintenance and repair of existing educational plants, including
 2463  auxiliary facilities; and the directly related costs of such
 2464  services of school district personnel. It is not the intent of
 2465  the Legislature to preclude the use of capital outlay funding
 2466  for the labor costs necessary to accomplish the authorized uses
 2467  for the capital outlay funding. Day-labor contracts or any other
 2468  educational facilities contracting and construction techniques
 2469  pursuant to s. 1013.45 are authorized. Additionally, if a school
 2470  district has salaried maintenance staff whose duties consist
 2471  solely of performing the labor necessary to accomplish the
 2472  authorized uses for the capital outlay funding, such funding may
 2473  be used for those salaries; however, if a school district has
 2474  salaried staff whose duties consist partially of performing the
 2475  labor necessary to accomplish the authorized uses for the
 2476  capital outlay funding, the district shall prorate the portion
 2477  of salary of each such employee that is based on labor for
 2478  authorized capital outlay funding, and such funding may be used
 2479  to pay that portion.
 2480         (b)1. A district school board may not use funds from the
 2481  following sources: Public Education Capital Outlay and Debt
 2482  Service Trust Fund; School District and Community College
 2483  District Capital Outlay and Debt Service Trust Fund; Classrooms
 2484  First Program funds provided in s. 1013.68; nonvoted 1.5-mill
 2485  levy of ad valorem property taxes provided in s. 1011.71(2);
 2486  Classrooms for Kids Program funds provided in s. 1013.735;
 2487  District Effort Recognition Program funds provided in s.
 2488  1013.736; or High Growth District Capital Outlay Assistance
 2489  Grant Program funds provided in s. 1013.738 for any new
 2490  construction of educational plant space with a total cost per
 2491  student station, including change orders, that equals more than:
 2492         a. $17,952 for an elementary school,
 2493         b. $19,386 for a middle school, or
 2494         c. $25,181 for a high school,
 2495  
 2496  (January 2006) as adjusted annually to reflect increases or
 2497  decreases in the Consumer Price Index.
 2498         2. School districts shall maintain accurate documentation
 2499  related to the costs of all new construction of educational
 2500  plant space reported to the Department of Education pursuant to
 2501  paragraph (d). The Auditor General shall review the
 2502  documentation maintained by the school districts and verify
 2503  compliance with the limits under this paragraph during its
 2504  scheduled operational audits of the school district. The
 2505  department shall make the final determination on district
 2506  compliance based on the recommendation of the Auditor General.
 2507         3. The Office of Economic and Demographic Research, in
 2508  consultation with the department, shall conduct a study of the
 2509  cost per student station amounts using the most recent available
 2510  information on construction costs. In this study, the costs per
 2511  student station should represent the costs of classroom
 2512  construction and administrative offices as well as the
 2513  supplemental costs of core facilities, including required media
 2514  centers, gymnasiums, music rooms, cafeterias and their
 2515  associated kitchens and food service areas, vocational areas,
 2516  and other defined specialty areas, including exceptional student
 2517  education areas. The study must take into account appropriate
 2518  cost-effectiveness factors in school construction and should
 2519  include input from industry experts. The Office of Economic and
 2520  Demographic Research must provide the results of the study and
 2521  recommendations on the cost per student station to the Governor,
 2522  the President of the Senate, and the Speaker of the House of
 2523  Representatives no later than January 31, 2017.
 2524         4. The Office of Program Policy Analysis and Government
 2525  Accountability (OPPAGA) shall conduct a study of the State
 2526  Requirements for Education Facilities (SREF) to identify current
 2527  requirements that can be eliminated or modified in order to
 2528  decrease the cost of construction of educational facilities
 2529  while ensuring student safety. OPPAGA must provide the results
 2530  of the study, and an overall recommendation as to whether SREF
 2531  should be retained, to the Governor, the President of the
 2532  Senate, and the Speaker of the House of Representatives no later
 2533  than January 31, 2017.
 2534         5. Effective July 1, 2017, in addition to the funding
 2535  sources listed in subparagraph 1., a district school board may
 2536  not use funds from any sources for new construction of
 2537  educational plant space with a total cost per student station,
 2538  including change orders, which equals more than the current
 2539  adjusted amounts provided in sub-subparagraphs 1.a.-c. which
 2540  shall subsequently be adjusted annually to reflect increases or
 2541  decreases in the Consumer Price Index. However, if a contract
 2542  has been executed for architectural and design services or for
 2543  construction management services before July 1, 2017, a district
 2544  school board may use funds from any source for the new
 2545  construction of educational plant space and such funds are
 2546  exempt from the total cost per student station requirements.
 2547         6. A district school board must not use funds from the
 2548  Public Education Capital Outlay and Debt Service Trust Fund or
 2549  the School District and Community College District Capital
 2550  Outlay and Debt Service Trust Fund for any new construction of
 2551  an ancillary plant that exceeds 70 percent of the average cost
 2552  per square foot of new construction for all schools.
 2553         (c) Except as otherwise provided, new construction for
 2554  which a contract has been executed for architectural and design
 2555  services or for construction management services by a district
 2556  school board on or after July 1, 2017, may not exceed the cost
 2557  per student station as provided in paragraph (b). A school
 2558  district that exceeds the cost per student station provided in
 2559  paragraph (b), as determined by the Auditor General, shall be
 2560  subject to sanctions. If the Auditor General determines that the
 2561  cost per student station overage is de minimus or due to
 2562  extraordinary circumstances outside the control of the district,
 2563  the sanctions shall not apply. The sanctions are as follows:
 2564         1. The school district shall be ineligible for allocations
 2565  from the Public Education Capital Outlay and Debt Service Trust
 2566  Fund for the next 3 years in which the school district would
 2567  have received allocations had the violation not occurred.
 2568         2. The school district shall be subject to the supervision
 2569  of a district capital outlay oversight committee. The oversight
 2570  committee is authorized to approve all capital outlay
 2571  expenditures of the school district, including new construction,
 2572  renovations, and remodeling, for 3 fiscal years following the
 2573  violation.
 2574         a. Each oversight committee shall be composed of the
 2575  following:
 2576         (I) One appointee of the Commissioner of Education who has
 2577  significant financial management, school facilities
 2578  construction, or related experience.
 2579         (II) One appointee of the office of the state attorney with
 2580  jurisdiction over the district.
 2581         (III) One appointee of the Chief Financial Officer who is a
 2582  licensed certified public accountant.
 2583         b. An appointee to the oversight committee may not be
 2584  employed by the school district; be a relative, as defined in s.
 2585  1002.33(24)(a)2., of any school district employee; or be an
 2586  elected official. Each appointee must sign an affidavit
 2587  attesting to these conditions and affirming that no conflict of
 2588  interest exists in his or her oversight role.
 2589         (d) The department shall:
 2590         1. Compute for each calendar year the statewide average
 2591  construction costs for facilities serving each instructional
 2592  level, for relocatable educational facilities, for
 2593  administrative facilities, and for other ancillary and auxiliary
 2594  facilities. The department shall compute the statewide average
 2595  costs per student station for each instructional level.
 2596         2. Annually review the actual completed construction costs
 2597  of educational facilities in each school district. For any
 2598  school district in which the total actual cost per student
 2599  station, including change orders, exceeds the statewide limits
 2600  established in paragraph (b), the school district shall report
 2601  to the department the actual cost per student station and the
 2602  reason for the school district’s inability to adhere to the
 2603  limits established in paragraph (b). The department shall
 2604  collect all such reports and shall provide these reports to the
 2605  Auditor General for verification purposes.
 2606  
 2607  Cost per student station includes contract costs, legal and
 2608  administrative costs, fees of architects and engineers,
 2609  furniture and equipment, and site improvement costs. Cost per
 2610  student station does not include the cost of purchasing or
 2611  leasing the site for the construction or the cost of related
 2612  offsite improvements. Cost per student station also does not
 2613  include the cost for securing entries, checkpoint construction,
 2614  lighting specifically designed for entry point security,
 2615  security cameras, automatic locks and locking devices,
 2616  electronic security systems, fencing designed to prevent
 2617  intruder entry into a building, bullet-proof glass, or other
 2618  capital construction items approved by the school safety
 2619  specialist to ensure building security for new educational,
 2620  auxiliary, or ancillary facilities; costs for these items must
 2621  be below 2 percent per student station.
 2622         Section 32. For the purpose of incorporating the amendment
 2623  made by this act to section 790.065, Florida Statutes, in a
 2624  reference thereto, subsection (2) of section 397.6760, Florida
 2625  Statutes, is reenacted to read:
 2626         397.6760 Court records; confidentiality.—
 2627         (2) This section does not preclude the clerk of the court
 2628  from submitting the information required by s. 790.065 to the
 2629  Department of Law Enforcement.
 2630         Section 33. For the purpose of incorporating the amendment
 2631  made by this act to section 790.065, Florida Statutes, in a
 2632  reference thereto, paragraph (e) of subsection (3) of section
 2633  790.335, Florida Statutes, is reenacted to read:
 2634         790.335 Prohibition of registration of firearms; electronic
 2635  records.—
 2636         (3) EXCEPTIONS.—The provisions of this section shall not
 2637  apply to:
 2638         (e)1. Records kept pursuant to the recordkeeping provisions
 2639  of s. 790.065; however, nothing in this section shall be
 2640  construed to authorize the public release or inspection of
 2641  records that are made confidential and exempt from the
 2642  provisions of s. 119.07(1) by s. 790.065(4)(a).
 2643         2. Nothing in this paragraph shall be construed to allow
 2644  the maintaining of records containing the names of purchasers or
 2645  transferees who receive unique approval numbers or the
 2646  maintaining of records of firearm transactions.
 2647         Section 34. For the purpose of incorporating the amendment
 2648  made by this act to section 836.10, Florida Statutes, in a
 2649  reference thereto, subsection (1) of section 794.056, Florida
 2650  Statutes, is reenacted to read:
 2651         794.056 Rape Crisis Program Trust Fund.—
 2652         (1) The Rape Crisis Program Trust Fund is created within
 2653  the Department of Health for the purpose of providing funds for
 2654  rape crisis centers in this state. Trust fund moneys shall be
 2655  used exclusively for the purpose of providing services for
 2656  victims of sexual assault. Funds credited to the trust fund
 2657  consist of those funds collected as an additional court
 2658  assessment in each case in which a defendant pleads guilty or
 2659  nolo contendere to, or is found guilty of, regardless of
 2660  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 2661  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 2662  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 2663  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 2664  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 2665  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 2666  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 2667  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 2668  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 2669  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 2670  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 2671  fund also shall include revenues provided by law, moneys
 2672  appropriated by the Legislature, and grants from public or
 2673  private entities.
 2674         Section 35. For the purpose of incorporating the amendment
 2675  made by this act to section 836.10, Florida Statutes, in a
 2676  reference thereto, section 938.085, Florida Statutes, is
 2677  reenacted to read:
 2678         938.085 Additional cost to fund rape crisis centers.—In
 2679  addition to any sanction imposed when a person pleads guilty or
 2680  nolo contendere to, or is found guilty of, regardless of
 2681  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 2682  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 2683  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 2684  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 2685  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 2686  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 2687  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 2688  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 2689  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 2690  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 2691  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 2692  $151. Payment of the surcharge shall be a condition of
 2693  probation, community control, or any other court-ordered
 2694  supervision. The sum of $150 of the surcharge shall be deposited
 2695  into the Rape Crisis Program Trust Fund established within the
 2696  Department of Health by chapter 2003-140, Laws of Florida. The
 2697  clerk of the court shall retain $1 of each surcharge that the
 2698  clerk of the court collects as a service charge of the clerk’s
 2699  office.
 2700         Section 36. For the 2018-2019 fiscal year, the sum of $69,
 2701  237,286 in recurring funds is appropriated from the General
 2702  Revenue Fund to the Department of Education in the Aid to Local
 2703  Governments Grants and Aids – Florida Education Finance Program
 2704  to fund the mental health assistance allocation created pursuant
 2705  to s. 1011.62(16), Florida Statutes.
 2706         Section 37. For the 2018-2019 fiscal year, the sums of
 2707  $500,000 in recurring funds and $6,200,000 in nonrecurring funds
 2708  are appropriated from the General Revenue Fund to the Department
 2709  of Education to implement the youth mental health awareness and
 2710  assistance training as directed pursuant to s. 1012.584, Florida
 2711  Statutes.
 2712         Section 38. For the 2018-2019 fiscal year, the sum of $1
 2713  million in nonrecurring funds is appropriated from the General
 2714  Revenue Fund to the Department of Education for the design and
 2715  construction of a memorial honoring those who lost their lives
 2716  on February 14, 2018, at Marjory Stoneman Douglas High School in
 2717  Broward County. The department shall collaborate with the
 2718  students and faculty of Marjory Stoneman Douglas High School,
 2719  the families of the victims, the Broward County School District,
 2720  and other relevant entities of the Parkland community on the
 2721  design and placement of the memorial.
 2722         Section 39. For the 2018-2019 fiscal year, the sum of
 2723  $25,262,714 in nonrecurring funds is appropriated from the
 2724  General Revenue Fund to the Department of Education for the
 2725  purpose of replacing Building 12, as listed in the Florida
 2726  Inventory of School Houses, at Marjory Stoneman Douglas High
 2727  School in Broward County.
 2728         Section 40. For the 2018-2019 fiscal year, the sums of
 2729  $500,000 in recurring funds and $67 million in nonrecurring
 2730  funds are appropriated from the General Revenue Fund to the
 2731  Department of Education to allocate to sheriffs’ offices who
 2732  establish a school marshal program pursuant to s. 30.15, Florida
 2733  Statutes. The funds shall be used for screening-related and
 2734  training-related costs and providing a one-time stipend of $500
 2735  to school marshals who participate in the school marshal
 2736  program.
 2737         Section 41. For the 2018-2019 fiscal year, three full-time
 2738  equivalent positions, with associated salary rate of 150,000,
 2739  are authorized, and the sum of $344,393 in recurring funds is
 2740  appropriated from the General Revenue Fund to the Department of
 2741  Education to fund the Office of Safe Schools created pursuant to
 2742  s. 1001.212, Florida Statutes.
 2743         Section 42. For the 2018-2019 fiscal year, the sum of
 2744  $97,500,000 in recurring funds is appropriated from the General
 2745  Revenue Fund to the Department of Education in the Aid to Local
 2746  Governments Grants and Aids – Florida Education Finance Program
 2747  category for the safe schools allocation. These funds are in
 2748  addition to the safe schools allocation funds appropriated in
 2749  the Florida Education Finance Program in the Fiscal Year 2018
 2750  2019 General Appropriations Act. From these funds, $187,340
 2751  shall be distributed to each school district and developmental
 2752  research school to increase each school districts’ minimum
 2753  amount to $250,000 when combined with the minimum amount
 2754  appropriated in the 2018-2019 General Appropriations Act.
 2755  Notwithstanding s. 1011.62(15), Florida Statutes, the balance of
 2756  the funds appropriated in this section shall be distributed to
 2757  school districts based on each district’s proportionate share of
 2758  the state’s total unweighted full-time equivalent student
 2759  enrollment. Each school district must use these funds
 2760  exclusively for hiring or contracting for school resource
 2761  officers pursuant to s. 1006.12, Florida Statutes.
 2762         Section 43. For the 2018-2019 fiscal year, the sum of
 2763  $100,000 in recurring funds is appropriated from the General
 2764  Revenue Fund to the Department of Education to competitively
 2765  procure the active shooter training component of the school
 2766  safety specialist training program pursuant to s. 1001.212,
 2767  Florida Statutes.
 2768         Section 44. For the 2018-2019 fiscal year, the sum of
 2769  $98,962,286 in nonrecurring funds is appropriated from the
 2770  General Revenue Fund to the Department of Education to implement
 2771  a grant program that will provide awards to schools to fund, in
 2772  whole or in part, the fixed capital outlay costs associated with
 2773  improving the physical security of school buildings as
 2774  identified by a security risk assessment completed before August
 2775  1, 2018, by a school district or charter school. By August 31,
 2776  2018, the department shall submit the grant guidelines, which
 2777  must include an application submission deadline of no later than
 2778  December 1, 2018, and the specific evaluation criteria, to all
 2779  school districts and charter schools. The department shall award
 2780  grants no later than January 15, 2019, based upon the evaluation
 2781  criteria set forth in the application guidelines.
 2782         Section 45. For the 2018-2019 fiscal year, the sums of
 2783  $300,000 in nonrecurring funds and $100,000 in recurring funds
 2784  are appropriated from the General Revenue Fund to the Department
 2785  of Law Enforcement to competitively procure proposals for the
 2786  development or acquisition of the mobile suspicious activity
 2787  reporting tool pursuant to s. 943.082, Florida Statutes. The
 2788  tool shall be implemented no later than January 31, 2019.
 2789         Section 46. For the 2018-2019 fiscal year, five full-time
 2790  equivalent positions, with associated salary rate of 345,000,
 2791  are authorized and the recurring sum of $600,000 and the
 2792  nonrecurring sum of $50,000 are appropriated from the General
 2793  Revenue Fund to the Department of Law Enforcement to fund the
 2794  operations of the Marjory Stoneman Douglas High School Public
 2795  Safety Commission.
 2796         Section 47. For the 2018-2019 fiscal year, the sum of
 2797  $9,800,000 in recurring funds is appropriated from the General
 2798  Revenue Fund to the Department of Children and Families to
 2799  competitively procure for additional community action treatment
 2800  teams to ensure reasonable access among all counties. The
 2801  department shall consider the geographic location of existing
 2802  community action treatment teams and select providers to serve
 2803  the areas of greatest need.
 2804         Section 48. For the 2018-2019 fiscal year, the sums of
 2805  $18,300,000 in recurring funds are appropriated from the General
 2806  Revenue Fund to the Department of Children and Families to
 2807  competitively procure proposals for additional mobile crisis
 2808  teams to ensure reasonable access among all counties. The
 2809  department shall consider the geographic location of existing
 2810  mobile crisis teams and select providers to serve the areas of
 2811  greatest need.
 2812         Section 49. For the 2018-2019 fiscal year, the sums of
 2813  $18,321 in recurring funds and $225,000 in nonrecurring funds
 2814  are appropriated from the General Revenue Fund to the Department
 2815  of Education in the Special Categories – Teacher and School
 2816  Administrator Death Benefits category to provide for the
 2817  benefits awarded pursuant to s. 112.1915, Florida Statutes, to
 2818  the eligible recipients of the three Marjory Stoneman Douglas
 2819  High School staff members who lost their lives on February 14,
 2820  2018.
 2821         Section 50. For the 2018-2019 fiscal year, the sum of $3
 2822  million in recurring funds is appropriated from the General
 2823  Revenue Fund to the Department of Education to competitively
 2824  procure for the development or acquisition of the centralized
 2825  data repository and analytics resources pursuant to s. 1001.212,
 2826  Florida Statutes. The department shall collaborate with the
 2827  Department of Law Enforcement and school districts to identify
 2828  the requirements and functionality of the data repository and
 2829  analytics resources and shall make such resources available to
 2830  the school districts no later than December 1, 2018.
 2831         Section 51. For the 2018-2019 fiscal year, the sum of $1
 2832  million in nonrecurring funds is appropriated from the General
 2833  Revenue Fund to the Department of Education to competitively
 2834  procure a contract with a third-party security consultant with
 2835  experience in conducting security risk assessments of public
 2836  schools. Contract funds shall be used to review and analyze the
 2837  department’s current security risk assessment tool known as the
 2838  Florida Safe Schools Assessment Tool (FSSAT) and a sample of
 2839  self-assessments conducted by school districts using the FSSAT
 2840  to determine the effectiveness of the recommendations produced
 2841  based upon the FSSAT. The review shall include any recommended
 2842  updates and enhancements with associated costs for their
 2843  implementation to aid districts in developing recommendations to
 2844  address safety and security issues discovered by the FSSAT. The
 2845  department shall submit the completed review to the State Board
 2846  of Education, the Executive Office of the Governor’s Office of
 2847  Policy and Budget, the chair of the Senate Committee on
 2848  Appropriations, and the House of Representatives Appropriations
 2849  Committee no later than January 1, 2019.
 2850         Section 52. Except as otherwise expressly provided in this
 2851  act, this act shall take effect upon becoming a law.

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