Bill Text: FL S7030 | 2019 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implementation of Legislative Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission
Spectrum: Committee Bill
Status: (Passed) 2019-05-09 - Chapter No. 2019-22 [S7030 Detail]
Download: Florida-2019-S7030-Engrossed.html
Bill Title: Implementation of Legislative Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission
Spectrum: Committee Bill
Status: (Passed) 2019-05-09 - Chapter No. 2019-22 [S7030 Detail]
Download: Florida-2019-S7030-Engrossed.html
CS for CS for SB 7030 First Engrossed 20197030e1 1 A bill to be entitled 2 An act relating to implementation of legislative 3 recommendations of the Marjory Stoneman Douglas High 4 School Public Safety Commission; amending s. 30.15, 5 F.S.; requiring 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 toestablish, if the sheriff so212chooses,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 programA school guardianhas no authority toact in239any law enforcement capacity except to the extent necessary to240prevent or abate an active assailant incident on a school241premises. 242 2. AExcluded from participating in the Coach Aaron Feis243Guardian Program are individuals who exclusively perform244classroom duties as classroom teachers as defined in s.2451012.01(2)(a). This limitation does not apply to classroom246teachers of a Junior Reserve Officers’ Training Corps program, a247current servicemember, as defined in s. 250.01, or a current or248former law enforcement officer, as defined in s. 943.10(1), (6),249or (8).Thesheriff who establishes achooses to establishthe250 program shall consult with the Department of Law Enforcement on 251 programmatic guiding principles, practices, and resources, and 252 shall certifyappointas school guardians, without the power of 253 arrest, school employees, as specified in s. 1006.12(3), who 254volunteer 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. 2876. Successfully complete at least 12 hours of a certified288nationally 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 andsubparagraph 2.The sheriffshall maintain documentation of 294 weapon and equipment inspections, as well as the training, 295 certification, inspection, and qualification records of each 296 school guardian certifiedappointedby 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 493or watchman,orany 316 member of the Florida Commission on Offender Review orandany 317 administrative aide or supervisor employed by the commission,or318 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 security332officer 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 349shallbe 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 425December 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 from474public records requirements retains its exempt or confidential475and exempt status when incorporated into the centralized476integrated data repository.477(8)To maintain the confidentiality requirements attached478to the information provided to the centralized integrated data479repository by the various state and local agencies, data480governance and security shall ensure compliance with all481applicable state and federal data privacy requirements through482the use of user authorization and role-based security, data483anonymization and aggregation and auditing capabilities.484(9)To maintain the confidentiality requirements attached485to the information provided to the centralized integrated data486repository by the various state and local agencies, each source487agency providing data for the repository shall be the sole488custodian of the data for the purpose of any request for489inspection or copies thereof under chapter 119. The department490shall only allow access to data from the source agencies in491accordance 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 referralreferralsto 675 mental health services by the school districtthe student has676had, 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 designatea724school administrator asa 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 assessmentin759accordance with s. 1006.1493at each public school using the 760 Florida Safe Schools Assessment Toolschool security risk761assessment tooldeveloped 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. 768Annually,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 mustshallinclude 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 implementby implementingany 895 combination of thefollowingoptions in subsections (1)-(4) to 896 best meetwhich best meetsthe 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 Programif 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 aseriousthreat 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 misconductand misdemeanors, including, but not limited1049to, 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 aseriousthreat 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 aseriousthreat 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,1070circumstances in which school officials may handle incidents1071without filing a report with a law enforcement agency,and a 1072 procedure requiringfor ensuring thatschool personnel to 1073 consult with school resource officers concerningproperly report1074 appropriate delinquent acts and crimes. 1075(c)Zero-tolerance policies do not require the reporting of1076petty acts of misconduct and misdemeanors to a law enforcement1077agency, including, but not limited to, disorderly conduct,1078simple assault or battery, affray, theft of less than $300,1079trespassing, and vandalism of less than $1,000. However, if a1080student commits more than one misdemeanor, the threat assessment1081team must consult with law enforcement to determine if the act1082should be reported to law enforcement.1083 (c)(d)The school principal shall notifyensure thatall 1084 school personnelare properly informedas to their 1085 responsibilities regarding incidentcrimereporting, that 1086appropriate delinquentacts 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 1089actions taken in cases with special circumstances areproperly 1090taken anddocumented. 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 assessmentsfor use by1105school officials at each school district and public school site1106in 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; and1133 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, and1147annually by that date thereafter,the department shallmust1148 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. 1006.07-1006.12s. 1006.07, with priority 1173 given to safe-school officersimplementing the district’s school1174resource officer programpursuant 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 mustto the school resource officer program1185established pursuant to s. 1006.12shallbe used exclusively for 1186 employing or contracting for safe-schoolresourceofficers, 1187 established or assigned under s. 1006.12which shall be in1188addition to the number of officers employed or contracted for in1189the 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-thirdtwo1255thirdsshall 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-thirdsone-thirdshall 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 subsectionAny1269additional funds appropriated to this allocation in the 201812702019 fiscal yearmustbe used exclusively for employing or1271contracting forsafe-schoolofficers, established or assigned1272under s. 1006.12. This subsection applies retroactively to July12731, 2018. The amendments to this subsection are intended to be1274clarifying and remedial innature. 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.EligibleCharter 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’s1290allocation must be expended on the elements specified in1291subparagraphs (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 1295third partyhealth 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 maymustdevelop 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 deliverdelivering1311 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 musttreatment to children andinclude 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 needsProvision of mental health assessment,1332diagnosis, intervention, treatment, and recovery services to1333students with one or more mental health or co-occurring1334substance abuse diagnoses and students at high risk of such1335diagnoses. 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 telehealthCoordination of such services with a student’s1347primary care provider and with other mental health providers1348involved 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 referralDirect employment1361ofsuch service providers, or a contract-based collaborative1362effort or partnership with one or more local community mental1363health 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 allocationDirect employment service1389providers 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.