Florida Senate - 2019 CS for SB 7030
By the Committees on Infrastructure and Security; and Education
596-03526-19 20197030c1
1 A bill to be entitled
2 An act relating to school safety and security;
3 amending s. 30.15, F.S.; requiring a sheriff to
4 establish a school guardian program under a certain
5 condition; removing the prohibition against classroom
6 teachers serving as school guardians; prohibiting
7 individuals from serving as school guardians unless
8 they are appointed by a superintendent; amending s.
9 843.08, F.S.; adding school guardians to the list of
10 officials the false personation of whom is prohibited
11 and subject to criminal penalties; making technical
12 changes; amending s. 943.082, F.S.; requiring school
13 districts to promote a mobile suspicious activity
14 reporting tool through specified mediums; amending s.
15 1001.10, F.S.; requiring the Commissioner of Education
16 to review recommendations from the School Hardening
17 and Harm Mitigation Workgroup; requiring the
18 commissioner to submit a summary to the Governor and
19 the Legislature by a specified date; providing
20 requirements for the summary; amending s. 1001.11,
21 F.S.; revising the duties of the commissioner to
22 include oversight of compliance with the safety and
23 security requirements of the Marjory Stoneman Douglas
24 High School Public Safety Act by specified persons and
25 entities; amending s. 1001.212, F.S.; requiring the
26 Office of Safe Schools to annually provide training
27 for specified personnel; requiring the office to
28 convene a School Hardening and Harm Mitigation
29 Workgroup; providing for membership and duties of the
30 workgroup; requiring the workgroup to submit a report
31 and recommendations to the commissioner; requiring the
32 office to provide technical assistance for school
33 safety incident reporting; requiring the office to
34 review and evaluate school district reports for
35 compliance; requiring a district school board to
36 withhold a superintendent’s salary in response to the
37 superintendent’s noncompliance; requiring the office
38 to develop a behavioral threat assessment instrument;
39 providing requirements for the instrument; requiring
40 the office to establish the Statewide Threat
41 Assessment Database Workgroup to make certain
42 recommendations relating to a statewide threat
43 assessment database; providing requirements for the
44 database; requiring the workgroup to report
45 recommendations to the office by a specified date;
46 providing requirements for such recommendations;
47 requiring the office to monitor school district and
48 public school, including charter schools, compliance
49 with requirements relating to school safety; requiring
50 the office to review and approve district school board
51 and charter school active assailant policies and
52 report deficiencies; amending s. 1002.33, F.S.;
53 requiring a charter school to comply with specified
54 provisions; amending s. 1006.04, F.S.; establishing
55 timeframes within which students with mental,
56 emotional, or behavioral disorders must be referred
57 for services; amending s. 1006.07, F.S.; requiring
58 that a school safety specialist be a school
59 administrator employed by the school district or a law
60 enforcement officer employed by the sheriff’s office
61 located in the school district; providing requirements
62 for a school safety specialist designated from a
63 sheriff’s office; providing that a school safety
64 specialist designated from a sheriff’s office remains
65 an employee of such office for certain purposes;
66 authorizing the sheriff and school superintendent to
67 determine by agreement the reimbursement of or sharing
68 of costs associated with employment of the law
69 enforcement officer as a school safety specialist;
70 requiring district school boards to adopt and submit
71 to the office an active assailant response policy;
72 requiring that the policy be recommended by the
73 district superintendent; requiring that any school
74 specific modifications to the policy be approved by
75 the district superintendents; requiring that certain
76 policies adopted by school districts include
77 procedures for behavioral threat assessments;
78 requiring threat assessment teams to utilize the
79 behavioral threat assessment instrument and the threat
80 assessment database developed by the office when they
81 become available; requiring district school boards to
82 adopt policies for accurate and timely reporting of
83 school environmental safety incidents; providing
84 penalties for noncompliance with such policies;
85 requiring the State Board of Education to adopt by
86 rule requirements for school environmental safety
87 incident reports; amending s. 1006.12, F.S.; requiring
88 a charter school governing board to partner with law
89 enforcement agencies to establish or assign a safe
90 school officer; expanding the categories of
91 individuals who may serve as school guardians;
92 amending s. 1006.1493, F.S.; requiring the Florida
93 Safe Schools Assessment Tool (FSSAT) to be the primary
94 site security assessment tool for school districts;
95 requiring the office to provide FSSAT training;
96 requiring the superintendent to certify FSSAT
97 assessments within a certain timeframe; providing
98 penalties for failure to comply with requirements;
99 deleting obsolete language; amending s. 1011.62, F.S.;
100 modifying the required use of funds in the safe
101 schools allocation; providing for retroactive
102 application; providing legislative intent; expanding,
103 as of a specified date, the categorical fund that may
104 be accessed to improve classroom instruction or
105 improve school safety; deleting obsolete language;
106 reenacting s. 921.0022(3)(b), F.S., relating to the
107 offense severity ranking chart of the Criminal
108 Punishment Code, to incorporate the amendment made to
109 s. 843.08, F.S., in a reference thereto; providing a
110 declaration of important state interest; providing an
111 effective date.
112
113 Be It Enacted by the Legislature of the State of Florida:
114
115 Section 1. Paragraph (k) of subsection (1) of section
116 30.15, Florida Statutes, is amended to read
117 30.15 Powers, duties, and obligations.—
118 (1) Sheriffs, in their respective counties, in person or by
119 deputy, shall:
120 (k) Establish, if the sheriff so chooses, a Coach Aaron
121 Feis Guardian Program to aid in the prevention or abatement of
122 active assailant incidents on school premises. However, if a
123 local school board has voted by a majority to implement such a
124 program, the sheriff in that county shall establish a program. A
125 school guardian may not has no authority to act in any law
126 enforcement capacity except to the extent necessary to prevent
127 or abate an active assailant incident on a school premises. A
128 Excluded from participating in the Coach Aaron Feis Guardian
129 Program are individuals who exclusively perform classroom duties
130 as classroom teachers as defined in s. 1012.01(2)(a). This
131 limitation does not apply to classroom teachers of a Junior
132 Reserve Officers’ Training Corps program, a current
133 servicemember, as defined in s. 250.01, or a current or former
134 law enforcement officer, as defined in s. 943.10(1), (6), or
135 (8). The sheriff who establishes a chooses to establish the
136 program shall certify appoint as school guardians, without the
137 power of arrest, school employees or contract employees, as
138 specified in s. 1006.12(3), who volunteer and who:
139 1. Hold a valid license issued under s. 790.06.
140 2. Complete 132 total hours of comprehensive firearm safety
141 and proficiency training conducted by Criminal Justice Standards
142 and Training Commission-certified instructors, which must
143 include:
144 a. Eighty hours of firearms instruction based on the
145 Criminal Justice Standards and Training Commission’s Law
146 Enforcement Academy training model, which must include at least
147 10 percent but no more than 20 percent more rounds fired than
148 associated with academy training. Program participants must
149 achieve an 85 percent pass rate on the firearms training.
150 b. Sixteen hours of instruction in precision pistol.
151 c. Eight hours of discretionary shooting instruction using
152 state-of-the-art simulator exercises.
153 d. Eight hours of instruction in active shooter or
154 assailant scenarios.
155 e. Eight hours of instruction in defensive tactics.
156 f. Twelve hours of instruction in legal issues.
157 3. Pass a psychological evaluation administered by a
158 psychologist licensed under chapter 490 and designated by the
159 Department of Law Enforcement and submit the results of the
160 evaluation to the sheriff’s office. The Department of Law
161 Enforcement is authorized to provide the sheriff’s office with
162 mental health and substance abuse data for compliance with this
163 paragraph.
164 4. Submit to and pass an initial drug test and subsequent
165 random drug tests in accordance with the requirements of s.
166 112.0455 and the sheriff’s office.
167 5. Successfully complete ongoing training, weapon
168 inspection, and firearm qualification on at least an annual
169 basis.
170 6. Successfully complete at least 12 hours of a certified
171 nationally recognized diversity training program.
172
173 The sheriff shall issue a school guardian certificate to
174 individuals who meet the requirements of this paragraph and
175 subparagraph 2. The sheriff shall maintain documentation of
176 weapon and equipment inspections, as well as the training,
177 certification, inspection, and qualification records of each
178 school guardian certified appointed by the sheriff. At a
179 superintendent’s discretion, any such certified school guardian
180 may be appointed to a school by its respective superintendent.
181 An individual may not serve as a school guardian in a school
182 unless he or she is appointed by the superintendent.
183 Section 2. Effective October 1, 2019, section 843.08,
184 Florida Statutes, is amended to read:
185 843.08 False personation.—A person who falsely assumes or
186 pretends to be a firefighter, a sheriff, an officer of the
187 Florida Highway Patrol, an officer of the Fish and Wildlife
188 Conservation Commission, a fire or arson investigator of the
189 Department of Financial Services, an officer of the Department
190 of Financial Services, an officer of the Department of
191 Corrections, a correctional probation officer, a deputy sheriff,
192 a state attorney or an assistant state attorney, a statewide
193 prosecutor or an assistant statewide prosecutor, a state
194 attorney investigator, a coroner, a police officer, a lottery
195 special agent or lottery investigator, a beverage enforcement
196 agent, a school guardian as described in s. 30.15(1)(k), a
197 security officer licensed under chapter 493 or watchman, or any
198 member of the Florida Commission on Offender Review or and any
199 administrative aide or supervisor employed by the commission, or
200 any personnel or representative of the Department of Law
201 Enforcement, or a federal law enforcement officer as defined in
202 s. 901.1505, and takes upon himself or herself to act as such,
203 or to require any other person to aid or assist him or her in a
204 matter pertaining to the duty of any such officer, commits a
205 felony of the third degree, punishable as provided in s.
206 775.082, s. 775.083, or s. 775.084. However, a person who
207 falsely personates any such officer during the course of the
208 commission of a felony commits a felony of the second degree,
209 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
210 If the commission of the felony results in the death or personal
211 injury of another human being, the person commits a felony of
212 the first degree, punishable as provided in s. 775.082, s.
213 775.083, or s. 775.084. The term “watchman” means a security
214 officer licensed under chapter 493.
215 Section 3. Subsection (4) of section 943.082, Florida
216 Statutes, is amended to read:
217 943.082 School Safety Awareness Program.—
218 (4)(a) Law enforcement dispatch centers, school districts,
219 schools, and other entities identified by the department must
220 shall be made aware of the mobile suspicious activity reporting
221 tool.
222 (b) The district school board shall promote the use of the
223 mobile suspicious activity reporting tool by advertising it on
224 the school district website, in newsletters, on school campuses,
225 and in school publications and by installing it on all computer
226 devices issued to students.
227 Section 4. Subsection (9) is added to section 1001.10,
228 Florida Statutes, to read:
229 1001.10 Commissioner of Education; general powers and
230 duties.—
231 (9) The commissioner shall review the report of the School
232 Hardening and Harm Mitigation Workgroup regarding hardening and
233 harm mitigation strategies and recommendations submitted by the
234 Office of Safe Schools, pursuant to s. 1001.212(12). By
235 September 1, 2019, the commissioner shall submit a summary of
236 such recommendations to the Governor, the President of the
237 Senate, and the Speaker of the House of Representatives. At a
238 minimum, the summary must include policy and funding
239 enhancements and the estimated costs of and timeframes for
240 implementation of the campus hardening and harm mitigation
241 strategies recommended by the workgroup.
242 Section 5. Subsection (9) of section 1001.11, Florida
243 Statutes, is added to read:
244 1001.11 Commissioner of Education; other duties.—
245 (9) The commissioner shall oversee compliance with the
246 safety and security requirements of the Marjory Stoneman Douglas
247 High School Public Safety Act, chapter 2018-03, Laws of Florida,
248 by school districts; district school superintendents; public
249 schools, including charter schools; and regional and state
250 entities. The commissioner must facilitate compliance to the
251 maximum extent provided under law, identify incidents of
252 noncompliance, and impose or recommend to the State Board of
253 Education, the Governor, or the Legislature enforcement and
254 sanctioning actions pursuant to s. 1008.32 and other authority
255 granted under law.
256 Section 6. Subsection (1) is amended, and subsections (12)
257 through (17) are added to section 1001.212, Florida Statutes, to
258 read:
259 1001.212 Office of Safe Schools.—There is created in the
260 Department of Education the Office of Safe Schools. The office
261 is fully accountable to the Commissioner of Education. The
262 office shall serve as a central repository for best practices,
263 training standards, and compliance oversight in all matters
264 regarding school safety and security, including prevention
265 efforts, intervention efforts, and emergency preparedness
266 planning. The office shall:
267 (1) Establish and update as necessary a school security
268 risk assessment tool for use by school districts pursuant to s.
269 1006.07(6). The office shall make the security risk assessment
270 tool available for use by charter schools. The office shall
271 provide annual training to appropriate school district and
272 charter school personnel on the proper assessment of physical
273 site security and completion of the school security risk
274 assessment tool.
275 (12)(a) Convene a School Hardening and Harm Mitigation
276 Workgroup comprised of individuals with subject matter expertise
277 on school campus hardening best practices. The workgroup shall
278 meet as necessary to review school hardening and harm mitigation
279 policies including, but not limited to, the target hardening
280 practices implemented in other states; the school safety
281 guidelines developed by organizations such as the Partner
282 Alliance for Safer Schools; the tiered approach to target campus
283 hardening strategies identified in the initial report submitted
284 by the Marjory Stoneman Douglas High School Public Safety
285 Commission pursuant to s. 943.687(9); and the Florida Building
286 Code for educational facilities construction to determine
287 whether the building code may need to be modified to strengthen
288 school safety and security. Based on this review of school
289 safety best practices, by August 1, 2019, the workgroup shall
290 submit a report to the executive director of the office, which
291 includes, at a minimum:
292 1. A prioritized list for the implementation of school
293 campus hardening and harm mitigation strategies and the
294 estimated costs of and timeframes for implementation of the
295 strategies by school districts and charter schools. The
296 estimated costs must include regional and statewide projections
297 of the implementation costs.
298 2. Recommendations for policy and funding enhancements to
299 strengthen school safety and security.
300 (b) Submit to the commissioner:
301 1. The workgroup’s report pursuant to paragraph (a); and
302 2. Recommendations regarding procedures for the office to
303 use to monitor and enforce compliance by the school districts
304 and charter schools in the implementation of the workgroup’s
305 recommended campus hardening and harm mitigation strategies.
306 (13) Provide technical assistance to school districts and
307 charter school governing boards for school environmental safety
308 incident reporting as required under s. 1006.07(9). The office
309 shall review and evaluate school district reports to ensure
310 compliance with reporting requirements. Upon notification by the
311 department that a superintendent has failed to comply with the
312 requirements of s. 1006.07(9), the district school board shall
313 withhold further payment of his or her salary as authorized
314 under s. 1001.42(13)(b) and impose other appropriate sanctions
315 that the commissioner or state board by law may impose.
316 (14) By August 1, 2019, develop a standardized, statewide
317 behavioral threat assessment instrument for use by all public
318 schools, including charter schools, which addresses early
319 identification, evaluation, early intervention, and student
320 support.
321 (a) The standardized, statewide behavioral threat
322 assessment instrument must include, but need not be limited to,
323 components and forms that address:
324 1. An assessment of the threat, which includes an
325 assessment of the student, family, and school and social
326 dynamics.
327 2. An evaluation to determine if the threat is transient or
328 substantive.
329 3. The response to a substantive threat, which includes the
330 school response and the role of law enforcement agencies.
331 4. The response to a serious substantive threat, including
332 mental health and law enforcement referrals.
333 5. Ongoing monitoring to assess implementation of safety
334 strategies.
335 6. Training for members of threat assessment teams
336 established under s. 1006.07(7) and school administrators
337 regarding the use of the instrument.
338 (b) The office shall:
339 1. By August 1, 2020, evaluate each school district’s
340 behavioral threat assessment procedures for compliance with this
341 subsection.
342 2. Notify the district school superintendent if the school
343 district behavioral threat assessment is not in compliance with
344 this subsection.
345 3. Report any issues of ongoing noncompliance with this
346 subsection to the district school superintendent, commissioner,
347 and state board.
348 (15) Establish the Statewide Threat Assessment Database
349 Workgroup, comprised of members appointed by the department, to
350 make recommendations regarding the development of a statewide
351 threat assessment database. The database must allow authorized
352 public school personnel to enter information related to any
353 threat assessment conducted at their respective schools using
354 the instrument developed by the office pursuant to subsection
355 (14), and must provide such information to authorized personnel
356 in each school district and public school and to appropriate
357 stakeholders. By December 31, 2019, the workgroup shall provide
358 a report to the office with recommendations that include, but
359 need not be limited to:
360 (a) Threat assessment data that should be required to be
361 entered into the database.
362 (b) School district and public school personnel who should
363 be allowed to input student records to the database and view
364 such records.
365 (c) Database design and functionality, to include data
366 security.
367 (d) Restrictions and authorities on information sharing,
368 including:
369 1. Section 1002.22 and other applicable state laws.
370 2. The Family Educational Rights and Privacy Act (FERPA),
371 20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
372 Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
373 45 C.F.R. part 164, subpart E; and other applicable federal
374 laws.
375 3. The appropriateness of interagency agreements that will
376 allow law enforcement to view database records.
377 (e) The cost to develop and maintain a statewide online
378 database.
379 (f) An implementation plan and timeline for the workgroup
380 recommendations.
381 (16) Monitor compliance with requirements relating to
382 school safety by school districts and public schools, including
383 charter schools. The office shall report incidents of
384 noncompliance to the commissioner pursuant to 1001.11(9) and the
385 state board pursuant to s. 1008.32 and other requirements of
386 law, as appropriate.
387 (17) Review and approve each district school board’s and
388 charter school governing board’s active assailant response
389 policy submitted pursuant to ss. 1006.07(6)(c) and
390 1002.33(16)(b). The office shall report any policy deficiencies
391 or issues of noncompliance to the commissioner pursuant to
392 1001.11(9) and the state board pursuant to s. 1008.32 and other
393 requirements of law, as appropriate.
394 Section 7. Paragraph (b) of subsection (16) of section
395 1002.33, Florida Statutes, is amended, to read:
396 1002.33 Charter schools.—
397 (16) EXEMPTION FROM STATUTES.—
398 (b) Additionally, a charter school shall be in compliance
399 with the following statutes:
400 1. Section 286.011, relating to public meetings and
401 records, public inspection, and criminal and civil penalties.
402 2. Chapter 119, relating to public records.
403 3. Section 1003.03, relating to the maximum class size,
404 except that the calculation for compliance pursuant to s.
405 1003.03 shall be the average at the school level.
406 4. Section 1012.22(1)(c), relating to compensation and
407 salary schedules.
408 5. Section 1012.33(5), relating to workforce reductions.
409 6. Section 1012.335, relating to contracts with
410 instructional personnel hired on or after July 1, 2011.
411 7. Section 1012.34, relating to the substantive
412 requirements for performance evaluations for instructional
413 personnel and school administrators.
414 8. Section 1006.12, relating to safe-school officers.
415 9. Section 1006.07(7), relating to threat assessment teams.
416 10. Section 1006.07(9), relating to School Environmental
417 Safety Incident Reporting.
418 11. Section 1006.1493, relating to Florida Safe School
419 Assessment Tool.
420 12. Section 1006.07(6)(c), relating to adopting an active
421 assailant response policy.
422 13. Section 943.082(4)(b), relating to the mobile
423 suspicious activity reporting tool.
424 14. Section 1012.584, relating to youth mental health
425 awareness and assistance training.
426 Section 8. Paragraph (c) of subsection (1) of section
427 1006.04, Florida Statutes, is amended to read:
428 1006.04 Educational multiagency services for students with
429 severe emotional disturbance.—
430 (1)
431 (c) The multiagency network shall:
432 1. Support and represent the needs of students in each
433 school district in joint planning with fiscal agents of
434 children’s mental health funds, including the expansion of
435 school-based mental health services, transition services, and
436 integrated education and treatment programs.
437 2. Improve coordination of services for children with or at
438 risk of emotional or behavioral disabilities and their families:
439 a. By assisting multi-agency collaborative initiatives to
440 identify critical issues and barriers of mutual concern and
441 develop local response systems that increase home and school
442 connections and family engagement.
443 b. To provide that children who are referred for an
444 evaluation or screening to determine eligibility for services
445 receive the appropriate evaluation or screening within 45 days
446 after the referral. Students who are eligible for services, and
447 their families, must be provided a referral for the appropriate
448 services within 30 days after completion of the evaluation or
449 screening.
450 3. Increase parent and youth involvement and development
451 with local systems of care.
452 4. Facilitate student and family access to effective
453 services and programs for students with and at risk of emotional
454 or behavioral disabilities that include necessary educational,
455 residential, and mental health treatment services, enabling
456 these students to learn appropriate behaviors, reduce
457 dependency, and fully participate in all aspects of school and
458 community living.
459 Section 9. Subsection (6) and subsection (7) of section
460 1006.07, Florida Statutes, are amended, and subsection (9) is
461 added to that section, to read:
462 1006.07 District school board duties relating to student
463 discipline and school safety.—The district school board shall
464 provide for the proper accounting for all students, for the
465 attendance and control of students at school, and for proper
466 attention to health, safety, and other matters relating to the
467 welfare of students, including:
468 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
469 school superintendent shall establish policies and procedures
470 for the prevention of violence on school grounds, including the
471 assessment of and intervention with individuals whose behavior
472 poses a threat to the safety of the school community.
473 (a) Each district school superintendent shall designate a
474 school administrator as a school safety specialist for the
475 district. The school safety specialist must be a school
476 administrator employed by the school district or a law
477 enforcement officer employed by the sheriff’s office located in
478 the school district. Any school safety specialist designated
479 from the sheriff’s office must first be authorized and approved
480 by the sheriff employing the law enforcement officer. Any school
481 safety specialist designated from the sheriff’s office remains
482 the employee of the office for purposes of compensation,
483 insurance, workers’ compensation, and other benefits authorized
484 by law for a law enforcement officer employed by the sheriff’s
485 office. The sheriff and the school superintendent may determine
486 by agreement the reimbursement for such costs, or may share the
487 costs, associated with employment of the law enforcement officer
488 as a school safety specialist. The school safety specialist must
489 earn a certificate of completion of the school safety specialist
490 training provided by the Office of Safe Schools within 1 year
491 after appointment and is responsible for the supervision and
492 oversight for all school safety and security personnel,
493 policies, and procedures in the school district. The school
494 safety specialist shall:
495 1. Review policies and procedures for compliance with state
496 law and rules.
497 2. Provide the necessary training and resources to students
498 and school district staff in matters relating to youth mental
499 health awareness and assistance; emergency procedures, including
500 active shooter training; and school safety and security.
501 3. Serve as the school district liaison with local public
502 safety agencies and national, state, and community agencies and
503 organizations in matters of school safety and security.
504 4. Conduct a school security risk assessment in accordance
505 with s. 1006.1493 at each public school using the school
506 security risk assessment tool developed by the Office of Safe
507 Schools. Based on the assessment findings, the district’s school
508 safety specialist shall provide recommendations to the district
509 school board which identify strategies and activities that the
510 district school board should implement in order to improve
511 school safety and security. Annually, each district school board
512 must receive such findings and the school safety specialist’s
513 recommendations at a publicly noticed district school board
514 meeting to provide the public an opportunity to hear the
515 district school board members discuss and take action on the
516 findings and recommendations. Each school safety specialist
517 shall report such findings and school board action to the Office
518 of Safe Schools within 30 days after the district school board
519 meeting.
520 (b) Each school safety specialist shall coordinate with the
521 appropriate public safety agencies, as defined in s. 365.171,
522 that are designated as first responders to a school’s campus to
523 conduct a tour of such campus once every 3 years and provide
524 recommendations related to school safety. The recommendations by
525 the public safety agencies must be considered as part of the
526 recommendations by the school safety specialist pursuant to
527 paragraph (a).
528 (c) Each district school board must adopt a well-developed,
529 written, distributed, and trained upon active assailant response
530 policy, which must be recommended by the district
531 superintendent. The superintendent must approve any school
532 specific modifications to the district policy. Each district
533 school board’s active assailant response policy, including
534 school-specific modifications, must be submitted to the Office
535 of Safe Schools for approval pursuant to s. 1001.212(17) by
536 August 1, 2019.
537 (7) THREAT ASSESSMENT TEAMS.—Each district school board
538 shall adopt policies for the establishment of threat assessment
539 teams at each school whose duties include the coordination of
540 resources and assessment and intervention with individuals whose
541 behavior may pose a threat to the safety of school staff or
542 students consistent with the model policies developed by the
543 Office of Safe Schools. Such policies must shall include
544 procedures for referrals to mental health services identified by
545 the school district pursuant to s. 1012.584(4), when
546 appropriate, and procedures for behavioral threat assessments in
547 compliance with the instrument developed pursuant to s.
548 1001.212(14).
549 (a) A threat assessment team shall include persons with
550 expertise in counseling, instruction, school administration, and
551 law enforcement. The threat assessment teams shall identify
552 members of the school community to whom threatening behavior
553 should be reported and provide guidance to students, faculty,
554 and staff regarding recognition of threatening or aberrant
555 behavior that may represent a threat to the community, school,
556 or self. Upon the availability of the behavioral threat
557 assessment instrument developed pursuant to s. 1001.212(14), the
558 threat assessment team shall use that instrument.
559 (b) Upon a preliminary determination that a student poses a
560 threat of violence or physical harm to himself or herself or
561 others, a threat assessment team shall immediately report its
562 determination to the superintendent or his or her designee. The
563 superintendent or his or her designee shall immediately attempt
564 to notify the student’s parent or legal guardian. Nothing in
565 this subsection shall preclude school district personnel from
566 acting immediately to address an imminent threat.
567 (c) Upon a preliminary determination by the threat
568 assessment team that a student poses a threat of violence to
569 himself or herself or others or exhibits significantly
570 disruptive behavior or need for assistance, the threat
571 assessment team may obtain criminal history record information,
572 as provided in s. 985.047. A member of a threat assessment team
573 may not disclose any criminal history record information
574 obtained pursuant to this section or otherwise use any record of
575 an individual beyond the purpose for which such disclosure was
576 made to the threat assessment team.
577 (d) Notwithstanding any other provision of law, all state
578 and local agencies and programs that provide services to
579 students experiencing or at risk of an emotional disturbance or
580 a mental illness, including the school districts, school
581 personnel, state and local law enforcement agencies, the
582 Department of Juvenile Justice, the Department of Children and
583 Families, the Department of Health, the Agency for Health Care
584 Administration, the Agency for Persons with Disabilities, the
585 Department of Education, the Statewide Guardian Ad Litem Office,
586 and any service or support provider contracting with such
587 agencies, may share with each other records or information that
588 are confidential or exempt from disclosure under chapter 119 if
589 the records or information are reasonably necessary to ensure
590 access to appropriate services for the student or to ensure the
591 safety of the student or others. All such state and local
592 agencies and programs shall communicate, collaborate, and
593 coordinate efforts to serve such students.
594 (e) If an immediate mental health or substance abuse crisis
595 is suspected, school personnel shall follow policies established
596 by the threat assessment team to engage behavioral health crisis
597 resources. Behavioral health crisis resources, including, but
598 not limited to, mobile crisis teams and school resource officers
599 trained in crisis intervention, shall provide emergency
600 intervention and assessment, make recommendations, and refer the
601 student for appropriate services. Onsite school personnel shall
602 report all such situations and actions taken to the threat
603 assessment team, which shall contact the other agencies involved
604 with the student and any known service providers to share
605 information and coordinate any necessary followup actions.
606 (f) Each threat assessment team established pursuant to
607 this subsection shall report quantitative data on its activities
608 to the Office of Safe Schools in accordance with guidance from
609 the office and shall utilize the threat assessment database
610 developed pursuant to s. 1001.212(15) upon the availability of
611 the database.
612 (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
613 district school board shall adopt policies to ensure the
614 accurate and timely reporting of incidents related to school
615 safety and discipline. The district school superintendent is
616 responsible for school environmental safety incident reporting.
617 A district school superintendent who fails to comply with this
618 subsection is subject to the penalties specified in law,
619 including, but not limited to, s. 1001.42(13)(b) or s.
620 1001.51(12)(b), as applicable. The State Board of Education
621 shall adopt rules establishing the requirements for the school
622 environmental safety incident report.
623 Section 10. Section 1006.12, Florida Statutes, is amended
624 to read:
625 1006.12 Safe-school officers at each public school.—For the
626 protection and safety of school personnel, property, students,
627 and visitors, each district school board, and school district
628 superintendent, and charter school governing board, as
629 applicable, shall partner with law enforcement agencies to
630 establish or assign one or more safe-school officers at each
631 school facility within the district by implementing any
632 combination of the following options which best meets the needs
633 of the school district:
634 (1) Establish school resource officer programs, through a
635 cooperative agreement with law enforcement agencies.
636 (a) School resource officers shall undergo criminal
637 background checks, drug testing, and a psychological evaluation
638 and be certified law enforcement officers, as defined in s.
639 943.10(1), who are employed by a law enforcement agency as
640 defined in s. 943.10(4). The powers and duties of a law
641 enforcement officer shall continue throughout the employee’s
642 tenure as a school resource officer.
643 (b) School resource officers shall abide by district school
644 board policies and shall consult with and coordinate activities
645 through the school principal, but shall be responsible to the
646 law enforcement agency in all matters relating to employment,
647 subject to agreements between a district school board and a law
648 enforcement agency. Activities conducted by the school resource
649 officer which are part of the regular instructional program of
650 the school shall be under the direction of the school principal.
651 (c) Complete mental health crisis intervention training
652 using a curriculum developed by a national organization with
653 expertise in mental health crisis intervention. The training
654 shall improve officers’ knowledge and skills as first responders
655 to incidents involving students with emotional disturbance or
656 mental illness, including de-escalation skills to ensure student
657 and officer safety.
658 (2) Commission one or more school safety officers for the
659 protection and safety of school personnel, property, and
660 students within the school district. The district school
661 superintendent may recommend, and the district school board may
662 appoint, one or more school safety officers.
663 (a) School safety officers shall undergo criminal
664 background checks, drug testing, and a psychological evaluation
665 and be law enforcement officers, as defined in s. 943.10(1),
666 certified under the provisions of chapter 943 and employed by
667 either a law enforcement agency or by the district school board.
668 If the officer is employed by the district school board, the
669 district school board is the employing agency for purposes of
670 chapter 943, and must comply with the provisions of that
671 chapter.
672 (b) A school safety officer has and shall exercise the
673 power to make arrests for violations of law on district school
674 board property and to arrest persons, whether on or off such
675 property, who violate any law on such property under the same
676 conditions that deputy sheriffs are authorized to make arrests.
677 A school safety officer has the authority to carry weapons when
678 performing his or her official duties.
679 (c) A district school board may enter into mutual aid
680 agreements with one or more law enforcement agencies as provided
681 in chapter 23. A school safety officer’s salary may be paid
682 jointly by the district school board and the law enforcement
683 agency, as mutually agreed to.
684 (3) At the school district’s, or charter school governing
685 board’s, discretion, participate in the Coach Aaron Feis
686 Guardian Program if such program is established pursuant to s.
687 30.15, to meet the requirement of establishing a safe-school
688 officer. The following individuals may serve as a school
689 guardian upon satisfactory completion of the requirements under
690 s. 30.15(1)(k) and certification by a sheriff:
691 (a) A school district employee or personnel, as defined
692 under s. 1012.01, or a charter school employee, as provided
693 under s. 1002.33(12)(a), who volunteers to serve as a school
694 guardian in addition to his or her official job duties;
695 (b) An employee of a school district or a charter school
696 who is hired for the specific purpose of serving as a school
697 guardian; or
698 (c) A contract employee licensed under s. 493.6301 who
699 works in the school district or for a charter school through a
700 contract with a security agency as that term is defined in s.
701 493.6101(18). Contract employees may receive school guardian
702 training through a participating sheriff’s office contingent
703 upon defined financial or service obligations by the security
704 agency enumerated in the contract between the school district or
705 the charter school governing board, as appropriate, and the
706 security agency.
707 (4) Any information that would identify whether a
708 particular individual has been appointed as a safe-school
709 officer pursuant to this section held by a law enforcement
710 agency, school district, or charter school is exempt from s.
711 119.07(1) and s. 24(a), Art. I of the State Constitution. This
712 subsection is subject to the Open Government Sunset Review Act
713 in accordance with s. 119.15 and shall stand repealed on October
714 2, 2023, unless reviewed and saved from repeal through
715 reenactment by the Legislature.
716 Section 11. Section 1006.1493, Florida Statutes, is amended
717 to read:
718 1006.1493 Florida Safe Schools Assessment Tool.—
719 (1) The department, through the Office of Safe Schools
720 pursuant s. 1001.212, shall contract with a security consulting
721 firm that specializes in the development of risk assessment
722 software solutions and has experience in conducting security
723 assessments of public facilities to develop, update, and
724 implement a risk assessment tool, which shall be known as the
725 Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
726 the primary physical site security assessment tool as revised
727 and required by the Office of Safe Schools that is used by
728 school officials at each school district and public school site
729 in the state in conducting security assessments for use by
730 school officials at each school district and public school site
731 in the state.
732 (2) The FSSAT must help school officials identify threats,
733 vulnerabilities, and appropriate safety controls for the schools
734 that they supervise, pursuant to the security risk assessment
735 requirements of s. 1006.07(6).
736 (a) At a minimum, the FSSAT must address all of the
737 following components:
738 1. School emergency and crisis preparedness planning;
739 2. Security, crime, and violence prevention policies and
740 procedures;
741 3. Physical security measures;
742 4. Professional development training needs;
743 5. An examination of support service roles in school
744 safety, security, and emergency planning;
745 6. School security and school police staffing, operational
746 practices, and related services;
747 7. School and community collaboration on school safety; and
748 8. A return on investment analysis of the recommended
749 physical security controls.
750 (b) The department shall require by contract that the
751 security consulting firm:
752 1. Generate written automated reports on assessment
753 findings for review by the department and school and district
754 officials;
755 2. Provide training to the department and school officials
756 in the use of the FSSAT and other areas of importance identified
757 by the department; and
758 3. Advise in the development and implementation of
759 templates, formats, guidance, and other resources necessary to
760 facilitate the implementation of this section at state,
761 district, school, and local levels.
762 (3) The Office of Safe Schools must provide annual training
763 to each district’s school safety specialist and other
764 appropriate school district personnel on the assessment of
765 physical site security and completing the FSSAT.
766 (4) Each district school superintendent, by August 1 of
767 each year, shall submit an FSSAT assessment to the department
768 for each school site. Each school-specific assessment must be
769 approved by the district superintendent or his or her designee,
770 who must be the district’s school safety specialist or a deputy
771 superintendent or assistant superintendent. Any superintendent
772 who fails to comply with the requirements of this subsection is
773 subject to penalties under s. 1001.51(12)(b) and other sanctions
774 that may be applied by the commissioner or state board.
775 (5) By December 1 of each year, By December 1, 2018, and
776 annually by that date thereafter, the department shall must
777 report to the Governor, the President of the Senate, and the
778 Speaker of the House of Representatives on the status of
779 implementation across school districts and schools. The report
780 must include a summary of the positive school safety measures in
781 place at the time of the assessment and any recommendations for
782 policy changes or funding needed to facilitate continued school
783 safety planning, improvement, and response at the state,
784 district, or school levels.
785 (6)(4) In accordance with ss. 119.071(3)(a) and 281.301,
786 data and information related to security risk assessments
787 administered pursuant to this section and s. 1006.07(6) and the
788 security information contained in the annual report required
789 pursuant to subsection (3) are confidential and exempt from
790 public records requirements.
791 Section 12. Subsection (15) of section 1011.62, Florida
792 Statutes, is amended to read:
793 1011.62 Funds for operation of schools.—If the annual
794 allocation from the Florida Education Finance Program to each
795 district for operation of schools is not determined in the
796 annual appropriations act or the substantive bill implementing
797 the annual appropriations act, it shall be determined as
798 follows:
799 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
800 created to provide funding to assist school districts in their
801 compliance with s. 1006.07, with priority given to implementing
802 the district’s school resource officer program pursuant to s.
803 1006.12. Each school district shall receive a minimum safe
804 schools allocation in an amount provided in the General
805 Appropriations Act. Of the remaining balance of the safe schools
806 allocation, two-thirds shall be allocated to school districts
807 based on the most recent official Florida Crime Index provided
808 by the Department of Law Enforcement and one-third shall be
809 allocated based on each school district’s proportionate share of
810 the state’s total unweighted full-time equivalent student
811 enrollment. Any additional funds appropriated to this allocation
812 in the 2018-2019 fiscal year must to the school resource officer
813 program established pursuant to s. 1006.12 shall be used
814 exclusively for employing or contracting for safe-school
815 resource officers, established or assigned under s. 1006.12
816 which shall be in addition to the number of officers employed or
817 contracted for in the 2017-2018 fiscal year. This subsection
818 applies retroactively to July 1, 2018. The amendments to this
819 subsection are intended to be clarifying and remedial in nature.
820 Section 13. Effective July 1, 2019, paragraph (b) of
821 subsection (6) of section 1011.62, Florida Statutes, and
822 subsection (15) of that section, as amended by this act, are
823 amended to read:
824 1011.62 Funds for operation of schools.—If the annual
825 allocation from the Florida Education Finance Program to each
826 district for operation of schools is not determined in the
827 annual appropriations act or the substantive bill implementing
828 the annual appropriations act, it shall be determined as
829 follows:
830 (6) CATEGORICAL FUNDS.—
831 (b) If a district school board finds and declares in a
832 resolution adopted at a regular meeting of the school board that
833 the funds received for any of the following categorical
834 appropriations are urgently needed to maintain school board
835 specified academic classroom instruction or improve school
836 safety, the school board may consider and approve an amendment
837 to the school district operating budget transferring the
838 identified amount of the categorical funds to the appropriate
839 account for expenditure:
840 1. Funds for student transportation.
841 2. Funds for research-based reading instruction if the
842 required additional hour of instruction beyond the normal school
843 day for each day of the entire school year has been provided for
844 the students in each low-performing elementary school in the
845 district pursuant to paragraph (9)(a).
846 3. Funds for instructional materials if all instructional
847 material purchases necessary to provide updated materials that
848 are aligned with applicable state standards and course
849 descriptions and that meet statutory requirements of content and
850 learning have been completed for that fiscal year, but no sooner
851 than March 1. Funds available after March 1 may be used to
852 purchase hardware for student instruction.
853 4. Funds for the guaranteed allocation as provided in
854 subparagraph (1)(e)2.
855 5. Funds for the supplemental academic instruction
856 allocation as provided in paragraph (1)(f).
857 6. Funds for Florida digital classrooms allocation as
858 provided in subsection (12).
859 7. Funds for the federally connected student supplement as
860 provided in subsection (13).
861 8. Funds for class size reduction as provided in s.
862 1011.685.
863 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
864 created to provide funding to assist school districts in their
865 compliance with s. 1006.07, with priority given to implementing
866 the district’s school resource officer program pursuant to s.
867 1006.12. Each school district shall receive a minimum safe
868 schools allocation in an amount provided in the General
869 Appropriations Act. Of the remaining balance of the safe schools
870 allocation, one-third two-thirds shall be allocated to school
871 districts based on the most recent official Florida Crime Index
872 provided by the Department of Law Enforcement and two-thirds
873 one-third shall be allocated based on each school district’s
874 proportionate share of the state’s total unweighted full-time
875 equivalent student enrollment. Any additional funds appropriated
876 to this allocation in the 2018-2019 fiscal year must be used
877 exclusively for employing or contracting for safe-school
878 officers, established or assigned under s. 1006.12. This
879 subsection applies retroactively to July 1, 2018. The amendments
880 to this subsection are intended to be clarifying and remedial in
881 nature.
882 Section 14. For the purpose of incorporating the amendment
883 made by this act to section 843.08, Florida Statutes, in a
884 reference thereto, paragraph (b) of subsection (3) of section
885 921.0022, Florida Statutes, is reenacted to read:
886 921.0022 Criminal Punishment Code; offense severity ranking
887 chart.—
888 (3) OFFENSE SEVERITY RANKING CHART
889 (b) LEVEL 2
890
891 FloridaStatute FelonyDegree Description
892 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
893 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
894 403.413(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.
895 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
896 590.28(1) 3rd Intentional burning of lands.
897 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
898 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
899 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
900 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
901 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
902 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
903 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
904 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
905 817.234(1)(a)2. 3rd False statement in support of insurance claim.
906 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
907 817.52(3) 3rd Failure to redeliver hired vehicle.
908 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
909 817.60(5) 3rd Dealing in credit cards of another.
910 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
911 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
912 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
913 831.01 3rd Forgery.
914 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
915 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
916 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
917 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
918 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
919 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
920 843.08 3rd False personation.
921 893.13(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.
922 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
923 Section 15. The Legislature finds that a proper and
924 legitimate state purpose is served when district school boards
925 are afforded options for the provision of safe-school officers
926 for the protection and safety of school personnel, property,
927 students, and visitors. School guardians must be available to
928 any district school board that chooses such an option.
929 Therefore, the Legislature determines and declares that this act
930 fulfills an important state interest.
931 Section 16. Except as otherwise expressly provided in this
932 act, this act shall take effect upon becoming a law.