Bill Text: FL S7030 | 2019 | Regular Session | Enrolled


Bill Title: Implementation of Legislative Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission

Spectrum: Partisan Bill (? 3-0)

Status: (Passed) 2019-05-09 - Chapter No. 2019-22 [S7030 Detail]

Download: Florida-2019-S7030-Enrolled.html
       ENROLLED
       2019 Legislature            CS for CS for SB 7030, 1st Engrossed
       
       
       
       
       
       
                                                             20197030er
    1  
    2         An act relating to implementation of legislative
    3         recommendations of the Marjory Stoneman Douglas High
    4         School Public Safety Commission; amending s. 30.15,
    5         F.S.; requiring sheriffs to assist district school
    6         boards and charter school governing boards with
    7         compliance with a specified provision; requiring
    8         sheriffs to provide access to the Coach Aaron Feis
    9         Guardian Program; conforming a provision to changes
   10         made by the act; requiring sheriffs to establish a
   11         school guardian program or contract with another
   12         sheriff’s office that has established a program under
   13         a certain condition; authorizing sheriffs that have
   14         established a guardian program to contract to provide
   15         training for specified purposes; requiring charter
   16         school governing boards to notify the superintendent
   17         or district school safety specialist and the sheriff
   18         in the county before training is executed; providing
   19         for reimbursement of a sheriff who conducts such
   20         training; removing the prohibition against classroom
   21         teachers serving as school guardians; conforming
   22         provisions to changes made by the act; revising
   23         certification requirements for school guardians;
   24         prohibiting individuals from serving as school
   25         guardians unless they are appointed by a
   26         superintendent or charter school principal, as
   27         applicable; amending s. 843.08, F.S.; adding school
   28         guardians to the list of officials the false
   29         personation of whom is prohibited and subject to
   30         criminal penalties; making technical changes; amending
   31         s. 943.03, F.S.; requiring the Department of Law
   32         Enforcement to consult with sheriffs who establish a
   33         guardian program on programmatic guiding principles,
   34         practices, and resources relating to the development
   35         and implementation of the program; amending s.
   36         943.082, F.S.; requiring school districts to promote
   37         the use of a mobile suspicious activity reporting tool
   38         through specified platforms and mediums; amending s.
   39         1001.10, F.S.; requiring the Commissioner of Education
   40         to review recommendations from the School Hardening
   41         and Harm Mitigation Workgroup; requiring the
   42         commissioner to submit a summary to the Governor and
   43         the Legislature by a specified date; providing
   44         requirements for the summary; amending s. 1001.11,
   45         F.S.; revising the duties of the commissioner to
   46         include oversight and facilitation of compliance with
   47         the safety and security requirements of the Marjory
   48         Stoneman Douglas High School Public Safety Act by
   49         specified persons and entities; amending s. 1001.212,
   50         F.S.; requiring the Office of Safe Schools to annually
   51         provide training for specified personnel; conforming
   52         provisions to changes made by the act; requiring the
   53         office to provide data to support the evaluation of
   54         mental health services; requiring the office to
   55         provide technical assistance for school safety
   56         incident reporting; requiring the office to collect
   57         data through the school environmental safety incident
   58         reports; requiring the office to review and evaluate
   59         school district reports for compliance; requiring a
   60         district school board to withhold a superintendent’s
   61         salary in response to the superintendent’s
   62         noncompliance; requiring the office to convene a
   63         School Hardening and Harm Mitigation Workgroup;
   64         providing for membership and duties of the workgroup;
   65         requiring the workgroup to submit a report and
   66         recommendations to the executive director of the
   67         office and the commissioner; providing requirements
   68         for the report; providing for future repeal; requiring
   69         the office to develop a behavioral threat assessment
   70         instrument; providing requirements for the instrument;
   71         requiring the office to establish the Statewide Threat
   72         Assessment Database Workgroup to make certain
   73         recommendations relating to a statewide threat
   74         assessment database; providing requirements for the
   75         database; requiring the workgroup to report
   76         recommendations to the office by a specified date;
   77         providing requirements for such recommendations;
   78         requiring the office to monitor school district and
   79         public school, including charter school, compliance
   80         with requirements relating to school safety; requiring
   81         the office to report incidents of noncompliance to the
   82         commissioner and the state board; requiring the office
   83         to annually publish a list containing specified
   84         information relating to safe-school officers; amending
   85         s. 1002.33, F.S.; requiring charter schools to comply
   86         with specified provisions; amending s. 1003.25, F.S.;
   87         providing requirements for the transfer of certain
   88         student records; amending s. 1006.07, F.S.; revising
   89         requirements for certain types of emergency drills;
   90         requiring that a school safety specialist be a school
   91         administrator employed by the school district or a law
   92         enforcement officer employed by the sheriff’s office
   93         located in the school district; providing requirements
   94         for a school safety specialist designated from a
   95         sheriff’s office; providing that a school safety
   96         specialist designated from a sheriff’s office remains
   97         an employee of such office for certain purposes;
   98         authorizing the sheriff and school superintendent to
   99         determine by agreement the reimbursement or sharing of
  100         costs associated with employment of the law
  101         enforcement officer as a school safety specialist;
  102         requiring district school boards to adopt an active
  103         assailant response plan; requiring each district
  104         school superintendent and charter school principal to
  105         certify by a specified date, and annually thereafter,
  106         that all school personnel have received annual
  107         training under the plan; requiring that certain
  108         policies adopted by school districts include
  109         procedures for behavioral threat assessments;
  110         requiring threat assessment teams to utilize the
  111         behavioral threat assessment instrument and the threat
  112         assessment database developed by the office when they
  113         become available; requiring threat assessment teams to
  114         verify that, upon a student’s transfer to a different
  115         school, any intervention services provided to the
  116         student remain in place until the team makes a certain
  117         determination; requiring district school boards to
  118         adopt policies for accurate and timely reporting of
  119         school environmental safety incidents; providing
  120         penalties for noncompliance with such policies;
  121         requiring the State Board of Education to adopt rules
  122         establishing requirements for school environmental
  123         safety incident reports; amending s. 1006.12, F.S.;
  124         requiring district school boards and school district
  125         superintendents to partner with security agencies to
  126         establish or assign safe-school officers; requiring
  127         district school boards to collaborate with charter
  128         school governing boards to facilitate access to all
  129         safe-school officer options; expanding the options
  130         school districts are authorized to implement;
  131         expanding the categories of individuals who may serve
  132         as school guardians; authorizing school districts and
  133         charter school governing boards to contract with
  134         security agencies to employ school security guards;
  135         providing requirements for school security guards;
  136         authorizing the Department of Law Enforcement to
  137         provide certain entities with specified data relating
  138         to psychological evaluations administered to school
  139         security guard applicants; providing requirements for
  140         contracts between a security agency and a school
  141         district or charter school governing board; providing
  142         that certain school security guards are in support of
  143         school-sanctioned activities and are required to aid
  144         in the prevention or abatement of certain incidents;
  145         requiring certain school districts to notify the
  146         county sheriff and the Office of Safe Schools after
  147         the occurrence of specified events; requiring school
  148         districts to assign school resource officers or school
  149         safety officers to charter schools under certain
  150         circumstances; requiring school districts to retain
  151         specified allocation funds for a specified purpose if
  152         such officers are assigned; amending s. 1006.13, F.S.;
  153         revising requirements for school district zero
  154         tolerance policies; amending s. 1006.1493, F.S.;
  155         requiring the Florida Safe Schools Assessment Tool
  156         (FSSAT) to be the primary site security assessment
  157         tool for school districts; requiring the department to
  158         require a security consulting firm to review
  159         recommendations of the School Hardening and Harm
  160         Mitigation Workgroup; requiring the office to annually
  161         make the FSSAT available by a specified date;
  162         requiring the office to provide FSSAT training;
  163         amending s. 1011.62, F.S.; modifying the required use
  164         of funds in the safe schools allocation; providing for
  165         retroactive application; providing legislative intent;
  166         expanding, as of a specified date, the categorical
  167         fund that may be accessed to improve classroom
  168         instruction or improve school safety; revising
  169         requirements for a district school board’s annual
  170         financial report to the Department of Education;
  171         requiring each school district to report that the
  172         public schools within the district have completed the
  173         required school security risk assessment; providing
  174         that a charter school’s share of costs for a school
  175         resource officer or school safety officer may not
  176         exceed a specified amount if a district school board
  177         is required to assign such an officer to the charter
  178         school; deleting obsolete language; expanding the
  179         purpose of the mental health assistance allocation;
  180         providing that charter schools that take a specified
  181         action are entitled to a proportionate share of
  182         certain funding; deleting a requirement that
  183         restricted to certain elements how a specified
  184         percentage of a district’s mental health assistance
  185         allocation could be expended; revising requirements
  186         for a plan required to be developed by school
  187         districts before distribution of such allocation;
  188         requiring that the plans include charter schools,
  189         except in certain circumstances; authorizing, rather
  190         than requiring, charter schools to develop and submit
  191         a specified plan; revising requirements for school
  192         districts’ and charter schools’ plans; revising
  193         requirements relating to a specified report required
  194         by school districts to annually submit to the
  195         department; reenacting s. 921.0022(3)(b), F.S.,
  196         relating to the offense severity ranking chart of the
  197         Criminal Punishment Code, to incorporate the amendment
  198         made to s. 843.08, F.S., in a reference thereto;
  199         providing a declaration of important state interest;
  200         providing effective dates.
  201          
  202  Be It Enacted by the Legislature of the State of Florida:
  203  
  204         Section 1. Paragraph (k) of subsection (1) of section
  205  30.15, Florida Statutes, is amended to read:
  206         30.15 Powers, duties, and obligations.—
  207         (1) Sheriffs, in their respective counties, in person or by
  208  deputy, shall:
  209         (k) Assist district school boards and charter school
  210  governing boards in complying with s. 1006.12. A sheriff must,
  211  at a minimum, provide access to establish, if the sheriff so
  212  chooses, a Coach Aaron Feis Guardian Program to aid in the
  213  prevention or abatement of active assailant incidents on school
  214  premises, as required under this paragraph. Persons certified as
  215  school guardians pursuant to this paragraph have no authority to
  216  act in any law enforcement capacity except to the extent
  217  necessary to prevent or abate an active assailant incident.
  218         1.a. If a local school board has voted by a majority to
  219  implement a guardian program, the sheriff in that county shall
  220  establish a guardian program to provide training, pursuant to
  221  subparagraph 2., to school district or charter school employees,
  222  either directly or through a contract with another sheriff’s
  223  office that has established a guardian program.
  224         b. A charter school governing board in a school district
  225  that has not voted, or has declined, to implement a guardian
  226  program may request the sheriff in the county to establish a
  227  guardian program for the purpose of training the charter school
  228  employees. If the county sheriff denies the request, the charter
  229  school governing board may contract with a sheriff that has
  230  established a guardian program to provide such training. The
  231  charter school governing board must notify the superintendent
  232  and the sheriff in the charter school’s county of the contract
  233  prior to its execution.
  234         c. The sheriff conducting the training pursuant to
  235  subparagraph 2. will be reimbursed for screening-related and
  236  training-related costs and for providing a one-time stipend of
  237  $500 to each school guardian who participates in the school
  238  guardian program A school guardian has no authority to act in
  239  any law enforcement capacity except to the extent necessary to
  240  prevent or abate an active assailant incident on a school
  241  premises.
  242         2. A Excluded from participating in the Coach Aaron Feis
  243  Guardian Program are individuals who exclusively perform
  244  classroom duties as classroom teachers as defined in s.
  245  1012.01(2)(a). This limitation does not apply to classroom
  246  teachers of a Junior Reserve Officers’ Training Corps program, a
  247  current servicemember, as defined in s. 250.01, or a current or
  248  former law enforcement officer, as defined in s. 943.10(1), (6),
  249  or (8). The sheriff who establishes a chooses to establish the
  250  program shall consult with the Department of Law Enforcement on
  251  programmatic guiding principles, practices, and resources, and
  252  shall certify appoint as school guardians, without the power of
  253  arrest, school employees, as specified in s. 1006.12(3), who
  254  volunteer and who:
  255         a.1. Hold a valid license issued under s. 790.06.
  256         b.2. Complete a 144-hour training program, consisting of 12
  257  hours of a certified nationally recognized diversity training
  258  and 132 total hours of comprehensive firearm safety and
  259  proficiency training conducted by Criminal Justice Standards and
  260  Training Commission-certified instructors, which must include:
  261         (I)a. Eighty hours of firearms instruction based on the
  262  Criminal Justice Standards and Training Commission’s Law
  263  Enforcement Academy training model, which must include at least
  264  10 percent but no more than 20 percent more rounds fired than
  265  associated with academy training. Program participants must
  266  achieve an 85 percent pass rate on the firearms training.
  267         (II)b. Sixteen hours of instruction in precision pistol.
  268         (III)c. Eight hours of discretionary shooting instruction
  269  using state-of-the-art simulator exercises.
  270         (IV)d. Eight hours of instruction in active shooter or
  271  assailant scenarios.
  272         (V)e. Eight hours of instruction in defensive tactics.
  273         (VI)f. Twelve hours of instruction in legal issues.
  274         c.3. Pass a psychological evaluation administered by a
  275  psychologist licensed under chapter 490 and designated by the
  276  Department of Law Enforcement and submit the results of the
  277  evaluation to the sheriff’s office. The Department of Law
  278  Enforcement is authorized to provide the sheriff’s office with
  279  mental health and substance abuse data for compliance with this
  280  paragraph.
  281         d.4. Submit to and pass an initial drug test and subsequent
  282  random drug tests in accordance with the requirements of s.
  283  112.0455 and the sheriff’s office.
  284         e.5. Successfully complete ongoing training, weapon
  285  inspection, and firearm qualification on at least an annual
  286  basis.
  287         6. Successfully complete at least 12 hours of a certified
  288  nationally recognized diversity training program.
  289  
  290  The sheriff who conducts the guardian training shall issue a
  291  school guardian certificate to individuals who meet the
  292  requirements of this section to the satisfaction of the sheriff,
  293  and subparagraph 2. The sheriff shall maintain documentation of
  294  weapon and equipment inspections, as well as the training,
  295  certification, inspection, and qualification records of each
  296  school guardian certified appointed by the sheriff. An
  297  individual who is certified under this paragraph may serve as a
  298  school guardian under s. 1006.12(3) only if he or she is
  299  appointed by the applicable school district superintendent or
  300  charter school principal.
  301         Section 2. Effective October 1, 2019, section 843.08,
  302  Florida Statutes, is amended to read:
  303         843.08 False personation.—A person who falsely assumes or
  304  pretends to be a firefighter, a sheriff, an officer of the
  305  Florida Highway Patrol, an officer of the Fish and Wildlife
  306  Conservation Commission, a fire or arson investigator of the
  307  Department of Financial Services, an officer of the Department
  308  of Financial Services, an officer of the Department of
  309  Corrections, a correctional probation officer, a deputy sheriff,
  310  a state attorney or an assistant state attorney, a statewide
  311  prosecutor or an assistant statewide prosecutor, a state
  312  attorney investigator, a coroner, a police officer, a lottery
  313  special agent or lottery investigator, a beverage enforcement
  314  agent, a school guardian as described in s. 30.15(1)(k), a
  315  security officer licensed under chapter 493 or watchman, or any
  316  member of the Florida Commission on Offender Review or and any
  317  administrative aide or supervisor employed by the commission, or
  318  any personnel or representative of the Department of Law
  319  Enforcement, or a federal law enforcement officer as defined in
  320  s. 901.1505, and takes upon himself or herself to act as such,
  321  or to require any other person to aid or assist him or her in a
  322  matter pertaining to the duty of any such officer, commits a
  323  felony of the third degree, punishable as provided in s.
  324  775.082, s. 775.083, or s. 775.084. However, a person who
  325  falsely personates any such officer during the course of the
  326  commission of a felony commits a felony of the second degree,
  327  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  328  If the commission of the felony results in the death or personal
  329  injury of another human being, the person commits a felony of
  330  the first degree, punishable as provided in s. 775.082, s.
  331  775.083, or s. 775.084. The term “watchman” means a security
  332  officer licensed under chapter 493.
  333         Section 3. Subsection (16) is added to section 943.03,
  334  Florida Statutes, to read:
  335         943.03 Department of Law Enforcement.—
  336         (16) Upon request, the department shall consult with
  337  sheriffs to provide input regarding programmatic guiding
  338  principles, practices, and resources in order to assist in the
  339  development and implementation of the Coach Aaron Feis Guardian
  340  Program established pursuant to s. 30.15. Such input and
  341  guidance may include, but need not be limited to, standards,
  342  curriculum, instructional strategies, evaluation, certification,
  343  records retention, equipment, and other resource needs.
  344         Section 4. Subsection (4) of section 943.082, Florida
  345  Statutes, is amended to read:
  346         943.082 School Safety Awareness Program.—
  347         (4)(a) Law enforcement dispatch centers, school districts,
  348  schools, and other entities identified by the department must
  349  shall be made aware of the mobile suspicious activity reporting
  350  tool.
  351         (b)The district school board shall promote the use of the
  352  mobile suspicious activity reporting tool by advertising it on
  353  the school district website, in newsletters, on school campuses,
  354  and in school publications, by installing it on all mobile
  355  devices issued to students, and by bookmarking the website on
  356  all computer devices issued to students.
  357         Section 5. Subsection (9) is added to section 1001.10,
  358  Florida Statutes, to read:
  359         1001.10 Commissioner of Education; general powers and
  360  duties.—
  361         (9)The commissioner shall review the report of the School
  362  Hardening and Harm Mitigation Workgroup regarding hardening and
  363  harm mitigation strategies and recommendations submitted by the
  364  Office of Safe Schools, pursuant to s. 1001.212(11). By
  365  September 1, 2020, the commissioner shall submit a summary of
  366  such recommendations to the Governor, the President of the
  367  Senate, and the Speaker of the House of Representatives.
  368         Section 6. Subsection (9) is added to section 1001.11,
  369  Florida Statutes, to read:
  370         1001.11 Commissioner of Education; other duties.—
  371         (9) The commissioner shall oversee compliance with the
  372  safety and security requirements of the Marjory Stoneman Douglas
  373  High School Public Safety Act, chapter 2018-03, Laws of Florida,
  374  by school districts; district school superintendents; and public
  375  schools, including charter schools. The commissioner must
  376  facilitate compliance to the maximum extent provided under law,
  377  identify incidents of noncompliance, and impose or recommend to
  378  the State Board of Education, the Governor, or the Legislature
  379  enforcement and sanctioning actions pursuant to s. 1008.32 and
  380  other authority granted under law.
  381         Section 7. Section 1001.212, Florida Statutes, is amended
  382  to read:
  383         1001.212 Office of Safe Schools.—There is created in the
  384  Department of Education the Office of Safe Schools. The office
  385  is fully accountable to the Commissioner of Education. The
  386  office shall serve as a central repository for best practices,
  387  training standards, and compliance oversight in all matters
  388  regarding school safety and security, including prevention
  389  efforts, intervention efforts, and emergency preparedness
  390  planning. The office shall:
  391         (1) Establish and update as necessary a school security
  392  risk assessment tool for use by school districts pursuant to s.
  393  1006.07(6). The office shall make the security risk assessment
  394  tool available for use by charter schools. The office shall
  395  provide annual training to appropriate school district and
  396  charter school personnel on the proper assessment of physical
  397  site security and completion of the school security risk
  398  assessment tool.
  399         (2) Provide ongoing professional development opportunities
  400  to school district personnel.
  401         (3) Provide a coordinated and interdisciplinary approach to
  402  providing technical assistance and guidance to school districts
  403  on safety and security and recommendations to address findings
  404  identified pursuant to s. 1006.07(6).
  405         (4) Develop and implement a School Safety Specialist
  406  Training Program for school safety specialists appointed
  407  pursuant to s. 1006.07(6). The office shall develop the training
  408  program which shall be based on national and state best
  409  practices on school safety and security and must include active
  410  shooter training. The office shall develop training modules in
  411  traditional or online formats. A school safety specialist
  412  certificate of completion shall be awarded to a school safety
  413  specialist who satisfactorily completes the training required by
  414  rules of the office.
  415         (5) Review and provide recommendations on the security risk
  416  assessments. The department may contract with security
  417  personnel, consulting engineers, architects, or other safety and
  418  security experts the department deems necessary for safety and
  419  security consultant services.
  420         (6) Coordinate with the Department of Law Enforcement to
  421  provide a centralized integrated data repository and data
  422  analytics resources to improve access to timely, complete, and
  423  accurate information integrating data from, at a minimum, but
  424  not limited to, the following data sources by August 1, 2019
  425  December 1, 2018:
  426         (a) Social media Internet posts;
  427         (b) Department of Children and Families;
  428         (c) Department of Law Enforcement;
  429         (d) Department of Juvenile Justice;
  430         (e)Mobile suspicious activity reporting tool known as
  431  FortifyFL;
  432         (f)School environmental safety incident reports collected
  433  under subsection (8); and
  434         (g)(e) Local law enforcement.
  435  
  436  Data that is exempt or confidential and exempt from public
  437  records requirements retains its exempt or confidential and
  438  exempt status when incorporated into the centralized integrated
  439  data repository. To maintain the confidentiality requirements
  440  attached to the information provided to the centralized
  441  integrated data repository by the various state and local
  442  agencies, data governance and security shall ensure compliance
  443  with all applicable state and federal data privacy requirements
  444  through the use of user authorization and role-based security,
  445  data anonymization and aggregation and auditing capabilities. To
  446  maintain the confidentiality requirements attached to the
  447  information provided to the centralized integrated data
  448  repository by the various state and local agencies, each source
  449  agency providing data to the repository shall be the sole
  450  custodian of the data for the purpose of any request for
  451  inspection or copies thereof under chapter 119. The department
  452  shall only allow access to data from the source agencies in
  453  accordance with rules adopted by the respective source agencies
  454  and the requirements of the Federal Bureau of Investigation
  455  Criminal Justice Information Services security policy, where
  456  applicable.
  457         (7)Provide data to support the evaluation of mental health
  458  services pursuant to s. 1004.44.
  459         (8)Provide technical assistance to school districts and
  460  charter school governing boards for school environmental safety
  461  incident reporting as required under s. 1006.07(9). The office
  462  shall collect data through school environmental safety incident
  463  reports on incidents involving any person which occur on school
  464  premises, on school transportation, and at off-campus, school
  465  sponsored events. The office shall review and evaluate school
  466  district reports to ensure compliance with reporting
  467  requirements. Upon notification by the department that a
  468  superintendent has failed to comply with the requirements of s.
  469  1006.07(9), the district school board shall withhold further
  470  payment of his or her salary as authorized under s.
  471  1001.42(13)(b) and impose other appropriate sanctions that the
  472  commissioner or state board by law may impose.
  473         (7)Data that is exempt or confidential and exempt from
  474  public records requirements retains its exempt or confidential
  475  and exempt status when incorporated into the centralized
  476  integrated data repository.
  477         (8)To maintain the confidentiality requirements attached
  478  to the information provided to the centralized integrated data
  479  repository by the various state and local agencies, data
  480  governance and security shall ensure compliance with all
  481  applicable state and federal data privacy requirements through
  482  the use of user authorization and role-based security, data
  483  anonymization and aggregation and auditing capabilities.
  484         (9)To maintain the confidentiality requirements attached
  485  to the information provided to the centralized integrated data
  486  repository by the various state and local agencies, each source
  487  agency providing data for the repository shall be the sole
  488  custodian of the data for the purpose of any request for
  489  inspection or copies thereof under chapter 119. The department
  490  shall only allow access to data from the source agencies in
  491  accordance with rules adopted by the respective source agencies.
  492         (9)(10) Award grants to schools to improve the safety and
  493  security of school buildings based upon recommendations of the
  494  security risk assessment developed pursuant to subsection (1).
  495         (10)(11) Disseminate, in consultation with the Department
  496  of Law Enforcement, to participating schools awareness and
  497  education materials on the School Safety Awareness Program
  498  developed pursuant to s. 943.082.
  499         (11)(a)Convene a School Hardening and Harm Mitigation
  500  Workgroup composed of individuals with subject matter expertise
  501  on school campus hardening best practices. The workgroup shall
  502  meet as necessary to review school hardening and harm mitigation
  503  policies, including, but not limited to, the target hardening
  504  practices implemented in other states; the school safety
  505  guidelines developed by organizations such as the Partner
  506  Alliance for Safer Schools; the tiered approach to target campus
  507  hardening strategies identified in the initial report submitted
  508  by the Marjory Stoneman Douglas High School Public Safety
  509  Commission pursuant to s. 943.687(9); and the Florida Building
  510  Code for educational facilities construction to determine
  511  whether the building code may need to be modified to strengthen
  512  school safety and security. Based on this review of school
  513  safety best practices, by August 1, 2020, the workgroup shall
  514  submit a report to the executive director of the office which
  515  includes, at a minimum, a prioritized list for the
  516  implementation of school campus hardening and harm mitigation
  517  strategies and the estimated costs of and timeframes for
  518  implementation of the strategies by school districts and charter
  519  schools. The estimated costs must include regional and statewide
  520  projections of the implementation costs.
  521         (b) Submit to the commissioner:
  522         1. The workgroup’s report pursuant to paragraph (a); and
  523         2. Recommendations regarding procedures for the office to
  524  use to monitor and enforce compliance by the school districts
  525  and charter schools in the implementation of the workgroup’s
  526  recommended campus hardening and harm mitigation strategies.
  527  
  528  This subsection is repealed June 30, 2023.
  529         (12) By August 1, 2019, develop a standardized, statewide
  530  behavioral threat assessment instrument for use by all public
  531  schools, including charter schools, which addresses early
  532  identification, evaluation, early intervention, and student
  533  support.
  534         (a) The standardized, statewide behavioral threat
  535  assessment instrument must include, but need not be limited to,
  536  components and forms that address:
  537         1. An assessment of the threat, which includes an
  538  assessment of the student, family, and school and social
  539  dynamics.
  540         2. An evaluation to determine if the threat is transient or
  541  substantive.
  542         3. The response to a substantive threat, which includes the
  543  school response and the role of law enforcement agencies.
  544         4. The response to a serious substantive threat, including
  545  mental health and law enforcement referrals.
  546         5. Ongoing monitoring to assess implementation of safety
  547  strategies.
  548         6. Training for members of threat assessment teams
  549  established under s. 1006.07(7) and school administrators
  550  regarding the use of the instrument.
  551         (b) The office shall:
  552         1.By August 1, 2020, evaluate each school district’s and
  553  charter school governing board’s behavioral threat assessment
  554  procedures for compliance with this subsection.
  555         2. Notify the district school superintendent or charter
  556  school governing board, as applicable, if the behavioral threat
  557  assessment is not in compliance with this subsection.
  558         3. Report any issues of ongoing noncompliance with this
  559  subsection to the commissioner and the district school
  560  superintendent or the charter school governing board, as
  561  applicable.
  562         (13) Establish the Statewide Threat Assessment Database
  563  Workgroup, composed of members appointed by the department, to
  564  complement the work of the department and the Department of Law
  565  Enforcement associated with the centralized integrated data
  566  repository and data analytics resources initiative and make
  567  recommendations regarding the development of a statewide threat
  568  assessment database. The database must allow authorized public
  569  school personnel to enter information related to any threat
  570  assessment conducted at their respective schools using the
  571  instrument developed by the office pursuant to subsection (12),
  572  and must provide such information to authorized personnel in
  573  each school district and public school and to appropriate
  574  stakeholders. By December 31, 2019, the workgroup shall provide
  575  a report to the office with recommendations that include, but
  576  need not be limited to:
  577         (a) Threat assessment data that should be required to be
  578  entered into the database.
  579         (b) School district and public school personnel who should
  580  be allowed to input student records to the database and view
  581  such records.
  582         (c) Database design and functionality, to include data
  583  security.
  584         (d) Restrictions and authorities on information sharing,
  585  including:
  586         1. Section 1002.22 and other applicable state laws.
  587         2. The Family Educational Rights and Privacy Act (FERPA),
  588  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
  589  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
  590  45 C.F.R. part 164, subpart E; and other applicable federal
  591  laws.
  592         3.The appropriateness of interagency agreements that will
  593  allow law enforcement to view database records.
  594         (e) The cost to develop and maintain a statewide online
  595  database.
  596         (f) An implementation plan and timeline for the workgroup
  597  recommendations.
  598         (14)Monitor compliance with requirements relating to
  599  school safety by school districts and public schools, including
  600  charter schools. The office shall report incidents of
  601  noncompliance to the commissioner pursuant to s. 1001.11(9) and
  602  the state board pursuant to s. 1008.32 and other requirements of
  603  law, as appropriate.
  604         (15) Annually publish a list detailing the total number of
  605  safe-school officers in this state, the total number of safe
  606  school officers disciplined or relieved of their duties because
  607  of misconduct in the previous year, the total number of
  608  disciplinary incidents involving safe-school officers, and the
  609  number of incidents in which a safe-school officer discharged
  610  his or her firearm outside of a training situation or in the
  611  exercise of his or her duties as a safe-school officer.
  612         Section 8. Paragraph (b) of subsection (16) of section
  613  1002.33, Florida Statutes, is amended to read:
  614         1002.33 Charter schools.—
  615         (16) EXEMPTION FROM STATUTES.—
  616         (b) Additionally, a charter school shall be in compliance
  617  with the following statutes:
  618         1. Section 286.011, relating to public meetings and
  619  records, public inspection, and criminal and civil penalties.
  620         2. Chapter 119, relating to public records.
  621         3. Section 1003.03, relating to the maximum class size,
  622  except that the calculation for compliance pursuant to s.
  623  1003.03 shall be the average at the school level.
  624         4. Section 1012.22(1)(c), relating to compensation and
  625  salary schedules.
  626         5. Section 1012.33(5), relating to workforce reductions.
  627         6. Section 1012.335, relating to contracts with
  628  instructional personnel hired on or after July 1, 2011.
  629         7. Section 1012.34, relating to the substantive
  630  requirements for performance evaluations for instructional
  631  personnel and school administrators.
  632         8.Section 1006.12, relating to safe-school officers.
  633         9. Section 1006.07(7), relating to threat assessment teams.
  634         10.Section 1006.07(9), relating to School Environmental
  635  Safety Incident Reporting.
  636         11.Section 1006.1493, relating to the Florida Safe Schools
  637  Assessment Tool.
  638         12. Section 1006.07(6)(c), relating to adopting an active
  639  assailant response plan.
  640         13. Section 943.082(4)(b), relating to the mobile
  641  suspicious activity reporting tool.
  642         14.Section 1012.584, relating to youth mental health
  643  awareness and assistance training.
  644         Section 9. Subsection (2) of section 1003.25, Florida
  645  Statutes, is amended to read:
  646         1003.25 Procedures for maintenance and transfer of student
  647  records.—
  648         (2) The procedure for transferring and maintaining records
  649  of students who transfer from school to school shall be
  650  prescribed by rules of the State Board of Education. The
  651  transfer of records shall occur within 3 school days. The
  652  records shall include:
  653         (a)Verified reports of serious or recurrent behavior
  654  patterns, including threat assessment evaluations and
  655  intervention services.
  656         (b)Psychological evaluations, including therapeutic
  657  treatment plans and therapy or progress notes created or
  658  maintained by school district or charter school staff, as
  659  appropriate.
  660         Section 10. Paragraph (b) of subsection (1), paragraph (a)
  661  of subsection (4), and subsections (6) and (7) of section
  662  1006.07, Florida Statutes, are amended, and subsection (9) is
  663  added to that section, to read:
  664         1006.07 District school board duties relating to student
  665  discipline and school safety.—The district school board shall
  666  provide for the proper accounting for all students, for the
  667  attendance and control of students at school, and for proper
  668  attention to health, safety, and other matters relating to the
  669  welfare of students, including:
  670         (1) CONTROL OF STUDENTS.—
  671         (b) Require each student at the time of initial
  672  registration for school in the school district to note previous
  673  school expulsions, arrests resulting in a charge, juvenile
  674  justice actions, and any corresponding referral referrals to
  675  mental health services by the school district the student has
  676  had, and have the authority as the district school board of a
  677  receiving school district to honor the final order of expulsion
  678  or dismissal of a student by any in-state or out-of-state public
  679  district school board or private school, or lab school, for an
  680  act which would have been grounds for expulsion according to the
  681  receiving district school board’s code of student conduct, in
  682  accordance with the following procedures:
  683         1. A final order of expulsion shall be recorded in the
  684  records of the receiving school district.
  685         2. The expelled student applying for admission to the
  686  receiving school district shall be advised of the final order of
  687  expulsion.
  688         3. The district school superintendent of the receiving
  689  school district may recommend to the district school board that
  690  the final order of expulsion be waived and the student be
  691  admitted to the school district, or that the final order of
  692  expulsion be honored and the student not be admitted to the
  693  school district. If the student is admitted by the district
  694  school board, with or without the recommendation of the district
  695  school superintendent, the student may be placed in an
  696  appropriate educational program and referred to mental health
  697  services identified by the school district pursuant to s.
  698  1012.584(4), when appropriate, at the direction of the district
  699  school board.
  700         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  701         (a) Formulate and prescribe policies and procedures, in
  702  consultation with the appropriate public safety agencies, for
  703  emergency drills and for actual emergencies, including, but not
  704  limited to, fires, natural disasters, active shooter and hostage
  705  situations, and bomb threats, for all students and faculty at
  706  all public schools of the district comprised of grades K-12.
  707  Drills for active shooter and hostage situations shall be
  708  conducted in accordance with developmentally appropriate and
  709  age-appropriate procedures at least as often as other emergency
  710  drills. District school board policies shall include commonly
  711  used alarm system responses for specific types of emergencies
  712  and verification by each school that drills have been provided
  713  as required by law and fire protection codes. The emergency
  714  response policy shall identify the individuals responsible for
  715  contacting the primary emergency response agency and the
  716  emergency response agency that is responsible for notifying the
  717  school district for each type of emergency.
  718         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  719  school superintendent shall establish policies and procedures
  720  for the prevention of violence on school grounds, including the
  721  assessment of and intervention with individuals whose behavior
  722  poses a threat to the safety of the school community.
  723         (a) Each district school superintendent shall designate a
  724  school administrator as a school safety specialist for the
  725  district. The school safety specialist must be a school
  726  administrator employed by the school district or a law
  727  enforcement officer employed by the sheriff’s office located in
  728  the school district. Any school safety specialist designated
  729  from the sheriff’s office must first be authorized and approved
  730  by the sheriff employing the law enforcement officer. Any school
  731  safety specialist designated from the sheriff’s office remains
  732  the employee of the office for purposes of compensation,
  733  insurance, workers compensation, and other benefits authorized
  734  by law for a law enforcement officer employed by the sheriff’s
  735  office. The sheriff and the school superintendent may determine
  736  by agreement the reimbursement for such costs, or may share the
  737  costs, associated with employment of the law enforcement officer
  738  as a school safety specialist. The school safety specialist must
  739  earn a certificate of completion of the school safety specialist
  740  training provided by the Office of Safe Schools within 1 year
  741  after appointment and is responsible for the supervision and
  742  oversight for all school safety and security personnel,
  743  policies, and procedures in the school district. The school
  744  safety specialist shall:
  745         1. Review school district policies and procedures for
  746  compliance with state law and rules, including the district’s
  747  timely and accurate submission of school environmental safety
  748  incident reports to the department pursuant to s. 1001.212(8).
  749         2. Provide the necessary training and resources to students
  750  and school district staff in matters relating to youth mental
  751  health awareness and assistance; emergency procedures, including
  752  active shooter training; and school safety and security.
  753         3. Serve as the school district liaison with local public
  754  safety agencies and national, state, and community agencies and
  755  organizations in matters of school safety and security.
  756         4. In collaboration with the appropriate public safety
  757  agencies, as that term is defined in s. 365.171, by October 1 of
  758  each year, conduct a school security risk assessment in
  759  accordance with s. 1006.1493 at each public school using the
  760  Florida Safe Schools Assessment Tool school security risk
  761  assessment tool developed by the Office of Safe Schools pursuant
  762  to s. 1006.1493. Based on the assessment findings, the
  763  district’s school safety specialist shall provide
  764  recommendations to the district school superintendent and the
  765  district school board which identify strategies and activities
  766  that the district school board should implement in order to
  767  address the findings and improve school safety and security.
  768  Annually, Each district school board must receive such findings
  769  and the school safety specialist’s recommendations at a publicly
  770  noticed district school board meeting to provide the public an
  771  opportunity to hear the district school board members discuss
  772  and take action on the findings and recommendations. Each school
  773  safety specialist shall report such findings and school board
  774  action to the Office of Safe Schools within 30 days after the
  775  district school board meeting.
  776         (b) Each school safety specialist shall coordinate with the
  777  appropriate public safety agencies, as defined in s. 365.171,
  778  that are designated as first responders to a school’s campus to
  779  conduct a tour of such campus once every 3 years and provide
  780  recommendations related to school safety. The recommendations by
  781  the public safety agencies must be considered as part of the
  782  recommendations by the school safety specialist pursuant to
  783  paragraph (a).
  784         (c)Each district school board and charter school governing
  785  board must adopt an active assailant response plan. By October
  786  1, 2019, and annually thereafter, each district school
  787  superintendent and charter school principal shall certify that
  788  all school personnel have received annual training on the
  789  procedures contained in the active assailant response plan for
  790  the applicable school district or charter school.
  791         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  792  shall adopt policies for the establishment of threat assessment
  793  teams at each school whose duties include the coordination of
  794  resources and assessment and intervention with individuals whose
  795  behavior may pose a threat to the safety of school staff or
  796  students consistent with the model policies developed by the
  797  Office of Safe Schools. Such policies must shall include
  798  procedures for referrals to mental health services identified by
  799  the school district pursuant to s. 1012.584(4), when
  800  appropriate, and procedures for behavioral threat assessments in
  801  compliance with the instrument developed pursuant to s.
  802  1001.212(12).
  803         (a) A threat assessment team shall include persons with
  804  expertise in counseling, instruction, school administration, and
  805  law enforcement. The threat assessment teams shall identify
  806  members of the school community to whom threatening behavior
  807  should be reported and provide guidance to students, faculty,
  808  and staff regarding recognition of threatening or aberrant
  809  behavior that may represent a threat to the community, school,
  810  or self. Upon the availability of the behavioral threat
  811  assessment instrument developed pursuant to s. 1001.212(12), the
  812  threat assessment team shall use that instrument.
  813         (b) Upon a preliminary determination that a student poses a
  814  threat of violence or physical harm to himself or herself or
  815  others, a threat assessment team shall immediately report its
  816  determination to the superintendent or his or her designee. The
  817  superintendent or his or her designee shall immediately attempt
  818  to notify the student’s parent or legal guardian. Nothing in
  819  this subsection shall preclude school district personnel from
  820  acting immediately to address an imminent threat.
  821         (c) Upon a preliminary determination by the threat
  822  assessment team that a student poses a threat of violence to
  823  himself or herself or others or exhibits significantly
  824  disruptive behavior or need for assistance, authorized members
  825  of the threat assessment team may obtain criminal history record
  826  information pursuant to s. 985.04(1), as provided in s. 985.047.
  827  A member of a threat assessment team may not disclose any
  828  criminal history record information obtained pursuant to this
  829  section or otherwise use any record of an individual beyond the
  830  purpose for which such disclosure was made to the threat
  831  assessment team.
  832         (d) Notwithstanding any other provision of law, all state
  833  and local agencies and programs that provide services to
  834  students experiencing or at risk of an emotional disturbance or
  835  a mental illness, including the school districts, school
  836  personnel, state and local law enforcement agencies, the
  837  Department of Juvenile Justice, the Department of Children and
  838  Families, the Department of Health, the Agency for Health Care
  839  Administration, the Agency for Persons with Disabilities, the
  840  Department of Education, the Statewide Guardian Ad Litem Office,
  841  and any service or support provider contracting with such
  842  agencies, may share with each other records or information that
  843  are confidential or exempt from disclosure under chapter 119 if
  844  the records or information are reasonably necessary to ensure
  845  access to appropriate services for the student or to ensure the
  846  safety of the student or others. All such state and local
  847  agencies and programs shall communicate, collaborate, and
  848  coordinate efforts to serve such students.
  849         (e) If an immediate mental health or substance abuse crisis
  850  is suspected, school personnel shall follow policies established
  851  by the threat assessment team to engage behavioral health crisis
  852  resources. Behavioral health crisis resources, including, but
  853  not limited to, mobile crisis teams and school resource officers
  854  trained in crisis intervention, shall provide emergency
  855  intervention and assessment, make recommendations, and refer the
  856  student for appropriate services. Onsite school personnel shall
  857  report all such situations and actions taken to the threat
  858  assessment team, which shall contact the other agencies involved
  859  with the student and any known service providers to share
  860  information and coordinate any necessary followup actions. Upon
  861  the student’s transfer to a different school, the threat
  862  assessment team shall verify that any intervention services
  863  provided to the student remain in place until the threat
  864  assessment team of the receiving school independently determines
  865  the need for intervention services.
  866         (f) Each threat assessment team established pursuant to
  867  this subsection shall report quantitative data on its activities
  868  to the Office of Safe Schools in accordance with guidance from
  869  the office and shall utilize the threat assessment database
  870  developed pursuant to s. 1001.212(13) upon the availability of
  871  the database.
  872         (9)SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
  873  district school board shall adopt policies to ensure the
  874  accurate and timely reporting of incidents related to school
  875  safety and discipline. The district school superintendent is
  876  responsible for school environmental safety incident reporting.
  877  A district school superintendent who fails to comply with this
  878  subsection is subject to the penalties specified in law,
  879  including, but not limited to, s. 1001.42(13)(b) or s.
  880  1001.51(12)(b), as applicable. The State Board of Education
  881  shall adopt rules establishing the requirements for the school
  882  environmental safety incident report.
  883         Section 11. Section 1006.12, Florida Statutes, is amended
  884  to read:
  885         1006.12 Safe-school officers at each public school.—For the
  886  protection and safety of school personnel, property, students,
  887  and visitors, each district school board and school district
  888  superintendent shall partner with law enforcement agencies or
  889  security agencies to establish or assign one or more safe-school
  890  officers at each school facility within the district, including
  891  charter schools. A district school board must collaborate with
  892  charter school governing boards to facilitate charter school
  893  access to all safe-school officer options available under this
  894  section. The school district may implement by implementing any
  895  combination of the following options in subsections (1)-(4) to
  896  best meet which best meets the needs of the school district and
  897  charter schools.:
  898         (1) SCHOOL RESOURCE OFFICER.—A school district may
  899  establish school resource officer programs, through a
  900  cooperative agreement with law enforcement agencies.
  901         (a) School resource officers shall undergo criminal
  902  background checks, drug testing, and a psychological evaluation
  903  and be certified law enforcement officers, as defined in s.
  904  943.10(1), who are employed by a law enforcement agency as
  905  defined in s. 943.10(4). The powers and duties of a law
  906  enforcement officer shall continue throughout the employee’s
  907  tenure as a school resource officer.
  908         (b) School resource officers shall abide by district school
  909  board policies and shall consult with and coordinate activities
  910  through the school principal, but shall be responsible to the
  911  law enforcement agency in all matters relating to employment,
  912  subject to agreements between a district school board and a law
  913  enforcement agency. Activities conducted by the school resource
  914  officer which are part of the regular instructional program of
  915  the school shall be under the direction of the school principal.
  916         (c) Complete mental health crisis intervention training
  917  using a curriculum developed by a national organization with
  918  expertise in mental health crisis intervention. The training
  919  shall improve officers’ knowledge and skills as first responders
  920  to incidents involving students with emotional disturbance or
  921  mental illness, including de-escalation skills to ensure student
  922  and officer safety.
  923         (2) SCHOOL SAFETY OFFICER.—A school district may commission
  924  one or more school safety officers for the protection and safety
  925  of school personnel, property, and students within the school
  926  district. The district school superintendent may recommend, and
  927  the district school board may appoint, one or more school safety
  928  officers.
  929         (a) School safety officers shall undergo criminal
  930  background checks, drug testing, and a psychological evaluation
  931  and be law enforcement officers, as defined in s. 943.10(1),
  932  certified under the provisions of chapter 943 and employed by
  933  either a law enforcement agency or by the district school board.
  934  If the officer is employed by the district school board, the
  935  district school board is the employing agency for purposes of
  936  chapter 943, and must comply with the provisions of that
  937  chapter.
  938         (b) A school safety officer has and shall exercise the
  939  power to make arrests for violations of law on district school
  940  board property and to arrest persons, whether on or off such
  941  property, who violate any law on such property under the same
  942  conditions that deputy sheriffs are authorized to make arrests.
  943  A school safety officer has the authority to carry weapons when
  944  performing his or her official duties.
  945         (c) A district school board may enter into mutual aid
  946  agreements with one or more law enforcement agencies as provided
  947  in chapter 23. A school safety officer’s salary may be paid
  948  jointly by the district school board and the law enforcement
  949  agency, as mutually agreed to.
  950         (3) SCHOOL GUARDIAN.At the school district’s or the
  951  charter school governing board’s discretion, as applicable,
  952  pursuant to s. 30.15, a school district or charter school
  953  governing board may participate in the Coach Aaron Feis Guardian
  954  Program if such program is established pursuant to s. 30.15, to
  955  meet the requirement of establishing a safe-school officer. The
  956  following individuals may serve as a school guardian, in support
  957  of school-sanctioned activities for purposes of s. 790.115, upon
  958  satisfactory completion of the requirements under s. 30.15(1)(k)
  959  and certification by a sheriff:
  960         (a) A school district employee or personnel, as defined
  961  under s. 1012.01, or a charter school employee, as provided
  962  under s. 1002.33(12)(a), who volunteers to serve as a school
  963  guardian in addition to his or her official job duties; or
  964         (b) An employee of a school district or a charter school
  965  who is hired for the specific purpose of serving as a school
  966  guardian.
  967         (4)SCHOOL SECURITY GUARD.—A school district or charter
  968  school governing board may contract with a security agency as
  969  defined in s. 493.6101(18) to employ as a school security guard
  970  an individual who holds a Class “D” and Class “G” license
  971  pursuant to chapter 493, provided the following training and
  972  contractual conditions are met:
  973         (a) An individual who serves as a school security guard,
  974  for purposes of satisfying the requirements of this section,
  975  must:
  976         1. Demonstrate completion of 144 hours of required training
  977  pursuant to s. 30.15(1)(k)2.
  978         2. Pass a psychological evaluation administered by a
  979  psychologist licensed under chapter 490 and designated by the
  980  Department of Law Enforcement and submit the results of the
  981  evaluation to the sheriff’s office, school district, or charter
  982  school governing board, as applicable. The Department of Law
  983  Enforcement is authorized to provide the sheriff’s office,
  984  school district, or charter school governing board with mental
  985  health and substance abuse data for compliance with this
  986  paragraph.
  987         3. Submit to and pass an initial drug test and subsequent
  988  random drug tests in accordance with the requirements of s.
  989  112.0455 and the sheriff’s office, school district, or charter
  990  school governing board, as applicable.
  991         4. Successfully complete ongoing training, weapon
  992  inspection, and firearm qualification on at least an annual
  993  basis and provide documentation to the sheriff’s office, school
  994  district, or charter school governing board, as applicable.
  995         (b)The contract between a security agency and a school
  996  district or a charter school governing board regarding
  997  requirements applicable to school security guards serving in the
  998  capacity of a safe-school officer for purposes of satisfying the
  999  requirements of this section shall define the entity or entities
 1000  responsible for training and the responsibilities for
 1001  maintaining records relating to training, inspection, and
 1002  firearm qualification.
 1003         (c) School security guards serving in the capacity of a
 1004  safe-school officer pursuant to this subsection are in support
 1005  of school-sanctioned activities for purposes of s. 790.115, and
 1006  must aid in the prevention or abatement of active assailant
 1007  incidents on school premises.
 1008         (5) NOTIFICATION.—The school district shall notify the
 1009  county sheriff and the Office of Safe Schools immediately after,
 1010  but no later than 72 hours after:
 1011         (a) A safe-school officer is dismissed for misconduct or is
 1012  otherwise disciplined.
 1013         (b) A safe-school officer discharges his or her firearm in
 1014  the exercise of the safe-school officer’s duties, other than for
 1015  training purposes.
 1016         (6)(4)EXEMPTION.—Any information that would identify
 1017  whether a particular individual has been appointed as a safe
 1018  school officer pursuant to this section held by a law
 1019  enforcement agency, school district, or charter school is exempt
 1020  from s. 119.07(1) and s. 24(a), Art. I of the State
 1021  Constitution. This subsection is subject to the Open Government
 1022  Sunset Review Act in accordance with s. 119.15 and shall stand
 1023  repealed on October 2, 2023, unless reviewed and saved from
 1024  repeal through reenactment by the Legislature.
 1025  
 1026  If a district school board, through its adopted policies,
 1027  procedures, or actions, denies a charter school access to any
 1028  safe-school officer options pursuant to this section, the school
 1029  district must assign a school resource officer or school safety
 1030  officer to the charter school. Under such circumstances, the
 1031  charter school’s share of the costs of the school resource
 1032  officer or school safety officer may not exceed the safe school
 1033  allocation funds provided to the charter school pursuant to s.
 1034  1011.62(15) and shall be retained by the school district.
 1035         Section 12. Subsection (1), paragraphs (a), (b), and (c) of
 1036  subsection (2), and subsection (4) of section 1006.13, Florida
 1037  Statutes, are amended to read:
 1038         1006.13 Policy of zero tolerance for crime and
 1039  victimization.—
 1040         (1) District school boards shall promote a safe and
 1041  supportive learning environment in schools by protecting
 1042  students and staff from conduct that poses a serious threat to
 1043  school safety. A threat assessment team may use alternatives to
 1044  expulsion or referral to law enforcement agencies to address
 1045  disruptive behavior through restitution, civil citation, teen
 1046  court, neighborhood restorative justice, or similar programs.
 1047  Zero-tolerance policies may not be rigorously applied to petty
 1048  acts of misconduct and misdemeanors, including, but not limited
 1049  to, minor fights or disturbances. Zero-tolerance policies must
 1050  apply equally to all students regardless of their economic
 1051  status, race, or disability.
 1052         (2) Each district school board shall adopt a policy of zero
 1053  tolerance that:
 1054         (a) Defines criteria for reporting to a law enforcement
 1055  agency any act that poses a threat to school safety that occurs
 1056  whenever or wherever students are within the jurisdiction of the
 1057  district school board.
 1058         (b) Defines acts that pose a serious threat to school
 1059  safety.
 1060         (c) Defines petty acts of misconduct which are not a threat
 1061  to school safety and do not require consultation with law
 1062  enforcement.
 1063         (4)(a) Each district school board shall enter into
 1064  agreements with the county sheriff’s office and local police
 1065  department specifying guidelines for ensuring that acts that
 1066  pose a serious threat to school safety, whether committed by a
 1067  student or adult, are reported to a law enforcement agency.
 1068         (b) The agreements must include the role of school resource
 1069  officers, if applicable, in handling reported incidents,
 1070  circumstances in which school officials may handle incidents
 1071  without filing a report with a law enforcement agency, and a
 1072  procedure requiring for ensuring that school personnel to
 1073  consult with school resource officers concerning properly report
 1074  appropriate delinquent acts and crimes.
 1075         (c)Zero-tolerance policies do not require the reporting of
 1076  petty acts of misconduct and misdemeanors to a law enforcement
 1077  agency, including, but not limited to, disorderly conduct,
 1078  simple assault or battery, affray, theft of less than $300,
 1079  trespassing, and vandalism of less than $1,000. However, if a
 1080  student commits more than one misdemeanor, the threat assessment
 1081  team must consult with law enforcement to determine if the act
 1082  should be reported to law enforcement.
 1083         (c)(d) The school principal shall notify ensure that all
 1084  school personnel are properly informed as to their
 1085  responsibilities regarding incident crime reporting, that
 1086  appropriate delinquent acts which pose a threat to school safety
 1087  and crimes are properly reported to the school principal, or his
 1088  or her designee, and that the disposition of the incident is
 1089  actions taken in cases with special circumstances are properly
 1090  taken and documented.
 1091         Section 13. Section 1006.1493, Florida Statutes, is amended
 1092  to read:
 1093         1006.1493 Florida Safe Schools Assessment Tool.—
 1094         (1) The department, through the Office of Safe Schools
 1095  pursuant s. 1001.212, shall contract with a security consulting
 1096  firm that specializes in the development of risk assessment
 1097  software solutions and has experience in conducting security
 1098  assessments of public facilities to develop, update, and
 1099  implement a risk assessment tool, which shall be known as the
 1100  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
 1101  the primary physical site security assessment tool as revised
 1102  and required by the Office of Safe Schools which is used by
 1103  school officials at each school district and public school site
 1104  in the state in conducting security assessments for use by
 1105  school officials at each school district and public school site
 1106  in the state.
 1107         (2) The FSSAT must help school officials identify threats,
 1108  vulnerabilities, and appropriate safety controls for the schools
 1109  that they supervise, pursuant to the security risk assessment
 1110  requirements of s. 1006.07(6).
 1111         (a) At a minimum, the FSSAT must address all of the
 1112  following components:
 1113         1. School emergency and crisis preparedness planning;
 1114         2. Security, crime, and violence prevention policies and
 1115  procedures;
 1116         3. Physical security measures;
 1117         4. Professional development training needs;
 1118         5. An examination of support service roles in school
 1119  safety, security, and emergency planning;
 1120         6. School security and school police staffing, operational
 1121  practices, and related services;
 1122         7. School and community collaboration on school safety; and
 1123         8. A return on investment analysis of the recommended
 1124  physical security controls.
 1125         (b) The department shall require by contract that the
 1126  security consulting firm:
 1127         1. Generate written automated reports on assessment
 1128  findings for review by the department and school and district
 1129  officials;
 1130         2. Provide training to the department and school officials
 1131  in the use of the FSSAT and other areas of importance identified
 1132  by the department; and
 1133         3. Advise in the development and implementation of
 1134  templates, formats, guidance, and other resources necessary to
 1135  facilitate the implementation of this section at state,
 1136  district, school, and local levels; and.
 1137         4.Review recommendations of the School Hardening and Harm
 1138  Mitigation Workgroup established under s. 1001.212(11) to
 1139  address physical security measures identified by the FSSAT.
 1140         (3) The Office of Safe Schools shall make the FSSAT
 1141  available no later than May 1 of each year. The office must
 1142  provide annual training to each district’s school safety
 1143  specialist and other appropriate school district personnel on
 1144  the assessment of physical site security and completing the
 1145  FSSAT.
 1146         (4)By December 1 of each year, By December 1, 2018, and
 1147  annually by that date thereafter, the department shall must
 1148  report to the Governor, the President of the Senate, and the
 1149  Speaker of the House of Representatives on the status of
 1150  implementation across school districts and schools. The report
 1151  must include a summary of the positive school safety measures in
 1152  place at the time of the assessment and any recommendations for
 1153  policy changes or funding needed to facilitate continued school
 1154  safety planning, improvement, and response at the state,
 1155  district, or school levels.
 1156         (5)(4) In accordance with ss. 119.071(3)(a) and 281.301,
 1157  data and information related to security risk assessments
 1158  administered pursuant to this section and s. 1006.07(6) and the
 1159  security information contained in the annual report required
 1160  pursuant to subsection (4) subsection (3) are confidential and
 1161  exempt from public records requirements.
 1162         Section 14. Subsection (15) of section 1011.62, Florida
 1163  Statutes, is amended to read:
 1164         1011.62 Funds for operation of schools.—If the annual
 1165  allocation from the Florida Education Finance Program to each
 1166  district for operation of schools is not determined in the
 1167  annual appropriations act or the substantive bill implementing
 1168  the annual appropriations act, it shall be determined as
 1169  follows:
 1170         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1171  created to provide funding to assist school districts in their
 1172  compliance with ss. 1006.07-1006.12 s. 1006.07, with priority
 1173  given to safe-school officers implementing the district’s school
 1174  resource officer program pursuant to s. 1006.12. Each school
 1175  district shall receive a minimum safe schools allocation in an
 1176  amount provided in the General Appropriations Act. Of the
 1177  remaining balance of the safe schools allocation, two-thirds
 1178  shall be allocated to school districts based on the most recent
 1179  official Florida Crime Index provided by the Department of Law
 1180  Enforcement and one-third shall be allocated based on each
 1181  school district’s proportionate share of the state’s total
 1182  unweighted full-time equivalent student enrollment. Any
 1183  additional funds appropriated to this allocation in the 2018
 1184  2019 fiscal year must to the school resource officer program
 1185  established pursuant to s. 1006.12 shall be used exclusively for
 1186  employing or contracting for safe-school resource officers,
 1187  established or assigned under s. 1006.12 which shall be in
 1188  addition to the number of officers employed or contracted for in
 1189  the 2017-2018 fiscal year. This subsection applies retroactively
 1190  to July 1, 2018. The amendments to this subsection are intended
 1191  to be clarifying and remedial in nature.
 1192         Section 15. Effective July 1, 2019, paragraphs (b) and (c)
 1193  of subsection (6), subsection (15), as amended by this act, and
 1194  subsection (16) of section 1011.62, Florida Statutes, are
 1195  amended to read:
 1196         1011.62 Funds for operation of schools.—If the annual
 1197  allocation from the Florida Education Finance Program to each
 1198  district for operation of schools is not determined in the
 1199  annual appropriations act or the substantive bill implementing
 1200  the annual appropriations act, it shall be determined as
 1201  follows:
 1202         (6) CATEGORICAL FUNDS.—
 1203         (b) If a district school board finds and declares in a
 1204  resolution adopted at a regular meeting of the school board that
 1205  the funds received for any of the following categorical
 1206  appropriations are urgently needed to maintain school board
 1207  specified academic classroom instruction or improve school
 1208  safety, the school board may consider and approve an amendment
 1209  to the school district operating budget transferring the
 1210  identified amount of the categorical funds to the appropriate
 1211  account for expenditure:
 1212         1. Funds for student transportation.
 1213         2. Funds for research-based reading instruction if the
 1214  required additional hour of instruction beyond the normal school
 1215  day for each day of the entire school year has been provided for
 1216  the students in each low-performing elementary school in the
 1217  district pursuant to paragraph (9)(a).
 1218         3. Funds for instructional materials if all instructional
 1219  material purchases necessary to provide updated materials that
 1220  are aligned with applicable state standards and course
 1221  descriptions and that meet statutory requirements of content and
 1222  learning have been completed for that fiscal year, but no sooner
 1223  than March 1. Funds available after March 1 may be used to
 1224  purchase hardware for student instruction.
 1225         4.Funds for the guaranteed allocation as provided in
 1226  subparagraph (1)(e)2.
 1227         5.Funds for the supplemental academic instruction
 1228  allocation as provided in paragraph (1)(f).
 1229         6. Funds for the Florida digital classrooms allocation as
 1230  provided in subsection (12).
 1231         7. Funds for the federally connected student supplement as
 1232  provided in subsection (13).
 1233         8. Funds for class size reduction as provided in s.
 1234  1011.685.
 1235         (c) Each district school board shall include in its annual
 1236  financial report to the Department of Education the amount of
 1237  funds the school board transferred from each of the categorical
 1238  funds identified in this subsection and the specific academic
 1239  classroom instruction or school safety need for which the
 1240  transferred funds were expended. The Department of Education
 1241  shall provide instructions and specify the format to be used in
 1242  submitting this required information as a part of the district
 1243  annual financial report. The Department of Education shall
 1244  submit a report to the Legislature that identifies by district
 1245  and by categorical fund the amount transferred and the specific
 1246  academic classroom activity or school safety need for which the
 1247  funds were expended.
 1248         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1249  created to provide funding to assist school districts in their
 1250  compliance with ss. 1006.07-1006.12, with priority given to
 1251  safe-school officers pursuant to s. 1006.12. Each school
 1252  district shall receive a minimum safe schools allocation in an
 1253  amount provided in the General Appropriations Act. Of the
 1254  remaining balance of the safe schools allocation, one-third two
 1255  thirds shall be allocated to school districts based on the most
 1256  recent official Florida Crime Index provided by the Department
 1257  of Law Enforcement and two-thirds one-third shall be allocated
 1258  based on each school district’s proportionate share of the
 1259  state’s total unweighted full-time equivalent student
 1260  enrollment. Each school district must report to the Department
 1261  of Education by October 15 that all public schools within the
 1262  school district have completed the school security risk
 1263  assessment using the Florida Safe Schools Assessment Tool
 1264  developed pursuant to s. 1006.1493. If a district school board
 1265  is required by s. 1006.12 to assign a school resource officer or
 1266  school safety officer to a charter school, the charter school’s
 1267  share of costs for such officer may not exceed the amount of
 1268  funds allocated to the charter school under this subsection Any
 1269  additional funds appropriated to this allocation in the 2018
 1270  2019 fiscal year must be used exclusively for employing or
 1271  contracting for safe-school officers, established or assigned
 1272  under s. 1006.12. This subsection applies retroactively to July
 1273  1, 2018. The amendments to this subsection are intended to be
 1274  clarifying and remedial in nature.
 1275         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1276  assistance allocation is created to provide funding to assist
 1277  school districts in establishing or expanding school-based
 1278  mental health care; train educators and other school staff in
 1279  detecting and responding to mental health issues; and connect
 1280  children, youth, and families who may experience behavioral
 1281  health issues with appropriate services. These funds shall be
 1282  allocated annually in the General Appropriations Act or other
 1283  law to each eligible school district. Each school district shall
 1284  receive a minimum of $100,000, with the remaining balance
 1285  allocated based on each school district’s proportionate share of
 1286  the state’s total unweighted full-time equivalent student
 1287  enrollment. Eligible Charter schools that submit a plan separate
 1288  from the school district are entitled to a proportionate share
 1289  of district funding. At least 90 percent of a district’s
 1290  allocation must be expended on the elements specified in
 1291  subparagraphs (b)1. and 2. The allocated funds may not supplant
 1292  funds that are provided for this purpose from other operating
 1293  funds and may not be used to increase salaries or provide
 1294  bonuses. School districts are encouraged to maximize third-party
 1295  third party health insurance benefits and Medicaid claiming for
 1296  services, where appropriate.
 1297         (a) Before the distribution of the allocation:
 1298         1. The school district must develop and submit a detailed
 1299  plan outlining the local program and planned expenditures to the
 1300  district school board for approval. This plan must include all
 1301  district schools, including charter schools, unless a charter
 1302  school elects to submit a plan independently from the school
 1303  district pursuant to subparagraph 2.
 1304         2. A charter school may must develop and submit a detailed
 1305  plan outlining the local program and planned expenditures to its
 1306  governing body for approval. After the plan is approved by the
 1307  governing body, it must be provided to the charter school’s
 1308  sponsor.
 1309         (b) The plans required under paragraph (a) must be focused
 1310  on a multi-tiered system of supports to deliver delivering
 1311  evidence-based mental health care assessment, diagnosis,
 1312  intervention, treatment, and recovery services to students with
 1313  one or more mental health or co-occurring substance abuse
 1314  diagnoses and to students at high risk of such diagnoses. The
 1315  provision of these services must be coordinated with a student’s
 1316  primary mental health care provider and with other mental health
 1317  providers involved in the student’s care. At a minimum, the
 1318  plans must treatment to children and include the following
 1319  elements:
 1320         1. Direct employment of school-based mental health services
 1321  providers to expand and enhance school-based student services
 1322  and to reduce the ratio of students to staff in order to better
 1323  align with nationally recommended ratio models. These providers
 1324  include, but are not limited to, certified school counselors,
 1325  school psychologists, school social workers, and other licensed
 1326  mental health professionals. The plan also must identify
 1327  strategies to increase the amount of time that school-based
 1328  student services personnel spend providing direct services to
 1329  students, which may include the review and revision of district
 1330  staffing resource allocations based on school or student mental
 1331  health assistance needs Provision of mental health assessment,
 1332  diagnosis, intervention, treatment, and recovery services to
 1333  students with one or more mental health or co-occurring
 1334  substance abuse diagnoses and students at high risk of such
 1335  diagnoses.
 1336         2. Contracts or interagency agreements with one or more
 1337  local community behavioral health providers or providers of
 1338  Community Action Team services to provide a behavioral health
 1339  staff presence and services at district schools. Services may
 1340  include, but are not limited to, mental health screenings and
 1341  assessments, individual counseling, family counseling, group
 1342  counseling, psychiatric or psychological services, trauma
 1343  informed care, mobile crisis services, and behavior
 1344  modification. These behavioral health services may be provided
 1345  on or off the school campus and may be supplemented by
 1346  telehealth Coordination of such services with a student’s
 1347  primary care provider and with other mental health providers
 1348  involved in the student’s care.
 1349         3. Policies and procedures, including contracts with
 1350  service providers, which will ensure that students who are
 1351  referred to a school-based or community-based mental health
 1352  service provider for mental health screening for the
 1353  identification of mental health concerns and ensure that the
 1354  assessment of students at risk for mental health disorders
 1355  occurs within 15 days of referral. School-based mental health
 1356  services must be initiated within 15 days after identification
 1357  and assessment, and support by community-based mental health
 1358  service providers for students who are referred for community
 1359  based mental health services must be initiated within 30 days
 1360  after the school or district makes a referral Direct employment
 1361  of such service providers, or a contract-based collaborative
 1362  effort or partnership with one or more local community mental
 1363  health programs, agencies, or providers.
 1364         4. Strategies or programs to reduce the likelihood of at
 1365  risk students developing social, emotional, or behavioral health
 1366  problems, depression, anxiety disorders, suicidal tendencies, or
 1367  substance use disorders.
 1368         5. Strategies to improve the early identification of
 1369  social, emotional, or behavioral problems or substance use
 1370  disorders, to improve the provision of early intervention
 1371  services, and to assist students in dealing with trauma and
 1372  violence.
 1373         (c) School districts shall submit approved plans, including
 1374  approved plans of each charter school in the district, to the
 1375  commissioner by August 1 of each fiscal year.
 1376         (d) Beginning September 30, 2019, and annually by September
 1377  30 thereafter, each school district shall submit to the
 1378  Department of Education a report on its program outcomes and
 1379  expenditures for the previous fiscal year that, at a minimum,
 1380  must include the number of each of the following:
 1381         1. Students who receive screenings or assessments.
 1382         2. Students who are referred to either school-based or
 1383  community-based providers for services or assistance.
 1384         3. Students who receive either school-based or community
 1385  based interventions, services, or assistance.
 1386         4. School-based and community-based mental health
 1387  providers, including licensure type, paid for from funds
 1388  provided through the allocation Direct employment service
 1389  providers employed by each school district.
 1390         5. Contract-based collaborative efforts or partnerships
 1391  with community mental health programs, agencies, or providers.
 1392         Section 16. For the purpose of incorporating the amendment
 1393  made by this act to section 843.08, Florida Statutes, in a
 1394  reference thereto, paragraph (b) of subsection (3) of section
 1395  921.0022, Florida Statutes, is reenacted to read:
 1396         921.0022 Criminal Punishment Code; offense severity ranking
 1397  chart.—
 1398         (3) OFFENSE SEVERITY RANKING CHART
 1399         (b) LEVEL 2
 1400  
 1401  FloridaStatute             FelonyDegree        Description        
 1402  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 1403  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 1404  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 1405  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 1406  590.28(1)                      3rd     Intentional burning of lands.
 1407  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 1408  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 1409  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 1410  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 1411  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 1412  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
 1413  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 1414  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 1415  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 1416  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 1417  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 1418  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 1419  817.60(5)                      3rd     Dealing in credit cards of another.
 1420  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 1421  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 1422  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 1423  831.01                         3rd     Forgery.                   
 1424  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 1425  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 1426  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 1427  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 1428  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 1429  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 1430  843.08                         3rd     False personation.         
 1431  893.13(2)(a)2.                 3rd     Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
 1432  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 1433  
 1434         Section 17. The Legislature finds that a proper and
 1435  legitimate state purpose is served when district school boards
 1436  are afforded options for the provision of safe-school officers
 1437  for the protection and safety of school personnel, property,
 1438  students, and visitors. School guardians must be available to
 1439  any district school board that chooses such an option.
 1440  Therefore, the Legislature determines and declares that this act
 1441  fulfills an important state interest.
 1442         Section 18. Except as otherwise expressly provided in this
 1443  act, this act shall take effect upon becoming a law.

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