Florida Senate - 2014                                    SB 1060
       By Senator Evers
       2-00165A-14                                           20141060__
    1                        A bill to be entitled                      
    2         An act relating to the code of student conduct;
    3         amending s. 1006.07, F.S.; providing that simulating a
    4         firearm or weapon while playing or wearing certain
    5         clothing or accessories is not grounds for
    6         disciplinary action or referral to the criminal
    7         justice or juvenile justice system; providing actions
    8         that constitute simulating a firearm or weapon while
    9         playing; providing criteria for determining whether
   10         certain student conduct warrants disciplinary action;
   11         providing criteria for determining appropriate
   12         consequences for such conduct; providing an effective
   13         date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Paragraph (g) of subsection (2) of section
   18  1006.07, Florida Statutes, is amended to read:
   19         1006.07 District school board duties relating to student
   20  discipline and school safety.—The district school board shall
   21  provide for the proper accounting for all students, for the
   22  attendance and control of students at school, and for proper
   23  attention to health, safety, and other matters relating to the
   24  welfare of students, including:
   25         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
   26  conduct for elementary schools and a code of student conduct for
   27  middle and high schools and distribute the appropriate code to
   28  all teachers, school personnel, students, and parents, at the
   29  beginning of every school year. Each code shall be organized and
   30  written in language that is understandable to students and
   31  parents and shall be discussed at the beginning of every school
   32  year in student classes, school advisory council meetings, and
   33  parent and teacher association or organization meetings. Each
   34  code shall be based on the rules governing student conduct and
   35  discipline adopted by the district school board and shall be
   36  made available in the student handbook or similar publication.
   37  Each code shall include, but is not limited to:
   38         (g) Notice that the possession of a firearm or weapon as
   39  defined in chapter 790 by any student while the student is on
   40  school property or in attendance at a school function is grounds
   41  for disciplinary action and may also result in criminal
   42  prosecution. Simulating a firearm or weapon while playing or
   43  wearing clothing or accessories that depict a firearm or weapon
   44  or expressing an opinion regarding a right guaranteed by the
   45  Second Amendment to the United States Constitution is not
   46  grounds for disciplinary action or referral to the criminal
   47  justice or juvenile justice system under this section or s.
   48  1006.13. Simulating a firearm or weapon while playing includes,
   49  but is not limited to:
   50         1. Brandishing a partially consumed pastry or other food
   51  item to simulate a firearm or weapon.
   52         2. Possessing a toy firearm or weapon that is 2 inches or
   53  less in overall length.
   54         3. Possessing a toy firearm or weapon made of plastic snap
   55  together building blocks.
   56         4. Using a finger or hand to simulate a firearm or weapon.
   57         5. Vocalizing sounds of an imaginary firearm or weapon.
   58         6. Drawing a picture or possessing an image of a firearm or
   59  weapon.
   60         7. Using a pencil, pen, or other writing or drawing utensil
   61  to simulate a firearm or weapon.
   63  However, a student may be subject to disciplinary action if
   64  simulating a firearm or weapon while playing substantially
   65  disrupts student learning, causes bodily harm to another person,
   66  or places another person in reasonable fear of bodily harm. The
   67  severity of consequences imposed upon a student, including
   68  referral to the criminal justice or juvenile justice system,
   69  must be proportionate to the severity of the infraction and
   70  consistent with district school board policies for similar
   71  infractions. If a student is disciplined for such conduct, the
   72  school principal or his or her designee must call the student’s
   73  parent. Disciplinary action resulting from a student’s clothing
   74  or accessories shall be determined pursuant to paragraph (d)
   75  unless the wearing of the clothing or accessory causes a
   76  substantial disruption to student learning, in which case the
   77  infraction may be addressed in a manner that is consistent with
   78  district school board policies for similar infractions. This
   79  paragraph does not prohibit a public school from adopting a
   80  school uniform policy.
   81         Section 2. This act shall take effect upon becoming a law.