Florida Senate - 2019                                    SB 7030
       
       
        
       By the Committee on Education
       
       
       
       
       
       581-02354-19                                          20197030__
    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         943.082, F.S.; requiring school districts to promote a
   10         mobile suspicious activity reporting tool through
   11         specified mediums; amending s. 1001.10, F.S.;
   12         requiring the Commissioner of Education to review
   13         recommendations from the School Hardening and Harm
   14         Mitigation Workgroup; requiring the commissioner to
   15         submit a summary to the Governor and the Legislature
   16         by a specified date; providing requirements for the
   17         summary; amending s. 1001.11, F.S.; revising the
   18         duties of the commissioner to include oversight of
   19         compliance with the safety and security requirements
   20         of the Marjory Stoneman Douglas High School Public
   21         Safety Act by specified persons and entities; amending
   22         s. 1001.212, F.S.; requiring the Office of Safe
   23         Schools to annually provide training for specified
   24         personnel; requiring the office to convene a School
   25         Hardening and Harm Mitigation Workgroup; providing for
   26         membership and duties of the workgroup; requiring the
   27         workgroup to submit a report and recommendations to
   28         the commissioner; requiring the office to provide
   29         technical assistance for school safety incident
   30         reporting; requiring the office to review and evaluate
   31         school district reports for compliance; requiring a
   32         district school board to withhold a superintendent’s
   33         salary in response to the superintendent’s
   34         noncompliance; requiring the office to develop a
   35         behavioral threat assessment instrument; providing
   36         requirements for the instrument; requiring the office
   37         to establish the Statewide Threat Assessment Database
   38         Workgroup to make certain recommendations relating to
   39         a statewide threat assessment database; providing
   40         requirements for the database; requiring the workgroup
   41         to report recommendations to the office by a specified
   42         date; providing requirements for such recommendations;
   43         requiring the office to monitor school district and
   44         public school, including charter schools, compliance
   45         with requirements relating to school safety; requiring
   46         the office to review and approve district school board
   47         and charter school active assailant policies and
   48         report deficiencies; amending s. 1002.33, F.S.;
   49         requiring a charter school to comply with specified
   50         provisions; amending s. 1006.04, F.S.; establishing
   51         timeframes within which students with mental,
   52         emotional, or behavioral disorders must be referred
   53         for services; amending s. 1006.07, F.S.; requiring
   54         that a school safety specialist be a school
   55         administrator employed by the school district or a law
   56         enforcement officer employed by the sheriff’s office
   57         located in the school district; providing requirements
   58         for a school safety specialist designated from a
   59         sheriff’s office; providing that a school safety
   60         specialist designated from a sheriff’s office remains
   61         an employee of such office for certain purposes;
   62         authorizing the sheriff and school superintendent to
   63         determine by agreement the reimbursement of or sharing
   64         of costs associated with employment of the law
   65         enforcement officer as a school safety specialist;
   66         requiring district school boards to adopt and submit
   67         to the office an active assailant response policy;
   68         requiring that the policy be recommended by the
   69         district superintendent; requiring that any school
   70         specific modifications to the policy be approved by
   71         the district superintendents; requiring that certain
   72         policies adopted by school districts include
   73         procedures for behavioral threat assessments;
   74         requiring threat assessment teams to utilize the
   75         behavioral threat assessment instrument and the threat
   76         assessment database developed by the office when they
   77         become available; requiring district school boards to
   78         adopt policies for accurate and timely reporting of
   79         school environmental safety incidents; providing
   80         penalties for noncompliance with such policies;
   81         requiring the State Board of Education to adopt by
   82         rule requirements for school environmental safety
   83         incident reports; amending s. 1006.12, F.S.; requiring
   84         a charter school governing board to partner with law
   85         enforcement agencies to establish or assign a safe
   86         school officer; expanding the categories of
   87         individuals who may serve as school guardians;
   88         amending s. 1006.1493, F.S.; requiring the Florida
   89         Safe Schools Assessment Tool (FSSAT) to be the primary
   90         site security assessment tool for school districts;
   91         requiring the office to provide FSSAT training;
   92         requiring the superintendent to certify FSSAT
   93         assessments within a certain timeframe; providing
   94         penalties for failure to comply with requirements;
   95         deleting obsolete language; amending s. 1011.62, F.S.;
   96         modifying the required use of funds in the safe
   97         schools allocation; providing for retroactive
   98         application; providing legislative intent; expanding,
   99         as of a specified date, the categorical fund that may
  100         be accessed to improve classroom instruction or
  101         improve school safety; deleting obsolete language;
  102         providing a declaration of important state interest;
  103         providing an effective date.
  104          
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Paragraph (k) of subsection (1) of section
  108  30.15, Florida Statutes, is amended to read
  109         30.15 Powers, duties, and obligations.—
  110         (1) Sheriffs, in their respective counties, in person or by
  111  deputy, shall:
  112         (k) Establish, if the sheriff so chooses, a Coach Aaron
  113  Feis Guardian Program to aid in the prevention or abatement of
  114  active assailant incidents on school premises. However, if a
  115  local school board has voted by a majority to implement such a
  116  program, the sheriff in that county shall establish a program. A
  117  school guardian may not has no authority to act in any law
  118  enforcement capacity except to the extent necessary to prevent
  119  or abate an active assailant incident on a school premises. A
  120  Excluded from participating in the Coach Aaron Feis Guardian
  121  Program are individuals who exclusively perform classroom duties
  122  as classroom teachers as defined in s. 1012.01(2)(a). This
  123  limitation does not apply to classroom teachers of a Junior
  124  Reserve Officers’ Training Corps program, a current
  125  servicemember, as defined in s. 250.01, or a current or former
  126  law enforcement officer, as defined in s. 943.10(1), (6), or
  127  (8). The sheriff who establishes a chooses to establish the
  128  program shall certify appoint as school guardians, without the
  129  power of arrest, school employees or contract employees, as
  130  specified in s. 1006.12(3), who volunteer and who:
  131         1. Hold a valid license issued under s. 790.06.
  132         2. Complete 132 total hours of comprehensive firearm safety
  133  and proficiency training conducted by Criminal Justice Standards
  134  and Training Commission-certified instructors, which must
  135  include:
  136         a. Eighty hours of firearms instruction based on the
  137  Criminal Justice Standards and Training Commission’s Law
  138  Enforcement Academy training model, which must include at least
  139  10 percent but no more than 20 percent more rounds fired than
  140  associated with academy training. Program participants must
  141  achieve an 85 percent pass rate on the firearms training.
  142         b. Sixteen hours of instruction in precision pistol.
  143         c. Eight hours of discretionary shooting instruction using
  144  state-of-the-art simulator exercises.
  145         d. Eight hours of instruction in active shooter or
  146  assailant scenarios.
  147         e. Eight hours of instruction in defensive tactics.
  148         f. Twelve hours of instruction in legal issues.
  149         3. Pass a psychological evaluation administered by a
  150  psychologist licensed under chapter 490 and designated by the
  151  Department of Law Enforcement and submit the results of the
  152  evaluation to the sheriff’s office. The Department of Law
  153  Enforcement is authorized to provide the sheriff’s office with
  154  mental health and substance abuse data for compliance with this
  155  paragraph.
  156         4. Submit to and pass an initial drug test and subsequent
  157  random drug tests in accordance with the requirements of s.
  158  112.0455 and the sheriff’s office.
  159         5. Successfully complete ongoing training, weapon
  160  inspection, and firearm qualification on at least an annual
  161  basis.
  162         6. Successfully complete at least 12 hours of a certified
  163  nationally recognized diversity training program.
  164  
  165  The sheriff shall issue a school guardian certificate to
  166  individuals who meet the requirements of this paragraph and
  167  subparagraph 2. The sheriff shall maintain documentation of
  168  weapon and equipment inspections, as well as the training,
  169  certification, inspection, and qualification records of each
  170  school guardian certified appointed by the sheriff. At a
  171  superintendent’s discretion, any such certified school guardian
  172  may be appointed to a school by its respective superintendent.
  173  An individual may not serve as a school guardian in a school
  174  unless he or she is appointed by the superintendent.
  175         Section 2. Subsection (4) of section 943.082, Florida
  176  Statutes, is amended to read:
  177         943.082 School Safety Awareness Program.—
  178         (4)(a) Law enforcement dispatch centers, school districts,
  179  schools, and other entities identified by the department must
  180  shall be made aware of the mobile suspicious activity reporting
  181  tool.
  182         (b)The district school board shall promote the use of the
  183  mobile suspicious activity reporting tool by advertising it on
  184  the school district website, in newsletters, on school campuses,
  185  and in school publications and by installing it on all computer
  186  devices issued to students.
  187         Section 3. Subsection (9) is added to section 1001.10,
  188  Florida Statutes, to read:
  189         1001.10 Commissioner of Education; general powers and
  190  duties.—
  191         (9)The commissioner shall review the report of the School
  192  Hardening and Harm Mitigation Workgroup regarding hardening and
  193  harm mitigation strategies and recommendations submitted by the
  194  Office of Safe Schools, pursuant to s. 1001.212(12). By
  195  September 1, 2019, the commissioner shall submit a summary of
  196  such recommendations to the Governor, the President of the
  197  Senate, and the Speaker of the House of Representatives. At a
  198  minimum, the summary must include policy and funding
  199  enhancements and the estimated costs of and timeframes for
  200  implementation of the campus hardening and harm mitigation
  201  strategies recommended by the workgroup.
  202         Section 4. Subsection (9) of section 1001.11, Florida
  203  Statutes, is added to read:
  204         1001.11 Commissioner of Education; other duties.—
  205         (9) The commissioner shall oversee compliance with the
  206  safety and security requirements of the Marjory Stoneman Douglas
  207  High School Public Safety Act, chapter 2018-03, Laws of Florida,
  208  by school districts; district school superintendents; public
  209  schools, including charter schools; and regional and state
  210  entities. The commissioner must facilitate compliance to the
  211  maximum extent provided under law, identify incidents of
  212  noncompliance, and impose or recommend to the State Board of
  213  Education, the Governor, or the Legislature enforcement and
  214  sanctioning actions pursuant to s. 1008.32 and other authority
  215  granted under law.
  216         Section 5. Subsection (1) is amended, and subsections (12)
  217  through (17) are added to section 1001.212, Florida Statutes, to
  218  read:
  219         1001.212 Office of Safe Schools.—There is created in the
  220  Department of Education the Office of Safe Schools. The office
  221  is fully accountable to the Commissioner of Education. The
  222  office shall serve as a central repository for best practices,
  223  training standards, and compliance oversight in all matters
  224  regarding school safety and security, including prevention
  225  efforts, intervention efforts, and emergency preparedness
  226  planning. The office shall:
  227         (1) Establish and update as necessary a school security
  228  risk assessment tool for use by school districts pursuant to s.
  229  1006.07(6). The office shall make the security risk assessment
  230  tool available for use by charter schools. The office shall
  231  provide annual training to appropriate school district and
  232  charter school personnel on the proper assessment of physical
  233  site security and completion of the school security risk
  234  assessment tool.
  235         (12)(a)Convene a School Hardening and Harm Mitigation
  236  Workgroup comprised of individuals with subject matter expertise
  237  on school campus hardening best practices. The workgroup shall
  238  meet as necessary to review school hardening and harm mitigation
  239  policies including, but not limited to, the target hardening
  240  practices implemented in other states; the school safety
  241  guidelines developed by organizations such as the Partner
  242  Alliance for Safer Schools; the tiered approach to target campus
  243  hardening strategies identified in the initial report submitted
  244  by the Marjory Stoneman Douglas High School Public Safety
  245  Commission pursuant to s. 943.687(9); and the Florida Building
  246  Code for educational facilities construction to determine
  247  whether the building code may need to be modified to strengthen
  248  school safety and security. Based on this review of school
  249  safety best practices, by August 1, 2019, the workgroup shall
  250  submit a report to the executive director of the office, which
  251  includes, at a minimum:
  252         1. A prioritized list for the implementation of school
  253  campus hardening and harm mitigation strategies and the
  254  estimated costs of and timeframes for implementation of the
  255  strategies by school districts and charter schools. The
  256  estimated costs must include regional and statewide projections
  257  of the implementation costs.
  258         2. Recommendations for policy and funding enhancements to
  259  strengthen school safety and security.
  260         (b) Submit to the commissioner:
  261         1. The workgroup’s report pursuant to paragraph (a); and
  262         2. Recommendations regarding procedures for the office to
  263  use to monitor and enforce compliance by the school districts
  264  and charter schools in the implementation of the workgroup’s
  265  recommended campus hardening and harm mitigation strategies.
  266         (13)Provide technical assistance to school districts and
  267  charter school governing boards for school environmental safety
  268  incident reporting as required under s. 1006.07(9). The office
  269  shall review and evaluate school district reports to ensure
  270  compliance with reporting requirements. Upon notification by the
  271  department that a superintendent has failed to comply with the
  272  requirements of s. 1006.07(9), the district school board shall
  273  withhold further payment of his or her salary as authorized
  274  under s. 1001.42(13)(b) and impose other appropriate sanctions
  275  that the commissioner or state board by law may impose.
  276         (14) By August 1, 2019, develop a standardized, statewide
  277  behavioral threat assessment instrument for use by all public
  278  schools, including charter schools, which addresses early
  279  identification, evaluation, early intervention, and student
  280  support.
  281         (a) The standardized, statewide behavioral threat
  282  assessment instrument must include, but need not be limited to,
  283  components and forms that address:
  284         1. An assessment of the threat, which includes an
  285  assessment of the student, family, and school and social
  286  dynamics.
  287         2. An evaluation to determine if the threat is transient or
  288  substantive.
  289         3. The response to a substantive threat, which includes the
  290  school response and the role of law enforcement agencies.
  291         4. The response to a serious substantive threat, including
  292  mental health and law enforcement referrals.
  293         5. Ongoing monitoring to assess implementation of safety
  294  strategies.
  295         6. Training for members of threat assessment teams
  296  established under s. 1006.07(7) and school administrators
  297  regarding the use of the instrument.
  298         (b) The office shall:
  299         1.By August 1, 2020, evaluate each school district’s
  300  behavioral threat assessment procedures for compliance with this
  301  subsection.
  302         2. Notify the district school superintendent if the school
  303  district behavioral threat assessment is not in compliance with
  304  this subsection.
  305         3. Report any issues of ongoing noncompliance with this
  306  subsection to the district school superintendent, commissioner,
  307  and state board.
  308         (15) Establish the Statewide Threat Assessment Database
  309  Workgroup, comprised of members appointed by the department, to
  310  make recommendations regarding the development of a statewide
  311  threat assessment database. The database must allow authorized
  312  public school personnel to enter information related to any
  313  threat assessment conducted at their respective schools using
  314  the instrument developed by the office pursuant to subsection
  315  (14), and must provide such information to authorized personnel
  316  in each school district and public school and to appropriate
  317  stakeholders. By December 31, 2019, the workgroup shall provide
  318  a report to the office with recommendations that include, but
  319  need not be limited to:
  320         (a) Threat assessment data that should be required to be
  321  entered into the database.
  322         (b) School district and public school personnel who should
  323  be allowed to input student records to the database and view
  324  such records.
  325         (c) Database design and functionality, to include data
  326  security.
  327         (d) Restrictions and authorities on information sharing,
  328  including:
  329         1. Section 1002.22 and other applicable state laws.
  330         2. The Family Educational Rights and Privacy Act (FERPA),
  331  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
  332  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
  333  45 C.F.R. part 164, subpart E; and other applicable federal
  334  laws.
  335         3.The appropriateness of interagency agreements that will
  336  allow law enforcement to view database records.
  337         (e) The cost to develop and maintain a statewide online
  338  database.
  339         (f) An implementation plan and timeline for the workgroup
  340  recommendations.
  341         (16)Monitor compliance with requirements relating to
  342  school safety by school districts and public schools, including
  343  charter schools. The office shall report incidents of
  344  noncompliance to the commissioner pursuant to 1001.11(9) and the
  345  state board pursuant to s. 1008.32 and other requirements of
  346  law, as appropriate.
  347         (17) Review and approve each district school board’s and
  348  charter school governing board’s active assailant response
  349  policy submitted pursuant to ss. 1006.07(6)(c) and
  350  1002.33(16)(b). The office shall report any policy deficiencies
  351  or issues of noncompliance to the commissioner pursuant to
  352  1001.11(9) and the state board pursuant to s. 1008.32 and other
  353  requirements of law, as appropriate.
  354         Section 6. Paragraph (b) of subsection (16) of section
  355  1002.33, Florida Statutes, is amended, to read:
  356         1002.33 Charter schools.—
  357         (16) EXEMPTION FROM STATUTES.—
  358         (b) Additionally, a charter school shall be in compliance
  359  with the following statutes:
  360         1. Section 286.011, relating to public meetings and
  361  records, public inspection, and criminal and civil penalties.
  362         2. Chapter 119, relating to public records.
  363         3. Section 1003.03, relating to the maximum class size,
  364  except that the calculation for compliance pursuant to s.
  365  1003.03 shall be the average at the school level.
  366         4. Section 1012.22(1)(c), relating to compensation and
  367  salary schedules.
  368         5. Section 1012.33(5), relating to workforce reductions.
  369         6. Section 1012.335, relating to contracts with
  370  instructional personnel hired on or after July 1, 2011.
  371         7. Section 1012.34, relating to the substantive
  372  requirements for performance evaluations for instructional
  373  personnel and school administrators.
  374         8.Section 1006.12, relating to safe-school officers.
  375         9. Section 1006.07(7), relating to threat assessment teams.
  376         10.Section 1006.07(9), relating to School Environmental
  377  Safety Incident Reporting.
  378         11.Section 1006.1493, relating to Florida Safe School
  379  Assessment Tool.
  380         12. Section 1006.07(6)(c), relating to adopting an active
  381  assailant response policy.
  382         13. Section 943.082(4)(b), relating to the mobile
  383  suspicious activity reporting tool.
  384         14.Section 1012.584, relating to youth mental health
  385  awareness and assistance training.
  386         Section 7. Paragraph (c) of subsection (1) of section
  387  1006.04, Florida Statutes, is amended to read:
  388         1006.04 Educational multiagency services for students with
  389  severe emotional disturbance.—
  390         (1) 
  391         (c) The multiagency network shall:
  392         1. Support and represent the needs of students in each
  393  school district in joint planning with fiscal agents of
  394  children’s mental health funds, including the expansion of
  395  school-based mental health services, transition services, and
  396  integrated education and treatment programs.
  397         2. Improve coordination of services for children with or at
  398  risk of emotional or behavioral disabilities and their families:
  399         a. By assisting multi-agency collaborative initiatives to
  400  identify critical issues and barriers of mutual concern and
  401  develop local response systems that increase home and school
  402  connections and family engagement.
  403         b. To provide that children who are referred for an
  404  evaluation or screening to determine eligibility for services
  405  receive the appropriate evaluation or screening within 45 days
  406  after the referral. Students who are eligible for services, and
  407  their families, must be provided a referral for the appropriate
  408  services within 30 days after completion of the evaluation or
  409  screening.
  410         3. Increase parent and youth involvement and development
  411  with local systems of care.
  412         4. Facilitate student and family access to effective
  413  services and programs for students with and at risk of emotional
  414  or behavioral disabilities that include necessary educational,
  415  residential, and mental health treatment services, enabling
  416  these students to learn appropriate behaviors, reduce
  417  dependency, and fully participate in all aspects of school and
  418  community living.
  419         Section 8. Subsection (6) and subsection (7) of section
  420  1006.07, Florida Statutes, are amended, and subsection (9) is
  421  added to that section, to read:
  422         1006.07 District school board duties relating to student
  423  discipline and school safety.—The district school board shall
  424  provide for the proper accounting for all students, for the
  425  attendance and control of students at school, and for proper
  426  attention to health, safety, and other matters relating to the
  427  welfare of students, including:
  428         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  429  school superintendent shall establish policies and procedures
  430  for the prevention of violence on school grounds, including the
  431  assessment of and intervention with individuals whose behavior
  432  poses a threat to the safety of the school community.
  433         (a) Each district school superintendent shall designate a
  434  school administrator as a school safety specialist for the
  435  district. The school safety specialist must be a school
  436  administrator employed by the school district or a law
  437  enforcement officer employed by the sheriff’s office located in
  438  the school district. Any school safety specialist designated
  439  from the sheriff’s office must first be authorized and approved
  440  by the sheriff employing the law enforcement officer. Any school
  441  safety specialist designated from the sheriff’s office remains
  442  the employee of the office for purposes of compensation,
  443  insurance, workers compensation, and other benefits authorized
  444  by law for a law enforcement officer employed by the sheriff’s
  445  office. The sheriff and the school superintendent may determine
  446  by agreement the reimbursement for such costs, or may share the
  447  costs, associated with employment of the law enforcement officer
  448  as a school safety specialist. The school safety specialist must
  449  earn a certificate of completion of the school safety specialist
  450  training provided by the Office of Safe Schools within 1 year
  451  after appointment and is responsible for the supervision and
  452  oversight for all school safety and security personnel,
  453  policies, and procedures in the school district. The school
  454  safety specialist shall:
  455         1. Review policies and procedures for compliance with state
  456  law and rules.
  457         2. Provide the necessary training and resources to students
  458  and school district staff in matters relating to youth mental
  459  health awareness and assistance; emergency procedures, including
  460  active shooter training; and school safety and security.
  461         3. Serve as the school district liaison with local public
  462  safety agencies and national, state, and community agencies and
  463  organizations in matters of school safety and security.
  464         4. Conduct a school security risk assessment in accordance
  465  with s. 1006.1493 at each public school using the school
  466  security risk assessment tool developed by the Office of Safe
  467  Schools. Based on the assessment findings, the district’s school
  468  safety specialist shall provide recommendations to the district
  469  school board which identify strategies and activities that the
  470  district school board should implement in order to improve
  471  school safety and security. Annually, each district school board
  472  must receive such findings and the school safety specialist’s
  473  recommendations at a publicly noticed district school board
  474  meeting to provide the public an opportunity to hear the
  475  district school board members discuss and take action on the
  476  findings and recommendations. Each school safety specialist
  477  shall report such findings and school board action to the Office
  478  of Safe Schools within 30 days after the district school board
  479  meeting.
  480         (b) Each school safety specialist shall coordinate with the
  481  appropriate public safety agencies, as defined in s. 365.171,
  482  that are designated as first responders to a school’s campus to
  483  conduct a tour of such campus once every 3 years and provide
  484  recommendations related to school safety. The recommendations by
  485  the public safety agencies must be considered as part of the
  486  recommendations by the school safety specialist pursuant to
  487  paragraph (a).
  488         (c)Each district school board must adopt a well-developed,
  489  written, distributed, and trained upon active assailant response
  490  policy, which must be recommended by the district
  491  superintendent. The superintendent must approve any school
  492  specific modifications to the district policy. Each district
  493  school board’s active assailant response policy, including
  494  school-specific modifications, must be submitted to the Office
  495  of Safe Schools for approval pursuant to s. 1001.212(17) by
  496  August 1, 2019.
  497         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  498  shall adopt policies for the establishment of threat assessment
  499  teams at each school whose duties include the coordination of
  500  resources and assessment and intervention with individuals whose
  501  behavior may pose a threat to the safety of school staff or
  502  students consistent with the model policies developed by the
  503  Office of Safe Schools. Such policies must shall include
  504  procedures for referrals to mental health services identified by
  505  the school district pursuant to s. 1012.584(4), when
  506  appropriate, and procedures for behavioral threat assessments in
  507  compliance with the instrument developed pursuant to s.
  508  1001.212(14).
  509         (a) A threat assessment team shall include persons with
  510  expertise in counseling, instruction, school administration, and
  511  law enforcement. The threat assessment teams shall identify
  512  members of the school community to whom threatening behavior
  513  should be reported and provide guidance to students, faculty,
  514  and staff regarding recognition of threatening or aberrant
  515  behavior that may represent a threat to the community, school,
  516  or self. Upon the availability of the behavioral threat
  517  assessment instrument developed pursuant to s. 1001.212(14), the
  518  threat assessment team shall use that instrument.
  519         (b) Upon a preliminary determination that a student poses a
  520  threat of violence or physical harm to himself or herself or
  521  others, a threat assessment team shall immediately report its
  522  determination to the superintendent or his or her designee. The
  523  superintendent or his or her designee shall immediately attempt
  524  to notify the student’s parent or legal guardian. Nothing in
  525  this subsection shall preclude school district personnel from
  526  acting immediately to address an imminent threat.
  527         (c) Upon a preliminary determination by the threat
  528  assessment team that a student poses a threat of violence to
  529  himself or herself or others or exhibits significantly
  530  disruptive behavior or need for assistance, the threat
  531  assessment team may obtain criminal history record information,
  532  as provided in s. 985.047. A member of a threat assessment team
  533  may not disclose any criminal history record information
  534  obtained pursuant to this section or otherwise use any record of
  535  an individual beyond the purpose for which such disclosure was
  536  made to the threat assessment team.
  537         (d) Notwithstanding any other provision of law, all state
  538  and local agencies and programs that provide services to
  539  students experiencing or at risk of an emotional disturbance or
  540  a mental illness, including the school districts, school
  541  personnel, state and local law enforcement agencies, the
  542  Department of Juvenile Justice, the Department of Children and
  543  Families, the Department of Health, the Agency for Health Care
  544  Administration, the Agency for Persons with Disabilities, the
  545  Department of Education, the Statewide Guardian Ad Litem Office,
  546  and any service or support provider contracting with such
  547  agencies, may share with each other records or information that
  548  are confidential or exempt from disclosure under chapter 119 if
  549  the records or information are reasonably necessary to ensure
  550  access to appropriate services for the student or to ensure the
  551  safety of the student or others. All such state and local
  552  agencies and programs shall communicate, collaborate, and
  553  coordinate efforts to serve such students.
  554         (e) If an immediate mental health or substance abuse crisis
  555  is suspected, school personnel shall follow policies established
  556  by the threat assessment team to engage behavioral health crisis
  557  resources. Behavioral health crisis resources, including, but
  558  not limited to, mobile crisis teams and school resource officers
  559  trained in crisis intervention, shall provide emergency
  560  intervention and assessment, make recommendations, and refer the
  561  student for appropriate services. Onsite school personnel shall
  562  report all such situations and actions taken to the threat
  563  assessment team, which shall contact the other agencies involved
  564  with the student and any known service providers to share
  565  information and coordinate any necessary followup actions.
  566         (f) Each threat assessment team established pursuant to
  567  this subsection shall report quantitative data on its activities
  568  to the Office of Safe Schools in accordance with guidance from
  569  the office and shall utilize the threat assessment database
  570  developed pursuant to s. 1001.212(15) upon the availability of
  571  the database.
  572         (9)SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
  573  district school board shall adopt policies to ensure the
  574  accurate and timely reporting of incidents related to school
  575  safety and discipline. The district school superintendent is
  576  responsible for school environmental safety incident reporting.
  577  A district school superintendent who fails to comply with this
  578  subsection is subject to the penalties specified in law,
  579  including, but not limited to, s. 1001.42(13)(b) or s.
  580  1001.51(12)(b), as applicable. The State Board of Education
  581  shall adopt rules establishing the requirements for the school
  582  environmental safety incident report.
  583         Section 9. Section 1006.12, Florida Statutes, is amended to
  584  read:
  585         1006.12 Safe-school officers at each public school.—For the
  586  protection and safety of school personnel, property, students,
  587  and visitors, each district school board, and school district
  588  superintendent, and charter school governing board, as
  589  applicable, shall partner with law enforcement agencies to
  590  establish or assign one or more safe-school officers at each
  591  school facility within the district by implementing any
  592  combination of the following options which best meets the needs
  593  of the school district:
  594         (1) Establish school resource officer programs, through a
  595  cooperative agreement with law enforcement agencies.
  596         (a) School resource officers shall undergo criminal
  597  background checks, drug testing, and a psychological evaluation
  598  and be certified law enforcement officers, as defined in s.
  599  943.10(1), who are employed by a law enforcement agency as
  600  defined in s. 943.10(4). The powers and duties of a law
  601  enforcement officer shall continue throughout the employee’s
  602  tenure as a school resource officer.
  603         (b) School resource officers shall abide by district school
  604  board policies and shall consult with and coordinate activities
  605  through the school principal, but shall be responsible to the
  606  law enforcement agency in all matters relating to employment,
  607  subject to agreements between a district school board and a law
  608  enforcement agency. Activities conducted by the school resource
  609  officer which are part of the regular instructional program of
  610  the school shall be under the direction of the school principal.
  611         (c) Complete mental health crisis intervention training
  612  using a curriculum developed by a national organization with
  613  expertise in mental health crisis intervention. The training
  614  shall improve officers’ knowledge and skills as first responders
  615  to incidents involving students with emotional disturbance or
  616  mental illness, including de-escalation skills to ensure student
  617  and officer safety.
  618         (2) Commission one or more school safety officers for the
  619  protection and safety of school personnel, property, and
  620  students within the school district. The district school
  621  superintendent may recommend, and the district school board may
  622  appoint, one or more school safety officers.
  623         (a) School safety officers shall undergo criminal
  624  background checks, drug testing, and a psychological evaluation
  625  and be law enforcement officers, as defined in s. 943.10(1),
  626  certified under the provisions of chapter 943 and employed by
  627  either a law enforcement agency or by the district school board.
  628  If the officer is employed by the district school board, the
  629  district school board is the employing agency for purposes of
  630  chapter 943, and must comply with the provisions of that
  631  chapter.
  632         (b) A school safety officer has and shall exercise the
  633  power to make arrests for violations of law on district school
  634  board property and to arrest persons, whether on or off such
  635  property, who violate any law on such property under the same
  636  conditions that deputy sheriffs are authorized to make arrests.
  637  A school safety officer has the authority to carry weapons when
  638  performing his or her official duties.
  639         (c) A district school board may enter into mutual aid
  640  agreements with one or more law enforcement agencies as provided
  641  in chapter 23. A school safety officer’s salary may be paid
  642  jointly by the district school board and the law enforcement
  643  agency, as mutually agreed to.
  644         (3) At the school district’s, or charter school governing
  645  board’s, discretion, participate in the Coach Aaron Feis
  646  Guardian Program if such program is established pursuant to s.
  647  30.15, to meet the requirement of establishing a safe-school
  648  officer. The following individuals may serve as a school
  649  guardian upon satisfactory completion of the requirements under
  650  s. 30.15(1)(k) and certification by a sheriff:
  651         (a) A school district employee or personnel, as defined
  652  under s. 1012.01, or a charter school employee, as provided
  653  under s. 1002.33(12)(a), who volunteers to serve as a school
  654  guardian in addition to his or her official job duties;
  655         (b) An employee of a school district or a charter school
  656  who is hired for the specific purpose of serving as a school
  657  guardian; or
  658         (c) A contract employee licensed under s. 493.6301 who
  659  works in the school district or for a charter school through a
  660  contract with a security agency as that term is defined in s.
  661  493.6101(18). Contract employees may receive school guardian
  662  training through a participating sheriff’s office contingent
  663  upon defined financial or service obligations by the security
  664  agency enumerated in the contract between the school district or
  665  the charter school governing board, as appropriate, and the
  666  security agency.
  667         (4) Any information that would identify whether a
  668  particular individual has been appointed as a safe-school
  669  officer pursuant to this section held by a law enforcement
  670  agency, school district, or charter school is exempt from s.
  671  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  672  subsection is subject to the Open Government Sunset Review Act
  673  in accordance with s. 119.15 and shall stand repealed on October
  674  2, 2023, unless reviewed and saved from repeal through
  675  reenactment by the Legislature.
  676         Section 10. Section 1006.1493, Florida Statutes, is amended
  677  to read:
  678         1006.1493 Florida Safe Schools Assessment Tool.—
  679         (1) The department, through the Office of Safe Schools
  680  pursuant s. 1001.212, shall contract with a security consulting
  681  firm that specializes in the development of risk assessment
  682  software solutions and has experience in conducting security
  683  assessments of public facilities to develop, update, and
  684  implement a risk assessment tool, which shall be known as the
  685  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
  686  the primary physical site security assessment tool as revised
  687  and required by the Office of Safe Schools that is used by
  688  school officials at each school district and public school site
  689  in the state in conducting security assessments for use by
  690  school officials at each school district and public school site
  691  in the state.
  692         (2) The FSSAT must help school officials identify threats,
  693  vulnerabilities, and appropriate safety controls for the schools
  694  that they supervise, pursuant to the security risk assessment
  695  requirements of s. 1006.07(6).
  696         (a) At a minimum, the FSSAT must address all of the
  697  following components:
  698         1. School emergency and crisis preparedness planning;
  699         2. Security, crime, and violence prevention policies and
  700  procedures;
  701         3. Physical security measures;
  702         4. Professional development training needs;
  703         5. An examination of support service roles in school
  704  safety, security, and emergency planning;
  705         6. School security and school police staffing, operational
  706  practices, and related services;
  707         7. School and community collaboration on school safety; and
  708         8. A return on investment analysis of the recommended
  709  physical security controls.
  710         (b) The department shall require by contract that the
  711  security consulting firm:
  712         1. Generate written automated reports on assessment
  713  findings for review by the department and school and district
  714  officials;
  715         2. Provide training to the department and school officials
  716  in the use of the FSSAT and other areas of importance identified
  717  by the department; and
  718         3. Advise in the development and implementation of
  719  templates, formats, guidance, and other resources necessary to
  720  facilitate the implementation of this section at state,
  721  district, school, and local levels.
  722         (3) The Office of Safe Schools must provide annual training
  723  to each district’s school safety specialist and other
  724  appropriate school district personnel on the assessment of
  725  physical site security and completing the FSSAT.
  726         (4) Each district school superintendent, by August 1 of
  727  each year, shall submit an FSSAT assessment to the department
  728  for each school site. Each school-specific assessment must be
  729  approved by the district superintendent or his or her designee,
  730  who must be the district’s school safety specialist or a deputy
  731  superintendent or assistant superintendent. Any superintendent
  732  who fails to comply with the requirements of this subsection is
  733  subject to penalties under s. 1001.51(12)(b) and other sanctions
  734  that may be applied by the commissioner or state board.
  735         (5)By December 1 of each year, By December 1, 2018, and
  736  annually by that date thereafter, the department shall must
  737  report to the Governor, the President of the Senate, and the
  738  Speaker of the House of Representatives on the status of
  739  implementation across school districts and schools. The report
  740  must include a summary of the positive school safety measures in
  741  place at the time of the assessment and any recommendations for
  742  policy changes or funding needed to facilitate continued school
  743  safety planning, improvement, and response at the state,
  744  district, or school levels.
  745         (6)(4) In accordance with ss. 119.071(3)(a) and 281.301,
  746  data and information related to security risk assessments
  747  administered pursuant to this section and s. 1006.07(6) and the
  748  security information contained in the annual report required
  749  pursuant to subsection (3) are confidential and exempt from
  750  public records requirements.
  751         Section 11. Subsection (15) of section 1011.62, Florida
  752  Statutes, is amended to read:
  753         1011.62 Funds for operation of schools.—If the annual
  754  allocation from the Florida Education Finance Program to each
  755  district for operation of schools is not determined in the
  756  annual appropriations act or the substantive bill implementing
  757  the annual appropriations act, it shall be determined as
  758  follows:
  759         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  760  created to provide funding to assist school districts in their
  761  compliance with s. 1006.07, with priority given to implementing
  762  the district’s school resource officer program pursuant to s.
  763  1006.12. Each school district shall receive a minimum safe
  764  schools allocation in an amount provided in the General
  765  Appropriations Act. Of the remaining balance of the safe schools
  766  allocation, two-thirds shall be allocated to school districts
  767  based on the most recent official Florida Crime Index provided
  768  by the Department of Law Enforcement and one-third shall be
  769  allocated based on each school district’s proportionate share of
  770  the state’s total unweighted full-time equivalent student
  771  enrollment. Any additional funds appropriated to this allocation
  772  in the 2018-2019 fiscal year must to the school resource officer
  773  program established pursuant to s. 1006.12 shall be used
  774  exclusively for employing or contracting for safe-school
  775  resource officers, established or assigned under s. 1006.12
  776  which shall be in addition to the number of officers employed or
  777  contracted for in the 2017-2018 fiscal year. This subsection
  778  applies retroactively to July 1, 2018. The amendments to this
  779  subsection are intended to be clarifying and remedial in nature.
  780         Section 12. Effective July 1, 2019, paragraph (b) of
  781  subsection (6) of section 1011.62, Florida Statutes, and
  782  subsection (15) of that section, as amended by this act, are
  783  amended to read:
  784         1011.62 Funds for operation of schools.—If the annual
  785  allocation from the Florida Education Finance Program to each
  786  district for operation of schools is not determined in the
  787  annual appropriations act or the substantive bill implementing
  788  the annual appropriations act, it shall be determined as
  789  follows:
  790         (6) CATEGORICAL FUNDS.—
  791         (b) If a district school board finds and declares in a
  792  resolution adopted at a regular meeting of the school board that
  793  the funds received for any of the following categorical
  794  appropriations are urgently needed to maintain school board
  795  specified academic classroom instruction or improve school
  796  safety, the school board may consider and approve an amendment
  797  to the school district operating budget transferring the
  798  identified amount of the categorical funds to the appropriate
  799  account for expenditure:
  800         1. Funds for student transportation.
  801         2. Funds for research-based reading instruction if the
  802  required additional hour of instruction beyond the normal school
  803  day for each day of the entire school year has been provided for
  804  the students in each low-performing elementary school in the
  805  district pursuant to paragraph (9)(a).
  806         3. Funds for instructional materials if all instructional
  807  material purchases necessary to provide updated materials that
  808  are aligned with applicable state standards and course
  809  descriptions and that meet statutory requirements of content and
  810  learning have been completed for that fiscal year, but no sooner
  811  than March 1. Funds available after March 1 may be used to
  812  purchase hardware for student instruction.
  813         4.Funds for the guaranteed allocation as provided in
  814  subparagraph (1)(e)2.
  815         5.Funds for the supplemental academic instruction
  816  allocation as provided in paragraph (1)(f).
  817         6. Funds for Florida digital classrooms allocation as
  818  provided in subsection (12).
  819         7. Funds for the federally connected student supplement as
  820  provided in subsection (13).
  821         8. Funds for class size reduction as provided in s.
  822  1011.685.
  823         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  824  created to provide funding to assist school districts in their
  825  compliance with s. 1006.07, with priority given to implementing
  826  the district’s school resource officer program pursuant to s.
  827  1006.12. Each school district shall receive a minimum safe
  828  schools allocation in an amount provided in the General
  829  Appropriations Act. Of the remaining balance of the safe schools
  830  allocation, one-third two-thirds shall be allocated to school
  831  districts based on the most recent official Florida Crime Index
  832  provided by the Department of Law Enforcement and two-thirds
  833  one-third shall be allocated based on each school district’s
  834  proportionate share of the state’s total unweighted full-time
  835  equivalent student enrollment. Any additional funds appropriated
  836  to this allocation in the 2018-2019 fiscal year must be used
  837  exclusively for employing or contracting for safe-school
  838  officers, established or assigned under s. 1006.12. This
  839  subsection applies retroactively to July 1, 2018. The amendments
  840  to this subsection are intended to be clarifying and remedial in
  841  nature.
  842         Section 13. The Legislature finds that a proper and
  843  legitimate state purpose is served when district school boards
  844  are afforded options for the provision of safe-school officers
  845  for the protection and safety of school personnel, property,
  846  students, and visitors. School guardians must be available to
  847  any district school board that chooses such an option.
  848  Therefore, the Legislature determines and declares that this act
  849  fulfills an important state interest.
  850         Section 14. Except as otherwise expressly provided in this
  851  act, this act shall take effect upon becoming a law.