Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SPB 7026
       
       
       
       
       
       
                                Ì345360ÄÎ345360                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/26/2018           .                                
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       The Committee on Rules (Galvano and Benacquisto) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Marjory Stoneman
    6  Douglas High School Public Safety Act.”
    7         Section 2. The Legislature finds there is a need to
    8  comprehensively address the crisis of gun violence, including
    9  but not limited to, gun violence on school campuses. The
   10  Legislature intends to address this crisis by providing law
   11  enforcement and the courts with the tools to enhance public
   12  safety by temporarily restricting firearm possession by a person
   13  who is undergoing a mental health crisis and when there is
   14  evidence of a threat of violence, and by promoting school safety
   15  and enhanced coordination between education and law enforcement
   16  entities at the state and local level.
   17         Section 3. Paragraph (j) is added to subsection (3) of
   18  section 20.15, Florida Statutes, to read:
   19         20.15 Department of Education.—There is created a
   20  Department of Education.
   21         (3) DIVISIONS.—The following divisions of the Department of
   22  Education are established:
   23         (j) The Office of Safe Schools.
   24         Section 4. Paragraphs (c) and (d) of subsection (2) of
   25  section 394.463, Florida Statutes, are amended to read:
   26         394.463 Involuntary examination.—
   27         (2) INVOLUNTARY EXAMINATION.—
   28         (c) A law enforcement officer acting in accordance with an
   29  ex parte order issued pursuant to this subsection may:
   30         1. Serve and execute such order on any day of the week, at
   31  any time of the day or night; and
   32         2. Use such reasonable physical force as is necessary to
   33  gain entry to the premises, and any dwellings, buildings, or
   34  other structures located on the premises, and take custody of
   35  the person who is the subject of the ex parte order.
   36         (d) A law enforcement officer taking custody of a person
   37  under this subsection may seize and hold a firearm or any
   38  ammunition the person possesses at the time of taking him or her
   39  into custody if the person poses a potential danger to himself
   40  or herself or others and has made a credible threat of violence
   41  against another person.
   42         1. If a law enforcement officer seizes a firearm or any
   43  ammunition, the law enforcement officer’s agency must hold the
   44  seized firearm or ammunition for at least a 72-hour period or
   45  until the person goes to the law enforcement agency to retrieve
   46  the seized firearm or ammunition. Law enforcement agencies must
   47  develop policies and procedures relating to the seizure,
   48  storage, and return of such seized firearms or ammunition.
   49         2. If the person has a firearm or any ammunition that was
   50  not seized when he or she was taken into custody, a law
   51  enforcement officer may petition the appropriate court for a
   52  risk protection order against the person pursuant to s. 790.401.
   53  A law enforcement officer acting in accordance with an ex parte
   54  order issued pursuant to this subsection may use such reasonable
   55  physical force as is necessary to gain entry to the premises,
   56  and any dwellings, buildings, or other structures located on the
   57  premises, and to take custody of the person who is the subject
   58  of the ex parte order.
   59         Section 5. Section 790.064, Florida Statutes, is created to
   60  read:
   61         790.064 Firearm possession and firearm ownership
   62  disability.
   63         (1) A person who has been adjudicated mentally defective or
   64  who has been committed to a mental institution, as those terms
   65  are defined in s. 790.065(2), may not own a firearm or possess a
   66  firearm until relief from the firearm possession and firearm
   67  ownership disability is obtained.
   68         (2) The firearm possession and firearm ownership disability
   69  runs concurrently with the firearm purchase disability provided
   70  in s. 790.065(2).
   71         (3) A person may petition the court that made the
   72  adjudication or commitment, or that ordered that the record be
   73  submitted to the Department of Law Enforcement pursuant to s.
   74  790.065(2), for relief from the firearm possession and firearm
   75  ownership disability.
   76         (4) The person seeking relief must follow the procedures
   77  set forth in s. 790.065(2) for obtaining relief from the firearm
   78  purchase disability in seeking relief from the firearm
   79  possession and firearm ownership disability.
   80         (5) The person may seek relief from the firearm possession
   81  and firearm ownership disability simultaneously with the relief
   82  being sought from the firearm purchase disability, if such
   83  relief is sought, pursuant to the procedure set forth in s.
   84  790.065(2).
   85         Section 6. Present subsection (13) of section 790.065,
   86  Florida Statutes, is redesignated as subsection (14), a new
   87  subsection (13) is added to that section, and subsection (1) is
   88  amended, to read:
   89         790.065 Sale and delivery of firearms.—
   90         (1)(a)1. A licensed importer, licensed manufacturer, or
   91  licensed dealer may not sell or deliver from her or his
   92  inventory at her or his licensed premises any firearm to another
   93  person, other than a licensed importer, licensed manufacturer,
   94  licensed dealer, or licensed collector, who is under 21 years of
   95  age, except that a licensed importer, licensed manufacturer, or
   96  licensed dealer may sell or deliver a rifle or shotgun to a
   97  person who is 18 years of age or older and is a law enforcement
   98  officer or correctional officer as defined in s. 943.10 or on
   99  active duty in the Armed Forces of the United States or full
  100  time duty in the National Guard.
  101         2.For a person 21 years of age or older, or 18 years of
  102  age or older and meeting an exception under this paragraph, a
  103  licensed importer, licensed manufacturer, or licensed dealer may
  104  not sell or deliver from her or his inventory at her or his
  105  licensed premises any firearm to another person, other than a
  106  licensed importer, licensed manufacturer, licensed dealer or
  107  licensed collector until she or he has:
  108         a.1. Obtained a completed form from the potential buyer or
  109  transferee, which form shall have been adopted promulgated by
  110  the Department of Law Enforcement and provided by the licensed
  111  importer, licensed manufacturer, or licensed dealer, which shall
  112  include the name, date of birth, gender, race, and social
  113  security number or other identification number of such potential
  114  buyer or transferee and has inspected proper identification
  115  including an identification containing a photograph of the
  116  potential buyer or transferee.
  117         b.2. Collected a fee from the potential buyer for
  118  processing the criminal history check of the potential buyer.
  119  The fee shall be established by the Department of Law
  120  Enforcement and may not exceed $8 per transaction. The
  121  Department of Law Enforcement may reduce, or suspend collection
  122  of, the fee to reflect payment received from the Federal
  123  Government applied to the cost of maintaining the criminal
  124  history check system established by this section as a means of
  125  facilitating or supplementing the National Instant Criminal
  126  Background Check System. The Department of Law Enforcement
  127  shall, by rule, establish procedures for the fees to be
  128  transmitted by the licensee to the Department of Law
  129  Enforcement. All such fees shall be deposited into the
  130  Department of Law Enforcement Operating Trust Fund, but shall be
  131  segregated from all other funds deposited into such trust fund
  132  and must be accounted for separately. Such segregated funds must
  133  not be used for any purpose other than the operation of the
  134  criminal history checks required by this section. The Department
  135  of Law Enforcement, each year prior to February 1, shall make a
  136  full accounting of all receipts and expenditures of such funds
  137  to the President of the Senate, the Speaker of the House of
  138  Representatives, the majority and minority leaders of each house
  139  of the Legislature, and the chairs of the appropriations
  140  committees of each house of the Legislature. In the event that
  141  the cumulative amount of funds collected exceeds the cumulative
  142  amount of expenditures by more than $2.5 million, excess funds
  143  may be used for the purpose of purchasing soft body armor for
  144  law enforcement officers.
  145         c.3. Requested, by means of a toll-free telephone call, the
  146  Department of Law Enforcement to conduct a check of the
  147  information as reported and reflected in the Florida Crime
  148  Information Center and National Crime Information Center systems
  149  as of the date of the request.
  150         d.4. Received a unique approval number for that inquiry
  151  from the Department of Law Enforcement, and recorded the date
  152  and such number on the consent form.
  153         (13) A person younger than 21 years of age may not purchase
  154  a firearm. The sale or transfer of a firearm to a person younger
  155  than 21 years of age may not be made or facilitated by a
  156  licensed importer, licensed manufacturer, or licensed dealer. A
  157  person who violates this subsection commits a felony of the
  158  third degree, punishable as provided in s. 775.082, s. 775.083,
  159  or s. 775.084. The prohibitions of this subsection do not apply
  160  to the purchase of a rifle or shotgun by a law enforcement
  161  officer or a correctional officer, as those terms are defined in
  162  s. 943.10, or to a person on active duty in the Armed Forces of
  163  the United States or full-time duty in the National Guard.
  164         Section 7. Section 790.0655, Florida Statutes, is amended
  165  to read:
  166         790.0655 Purchase and delivery of firearms handguns;
  167  mandatory waiting period; exceptions; penalties.—
  168         (1)(a) There shall be A mandatory 3-day waiting period is
  169  imposed between the purchase and delivery of a firearm. The
  170  mandatory waiting period is, which shall be 3 days, excluding
  171  weekends and legal holidays, or expires upon the completion of
  172  the records checks required under s. 790.065, whichever occurs
  173  later between the purchase and the delivery at retail of any
  174  handgun. “Purchase” means the transfer of money or other
  175  valuable consideration to the retailer. “Handgun” means a
  176  firearm capable of being carried and used by one hand, such as a
  177  pistol or revolver. “Retailer” means and includes a licensed
  178  importer, licensed manufacturer, or licensed dealer every person
  179  engaged in the business of making firearm sales at retail or for
  180  distribution, or use, or consumption, or storage to be used or
  181  consumed in this state, as defined in s. 212.02(13).
  182         (b) Records of firearm handgun sales must be available for
  183  inspection by any law enforcement agency, as defined in s.
  184  934.02, during normal business hours.
  185         (2) The 3-day waiting period does shall not apply in the
  186  following circumstances:
  187         (a) When a firearm handgun is being purchased by a holder
  188  of a concealed weapons permit as defined in s. 790.06.
  189         (b) To a trade-in of another firearm handgun.
  190         (c) Upon successfully completing a hunter safety course,
  191  which must be a minimum of 16 hours of instruction, and
  192  possessing a hunter safety certification card issued under s.
  193  379.3581. A person who is exempt from the hunter safety course
  194  requirement under s. 379.3581 and continuously holds a valid
  195  Florida hunting license without a lapse as of March 1, 2018, is
  196  exempt from the 3-day waiting period under this section, unless
  197  that person is purchasing a handgun.
  198         (d) When a rifle or shotgun is being purchased by a law
  199  enforcement officer or correctional officer, as defined in s.
  200  943.10, or a person on active duty in the Armed Forces of the
  201  United States or full-time duty in the National Guard.
  202         (3) It is a felony of the third degree, punishable as
  203  provided in s. 775.082, s. 775.083, or s. 775.084:
  204         (a) For any retailer, or any employee or agent of a
  205  retailer, to deliver a firearm handgun before the expiration of
  206  the 3-day waiting period, subject to the exceptions provided in
  207  subsection (2).
  208         (b) For a purchaser to obtain delivery of a firearm handgun
  209  by fraud, false pretense, or false representation.
  210         Section 8. Section 790.34, Florida Statutes, is created to
  211  read:
  212         790.34 Prohibited device for firearm.—
  213         (1) DEFINITION.—As used in this section, the term “bump
  214  fire stock” means a gun conversion kit, a tool, an accessory, or
  215  a device used to alter the rate of fire of a firearm to mimic
  216  automatic weapon fire or which is used to increase the rate of
  217  fire of a semiautomatic firearm to a faster rate than is
  218  possible for a person to fire such semiautomatic firearm
  219  unassisted by a kit, a tool, an accessory, or a device.
  220         (2)SALE OR TRANSFER.—A person may not import into this
  221  state or, within this state, transfer, distribute, transport,
  222  sell, keep for sale, offer or expose for sale, or give a bump
  223  fire stock to another person. A person who violates this
  224  subsection commits a felony of the third degree, punishable as
  225  provided in s. 775.082, s. 775.083, or s. 775.084.
  226         Section 9. (1)Section 790.401, Florida Statutes, is
  227  intended to temporarily prevent individuals who are at high risk
  228  of harming themselves or others from accessing firearms or
  229  ammunition by allowing law enforcement officers to obtain a
  230  court order when there is demonstrated evidence that a person
  231  poses a significant danger to himself or herself or others,
  232  including significant danger as a result of a mental health
  233  crisis or violent behavior.
  234         (2)The purpose and intent of s. 790.401, Florida Statutes,
  235  is to reduce deaths and injuries as a result of certain
  236  individuals’ use of firearms while respecting constitutional
  237  rights by providing a judicial procedure for law enforcement
  238  officers to obtain a court order temporarily restricting a
  239  person’s access to firearms and ammunition. The process
  240  established by s. 790.401, Florida Statutes, is intended to
  241  apply only to situations in which the person poses a significant
  242  danger of harming himself or herself or others by possessing a
  243  firearm or ammunition and to include standards and safeguards to
  244  protect the rights of respondents and due process of law.
  245         Section 10. Section 790.401, Florida Statutes, may be cited
  246  as “The Risk Protection Order Act.”
  247         Section 11. Section 790.401, Florida Statutes, is created
  248  to read:
  249         790.401 Risk protection orders.—
  250         (1)DEFINITIONS.—As used in this section, the term:
  251         (a)“Petitioner” means a law enforcement officer or a law
  252  enforcement agency that petitions a court for a risk protection
  253  order under this section.
  254         (b)“Respondent” means the individual who is identified as
  255  the respondent in a petition filed under this section.
  256         (c)“Risk protection order” means a temporary ex parte
  257  order or a final order granted under this section.
  258         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
  259  an action known as a petition for a risk protection order.
  260         (a)A petition for a risk protection order may be filed by
  261  a law enforcement officer or law enforcement agency.
  262         (b)An action under this section must be filed in the
  263  county where the petitioner’s law enforcement office is located
  264  or the county where the respondent resides.
  265         (c) Such petition for a risk protection order does not
  266  require either party to be represented by an attorney.
  267         (d) Notwithstanding any other law, attorney fees may not be
  268  awarded in any proceeding under this section.
  269         (e)A petition must:
  270         1.Allege that the respondent poses a significant danger of
  271  causing personal injury to himself or herself or others by
  272  having a firearm or any ammunition in his or her custody or
  273  control or by purchasing, possessing, or receiving a firearm or
  274  any ammunition, and must be accompanied by an affidavit made
  275  under oath stating the specific statements, actions, or facts
  276  that give rise to a reasonable fear of significant dangerous
  277  acts by the respondent;
  278         2.Identify the quantities, types, and locations of all
  279  firearms and ammunition the petitioner believes to be in the
  280  respondent’s current ownership, possession, custody, or control;
  281  and
  282         3.Identify whether there is a known existing protection
  283  order governing the respondent under s. 741.30, s. 784.046, or
  284  s. 784.0485 or under any other applicable statute.
  285         (f)The petitioner must make a good faith effort to provide
  286  notice to a family or household member of the respondent and to
  287  any known third party who may be at risk of violence. The notice
  288  must state that the petitioner intends to petition the court for
  289  a risk protection order or has already done so and must include
  290  referrals to appropriate resources, including mental health,
  291  domestic violence, and counseling resources. The petitioner must
  292  attest in the petition to having provided such notice or must
  293  attest to the steps that will be taken to provide such notice.
  294         (g)The petitioner must list the address of record on the
  295  petition as being where the appropriate law enforcement agency
  296  is located.
  297         (h)A court or a public agency may not charge fees for
  298  filing or for service of process to a petitioner seeking relief
  299  under this section and must provide the necessary number of
  300  certified copies, forms, and instructional brochures free of
  301  charge.
  302         (i)A person is not required to post a bond to obtain
  303  relief in any proceeding under this section.
  304         (j)The circuit courts of this state have jurisdiction over
  305  proceedings under this section.
  306         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  307         (a)Upon receipt of a petition, the court must order a
  308  hearing to be held no later than 14 days after the date of the
  309  order and must issue a notice of hearing to the respondent for
  310  the same.
  311         1.The clerk of the court shall cause a copy of the notice
  312  of hearing and petition to be forwarded on or before the next
  313  business day to the appropriate law enforcement agency for
  314  service upon the respondent as provided in subsection (5).
  315         2.The court may, as provided in subsection (4), issue a
  316  temporary ex parte risk protection order pending the hearing
  317  ordered under this subsection. Such temporary ex parte order
  318  must be served concurrently with the notice of hearing and
  319  petition as provided in subsection (5).
  320         3.The court may conduct a hearing by telephone pursuant to
  321  a local court rule to reasonably accommodate a disability or
  322  exceptional circumstances. The court must receive assurances of
  323  the petitioner’s identity before conducting a telephonic
  324  hearing.
  325         (b)Upon notice and a hearing on the matter, if the court
  326  finds by clear and convincing evidence that the respondent poses
  327  a significant danger of causing personal injury to himself or
  328  herself or others by having in his or her custody or control, or
  329  by purchasing, possessing, or receiving, a firearm or any
  330  ammunition, the court must issue a risk protection order for a
  331  period that it deems appropriate, up to and including but not
  332  exceeding 12 months.
  333         (c)In determining whether grounds for a risk protection
  334  order exist, the court may consider any relevant evidence,
  335  including, but not limited to, any of the following:
  336         1.A recent act or threat of violence by the respondent
  337  against himself or herself or others, whether or not such
  338  violence or threat of violence involves a firearm.
  339         2.An act or threat of violence by the respondent within
  340  the past 12 months, including, but not limited to, acts or
  341  threats of violence by the respondent against himself or herself
  342  or others.
  343         3.Evidence of the respondent being seriously mentally ill
  344  or having recurring mental health issues.
  345         4.A violation by the respondent of a risk protection order
  346  or a no contact order issued under s. 741.30, s. 784.046, or s.
  347  784.0485.
  348         5.A previous or existing risk protection order issued
  349  against the respondent.
  350         6.A violation of a previous or existing risk protection
  351  order issued against the respondent.
  352         7.Whether the respondent, in this state or any other
  353  state, has been convicted of, had adjudication withheld on, or
  354  pled nolo contendere to a crime that constitutes domestic
  355  violence as defined in s. 741.28.
  356         8.The respondent’s ownership of, access to, or intent to
  357  possess firearms or ammunition.
  358         9.The unlawful or reckless use, display, or brandishing of
  359  a firearm by the respondent.
  360         10.The recurring use of, or threat to use, physical force
  361  by the respondent against another person or the respondent
  362  stalking another person.
  363         11.Whether the respondent, in this state or any other
  364  state, has been arrested for, convicted of, had adjudication
  365  withheld on, or pled nolo contendere to a crime involving
  366  violence or a threat of violence.
  367         12.Corroborated evidence of the abuse of controlled
  368  substances or alcohol by the respondent.
  369         13.Evidence of recent acquisition of firearms or
  370  ammunition by the respondent.
  371         14. Any relevant information from family and household
  372  members concerning the respondent.
  373         (d)A person, including an officer of the court, who offers
  374  evidence or recommendations relating to the cause of action
  375  either must present the evidence or recommendations in writing
  376  to the court with copies to each party and his or her attorney,
  377  if one is retained, or must present the evidence under oath at a
  378  hearing at which all parties are present.
  379         (e)In a hearing under this section, the rules of evidence
  380  apply to the same extent as in a domestic violence injunction
  381  proceeding under s. 741.30.
  382         (f)During the hearing, the court must consider whether a
  383  mental health evaluation or chemical dependency evaluation is
  384  appropriate and, if such determination is made, may order such
  385  evaluations, if appropriate.
  386         (g)A risk protection order must include all of the
  387  following:
  388         1.A statement of the grounds supporting the issuance of
  389  the order;
  390         2.The date the order was issued;
  391         3.The date the order ends;
  392         4.Whether a mental health evaluation or chemical
  393  dependency evaluation of the respondent is required;
  394         5.The address of the court in which any responsive
  395  pleading should be filed;
  396         6.A description of the requirements for the surrender of
  397  firearms and ammunition under subsection (7); and
  398         7.The following statement:
  399  
  400  “To the subject of this protection order: This order will last
  401  until the date noted above. If you have not done so already, you
  402  must surrender immediately to the (insert name of local law
  403  enforcement agency) all firearms and ammunition in your custody,
  404  control, or possession and any license to carry a concealed
  405  weapon or firearm issued to you under s. 790.06, Florida
  406  Statutes. You may not have in your custody or control, or
  407  purchase, possess, receive, or attempt to purchase or receive, a
  408  firearm or ammunition while this order is in effect. You have
  409  the right to request one hearing to vacate this order, starting
  410  after the date of the issuance of this order, and to request
  411  another hearing after every extension of the order, if any. You
  412  may seek the advice of an attorney as to any matter connected
  413  with this order.”
  414  
  415         (h)If the court issues a risk protection order, the court
  416  must inform the respondent that he or she is entitled to request
  417  a hearing to vacate the order in the manner provided by
  418  subsection (6). The court shall provide the respondent with a
  419  form to request a hearing to vacate.
  420         (i)If the court denies the petitioner’s request for a risk
  421  protection order, the court must state the particular reasons
  422  for the denial.
  423         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  424         (a) A petitioner may request that a temporary ex parte risk
  425  protection order be issued before a hearing for a risk
  426  protection order, without notice to the respondent, by including
  427  in the petition detailed allegations based on personal knowledge
  428  that the respondent poses a significant danger of causing
  429  personal injury to himself or herself or others in the near
  430  future by having in his or her custody or control, or by
  431  purchasing, possessing, or receiving, a firearm or ammunition.
  432         (b)In considering whether to issue a temporary ex parte
  433  risk protection order under this section, the court shall
  434  consider all relevant evidence, including the evidence described
  435  in paragraph (3)(c).
  436         (c)If a court finds there is reasonable cause to believe
  437  that the respondent poses a significant danger of causing
  438  personal injury to himself or herself or others in the near
  439  future by having in his or her custody or control, or by
  440  purchasing, possessing, or receiving, a firearm or ammunition,
  441  the court must issue a temporary ex parte risk protection order.
  442         (d)The court must hold a temporary ex parte risk
  443  protection order hearing in person or by telephone on the day
  444  the petition is filed or on the business day immediately
  445  following the day the petition is filed.
  446         (e)A temporary ex parte risk protection order must include
  447  all of the following:
  448         1.A statement of the grounds asserted for the order;
  449         2.The date the order was issued;
  450         3.The address of the court in which any responsive
  451  pleading may be filed;
  452         4.The date and time of the scheduled hearing;
  453         5.A description of the requirements for surrender of
  454  firearms and ammunition under subsection (7); and
  455         6.The following statement:
  456  
  457  “To the subject of this protection order: This order is valid
  458  until the date noted above. You are required to surrender all
  459  firearms and ammunition in your custody, control, or possession.
  460  You may not have in your custody or control, or purchase,
  461  possess, receive, or attempt to purchase or receive, a firearm
  462  or ammunition while this order is in effect. You must surrender
  463  immediately to the (insert name of local law enforcement agency)
  464  all firearms and ammunition in your custody, control, or
  465  possession and any license to carry a concealed weapon or
  466  firearm issued to you under s. 790.06, Florida Statutes. A
  467  hearing will be held on the date and at the time noted above to
  468  determine if a risk protection order should be issued. Failure
  469  to appear at that hearing may result in a court issuing an order
  470  against you which is valid for 1 year. You may seek the advice
  471  of an attorney as to any matter connected with this order.”
  472  
  473         (f)A temporary ex parte risk protection order ends upon
  474  the hearing on the risk protection order.
  475         (g)A temporary ex parte risk protection order must be
  476  served by a law enforcement officer in the same manner as
  477  provided for in subsection (5) for service of the notice of
  478  hearing and petition and must be served concurrently with the
  479  notice of hearing and petition.
  480         (h)If the court denies the petitioner’s request for a
  481  temporary ex parte risk protection order, the court must state
  482  the particular reasons for the denial.
  483         (5) SERVICE.—
  484         (a) The clerk of the court shall furnish a copy of the
  485  notice of hearing, petition, and temporary ex parte risk
  486  protection order or risk protection order, as applicable, to the
  487  sheriff of the county where the respondent resides or can be
  488  found, who shall serve it upon the respondent as soon thereafter
  489  as possible on any day of the week and at any time of the day or
  490  night. When requested by the sheriff, the clerk of the court may
  491  transmit a facsimile copy of a temporary ex parte risk
  492  protection order or a risk protection order that has been
  493  certified by the clerk of the court, and this facsimile copy may
  494  be served in the same manner as a certified copy. Upon receiving
  495  a facsimile copy, the sheriff must verify receipt with the
  496  sender before attempting to serve it upon the respondent. The
  497  clerk of the court shall be responsible for furnishing to the
  498  sheriff information on the respondent’s physical description and
  499  location. Notwithstanding any other provision of law to the
  500  contrary, the chief judge of each circuit, in consultation with
  501  the appropriate sheriff, may authorize a law enforcement agency
  502  within the jurisdiction to effect service. A law enforcement
  503  agency effecting service pursuant to this section shall use
  504  service and verification procedures consistent with those of the
  505  sheriff. Service under this section takes precedence over the
  506  service of other documents, unless the other documents are of a
  507  similar emergency nature.
  508         (b) All orders issued, changed, continued, extended, or
  509  vacated after the original service of documents specified in
  510  paragraph (a) must be certified by the clerk of the court and
  511  delivered to the parties at the time of the entry of the order.
  512  The parties may acknowledge receipt of such order in writing on
  513  the face of the original order. If a party fails or refuses to
  514  acknowledge the receipt of a certified copy of an order, the
  515  clerk shall note on the original order that service was
  516  effected. If delivery at the hearing is not possible, the clerk
  517  shall mail certified copies of the order to the parties at the
  518  last known address of each party. Service by mail is complete
  519  upon mailing. When an order is served pursuant to this
  520  subsection, the clerk shall prepare a written certification to
  521  be placed in the court file specifying the time, date, and
  522  method of service and shall notify the sheriff.
  523         (6)TERMINATION AND EXTENSION OF ORDERS.—
  524         (a)The respondent may submit one written request for a
  525  hearing to vacate a risk protection order issued under this
  526  section, starting after the date of the issuance of the order,
  527  and may request another hearing after every extension of the
  528  order, if any.
  529         1.Upon receipt of the request for a hearing to vacate a
  530  risk protection order, the court shall set a date for a hearing.
  531  Notice of the request must be served on the petitioner in
  532  accordance with subsection (5). The hearing must occur no sooner
  533  than 14 days and no later than 30 days after the date of service
  534  of the request upon the petitioner.
  535         2.The respondent shall have the burden of proving by clear
  536  and convincing evidence that the respondent does not pose a
  537  significant danger of causing personal injury to himself or
  538  herself or others by having in his or her custody or control,
  539  purchasing, possessing, or receiving a firearm or ammunition.
  540  The court may consider any relevant evidence, including evidence
  541  of the considerations listed in paragraph (3)(c).
  542         3.If the court finds after the hearing that the respondent
  543  has met his or her burden of proof, the court must vacate the
  544  order.
  545         4. The law enforcement agency holding any firearm or
  546  ammunition or license to carry a concealed weapon or firearm
  547  that has been surrendered pursuant to this section shall be
  548  notified of the court order to vacate the risk protection order.
  549         (b)The court must notify the petitioner of the impending
  550  end of a risk protection order. Notice must be received by the
  551  petitioner at least 30 days before the date the order ends.
  552         (c)The petitioner may, by motion, request an extension of
  553  a risk protection order at any time within 30 days before the
  554  end of the order.
  555         1.Upon receipt of the motion to extend, the court shall
  556  order that a hearing be held no later than 14 days after the
  557  date the order is issued and shall schedule such hearing.
  558         a.The court may schedule a hearing by telephone in the
  559  manner provided by subparagraph (3)(a)3.
  560         b.The respondent must be personally served in the same
  561  manner provided by subsection (5).
  562         2.In determining whether to extend a risk protection order
  563  issued under this section, the court may consider all relevant
  564  evidence, including evidence of the considerations listed in
  565  paragraph (3)(c).
  566         3.If the court finds by clear and convincing evidence that
  567  the requirements for issuance of a risk protection order as
  568  provided in subsection (3) continue to be met, the court must
  569  extend the order. However, if, after notice, the motion for
  570  extension is uncontested and no modification of the order is
  571  sought, the order may be extended on the basis of a motion or
  572  affidavit stating that there has been no material change in
  573  relevant circumstances since entry of the order and stating the
  574  reason for the requested extension.
  575         4.The court may extend a risk protection order for a
  576  period that it deems appropriate, up to and including but not
  577  exceeding 12 months, subject to an order to vacate as provided
  578  in paragraph (a) or to another extension order by the court.
  579         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
  580         (a)Upon issuance of a risk protection order under this
  581  section, including a temporary ex parte risk protection order,
  582  the court shall order the respondent to surrender to the local
  583  law enforcement agency all firearms and ammunition in the
  584  respondent’s custody, control, or possession except as provided
  585  in subsection (9), and any license to carry a concealed weapon
  586  or firearm issued under s. 790.06.
  587         (b)The law enforcement officer serving a risk protection
  588  order under this section, including a temporary ex parte risk
  589  protection order, shall request that the respondent immediately
  590  surrender all firearms and ammunition in his or her custody,
  591  control, or possession and any license to carry a concealed
  592  weapon or firearm issued under s. 790.06, and shall conduct a
  593  search authorized by law for such firearms and ammunition. The
  594  law enforcement officer shall take possession of all firearms
  595  and ammunition belonging to the respondent which are
  596  surrendered, in plain sight, or discovered pursuant to a lawful
  597  search. Alternatively, if personal service by a law enforcement
  598  officer is not possible or is not required because the
  599  respondent was present at the risk protection order hearing, the
  600  respondent shall surrender the firearms and ammunition in a safe
  601  manner to the control of the local law enforcement agency
  602  immediately after being served with the order by service or
  603  immediately after the hearing at which the respondent was
  604  present.
  605         (c)At the time of surrender, a law enforcement officer
  606  taking possession of a firearm, any ammunition, or a license to
  607  carry a concealed weapon or firearm shall issue a receipt
  608  identifying all firearms and the quantity and type of ammunition
  609  that have been surrendered and shall provide a copy of the
  610  receipt to the respondent. Within 72 hours after service of the
  611  order, the law enforcement officer serving the order shall file
  612  the original receipt with the court and shall ensure that his or
  613  her law enforcement agency retains a copy of the receipt.
  614         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
  615  statement or testimony of any person alleging that the
  616  respondent has failed to comply with the surrender of firearms
  617  or ammunition as required by an order issued under this section,
  618  the court shall determine whether probable cause exists to
  619  believe that the respondent has failed to surrender all firearms
  620  or ammunition in his or her custody, control, or possession. If
  621  the court finds that probable cause exists, the court must issue
  622  a warrant describing the firearms or ammunition and authorizing
  623  a search of the locations where the firearms or ammunition are
  624  reasonably believed to be found and the seizure of any firearms
  625  or ammunition discovered pursuant to such search.
  626         (e)If a person other than the respondent claims title to
  627  any firearms or ammunition surrendered pursuant to this section
  628  and he or she is determined by the law enforcement agency to be
  629  the lawful owner of the firearm or ammunition, the firearm or
  630  ammunition shall be returned to him or her, if:
  631         1.The lawful owner agrees to store the firearm or
  632  ammunition in a manner such that the respondent does not have
  633  access to or control of the firearm or ammunition.
  634         2.The firearm or ammunition is not otherwise unlawfully
  635  possessed by the owner.
  636         (f)Upon the issuance of a risk protection order, the court
  637  shall order a new hearing date and require the respondent to
  638  appear no later than 3 business days after the issuance of the
  639  order. The court shall require proof that the respondent has
  640  surrendered any firearms or ammunition in his or her custody,
  641  control, or possession. The court may cancel the hearing upon a
  642  satisfactory showing that the respondent is in compliance with
  643  the order.
  644         (g)All law enforcement agencies must develop policies and
  645  procedures by January 1, 2019, regarding the acceptance,
  646  storage, and return of firearms, ammunition, or licenses
  647  required to be surrendered under this section.
  648         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  649         (a)If a risk protection order is vacated or ends without
  650  extension, a law enforcement agency holding a firearm or any
  651  ammunition that has been surrendered or seized pursuant to this
  652  section must return such surrendered firearm or ammunition
  653  requested by a respondent only after confirming through a
  654  background check that the respondent is currently eligible to
  655  own or possess firearms and ammunition under federal and state
  656  law and after confirming with the court that the risk protection
  657  order has been vacated or has ended without extension.
  658         (b) If a risk protection order is vacated or ends without
  659  extension, the Department of Agriculture and Consumer Services,
  660  if it has suspended a license to carry a concealed weapon or
  661  firearm pursuant to this section, must reinstate such license
  662  only after confirming that the respondent is currently eligible
  663  to have a license to carry a concealed weapon or firearm
  664  pursuant to s. 790.06.
  665         (c)A law enforcement agency must provide notice to any
  666  family or household members of the respondent before the return
  667  of any surrendered firearm and ammunition.
  668         (d)Any firearm and ammunition surrendered by a respondent
  669  pursuant to subsection (7) which remains unclaimed by the lawful
  670  owner after an order to vacate the risk protection order shall
  671  be disposed of in accordance with the law enforcement agency’s
  672  policies and procedures for the disposal of firearms in police
  673  custody.
  674         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
  675  elect to transfer all firearms and ammunition that have been
  676  surrendered to or seized by a local law enforcement agency
  677  pursuant to subsection (7) to another person who is willing to
  678  receive the respondent’s firearms and ammunition. The law
  679  enforcement agency may allow such a transfer only if it is
  680  determined that the chosen recipient:
  681         (a) Currently is eligible to own or possess a firearm and
  682  ammunition under federal and state law after confirmation
  683  through a background check;
  684         (b) Attests to storing the firearms and ammunition in a
  685  manner such that the respondent does not have access to or
  686  control of the firearms and ammunition until the risk protection
  687  order against the respondent is vacated or ends without
  688  extension; and
  689         (c) Attests not to transfer the firearms or ammunition back
  690  to the respondent until the risk protection order against the
  691  respondent is vacated or ends without extension.
  692         (10) REPORTING OF ORDERS.—
  693         (a) Within 24 hours after issuance, the clerk of the court
  694  shall enter any risk protection order or temporary ex parte risk
  695  protection order issued under this section into the uniform case
  696  reporting system.
  697         (b)Within 24 hours after issuance, the clerk of the court
  698  shall forward a copy of an order issued under this section to
  699  the appropriate law enforcement agency specified in the order.
  700  Upon receipt of the copy of the order, the law enforcement
  701  agency shall enter the order into the National Instant Criminal
  702  Background Check System, any other federal or state computer
  703  based systems used by law enforcement agencies or others to
  704  identify prohibited purchasers of firearms or ammunition, and
  705  into any computer-based criminal intelligence information system
  706  available in this state used by law enforcement agencies to list
  707  outstanding warrants. The order must remain in each system for
  708  the period stated in the order, and the law enforcement agency
  709  shall only remove orders from the systems that have ended or
  710  been vacated. Entry into the Florida Crime Information Center
  711  and National Crime Information Center constitutes notice to all
  712  law enforcement agencies of the existence of the order. The
  713  order is fully enforceable in any county in this state.
  714         (c)The issuing court shall, within 3 business days after
  715  issuance of a risk protection order or temporary ex parte risk
  716  protection order, forward all available identifying information
  717  concerning the respondent, along with the date of order
  718  issuance, to the Department of Agriculture and Consumer
  719  Services. Upon receipt of the information, the department shall
  720  determine if the respondent has a license to carry a concealed
  721  weapon or firearm. If the respondent does have a license to
  722  carry a concealed weapon or firearm, the department must
  723  immediately suspend the license.
  724         (d)If a risk protection order is vacated before its end
  725  date, the clerk of the court shall, on the day of the order to
  726  vacate, forward a copy of the order to the Department of
  727  Agriculture and Consumer Services and the appropriate law
  728  enforcement agency specified in the order to vacate. Upon
  729  receipt of the order, the law enforcement agency shall promptly
  730  remove the order from any computer-based system in which it was
  731  entered pursuant to paragraph (b).
  732         (11)PENALTIES.—
  733         (a)A person who files a petition under this section
  734  knowing the information in such petition is materially false, or
  735  files with the intent to harass the respondent, commits a
  736  misdemeanor of the first degree, punishable as provided in s.
  737  775.082 or s. 775.083.
  738         (b) A person who has in his or her custody or control a
  739  firearm or any ammunition or who purchases, possesses, or
  740  receives a firearm or any ammunition with knowledge that he or
  741  she is prohibited from doing so by an order issued under this
  742  section commits a felony of the third degree, punishable as
  743  provided in s. 775.082, s. 775.083, or s. 775.084.
  744         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  745  does not affect the ability of a law enforcement officer to
  746  remove a firearm or ammunition or license to carry a concealed
  747  weapon or concealed firearm from any person or to conduct any
  748  search and seizure for firearms or ammunition pursuant to other
  749  lawful authority.
  750         (13)LIABILITY.—Except as provided in subsection (10) or
  751  subsection (11), this section does not impose criminal or civil
  752  liability on any person or entity for acts or omissions related
  753  to obtaining a risk protection order or temporary ex parte risk
  754  protection order, including, but not limited to, providing
  755  notice to the petitioner, a family or household member of the
  756  respondent, and any known third party who may be at risk of
  757  violence or failure to provide such notice, or reporting,
  758  declining to report, investigating, declining to investigate,
  759  filing, or declining to file, a petition under this section.
  760         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
  761         (a)The Office of the State Courts Administrator shall
  762  develop and prepare instructions and informational brochures,
  763  standard petitions and risk protection order forms, and a court
  764  staff handbook on the risk protection order process. The
  765  standard petition and order forms must be used after January 1,
  766  2019, for all petitions filed and orders issued pursuant to this
  767  section. The office shall determine the significant non-English
  768  speaking or limited English-speaking populations in the state
  769  and prepare the instructions and informational brochures and
  770  standard petitions and risk protection order forms in such
  771  languages. The instructions, brochures, forms, and handbook must
  772  be prepared in consultation with interested persons, including
  773  representatives of gun violence prevention groups, judges, and
  774  law enforcement personnel. Materials must be based on best
  775  practices and must be available online to the public.
  776         1.The instructions must be designed to assist petitioners
  777  in completing the petition and must include a sample of a
  778  standard petition and order for protection forms.
  779         2.The instructions and standard petition must include a
  780  means for the petitioner to identify, with only layman’s
  781  knowledge, the firearms or ammunition the respondent may own,
  782  possess, receive, or have in his or her custody or control. The
  783  instructions must provide pictures of types of firearms and
  784  ammunition that the petitioner may choose from to identify the
  785  relevant firearms or ammunition, or must provide an equivalent
  786  means to allow petitioners to identify firearms or ammunition
  787  without requiring specific or technical knowledge regarding the
  788  firearms or ammunition.
  789         3.The informational brochure must describe the use of and
  790  the process for obtaining, extending, and vacating a risk
  791  protection order under this section and must provide relevant
  792  forms.
  793         4.The risk protection order form must include, in a
  794  conspicuous location, notice of criminal penalties resulting
  795  from violation of the order and the following statement: “You
  796  have the sole responsibility to avoid or refrain from violating
  797  this order’s provisions. Only the court can change the order and
  798  only upon written request.”
  799         5.The court staff handbook must allow for the addition of
  800  a community resource list by the clerk of the court.
  801         (b)Any clerk of court may create a community resource list
  802  of crisis intervention, mental health, substance abuse,
  803  interpreter, counseling, and other relevant resources serving
  804  the county in which the court is located. The court may make the
  805  community resource list available as part of or in addition to
  806  the informational brochures described in paragraph (a).
  807         (c)The Office of the State Courts Administrator shall
  808  distribute a master copy of the petition and order forms,
  809  instructions, and informational brochures to the clerks of
  810  court. Distribution of all documents shall, at a minimum, be in
  811  an electronic format or formats accessible to all courts and
  812  clerks of court in the state.
  813         (d)Within 90 days after receipt of the master copy from
  814  the Office of the State Courts Administrator, the clerk of the
  815  court shall make available the standardized forms, instructions,
  816  and informational brochures required by this subsection.
  817         (e)The Office of the State Courts Administrator shall
  818  update the instructions, brochures, standard petition and risk
  819  protection order forms, and court staff handbook as necessary,
  820  including when changes in the law make an update necessary.
  821         Section 12. Section 943.082, Florida Statutes, is created
  822  to read:
  823         943.082 School Safety Awareness Program.—
  824         (1) The department shall competitively procure a mobile
  825  suspicious activity reporting tool that allows students and the
  826  community to relay information anonymously concerning unsafe,
  827  potentially harmful, dangerous, violent, or criminal activities
  828  or the threat of such activities to appropriate public safety
  829  agencies and school officials. At a minimum, the department must
  830  receive reports electronically through a mobile suspicious
  831  activity reporting tool that is available on widely used mobile
  832  operating systems.
  833         (2)The tool shall notify the reporting party of the
  834  following information:
  835         (a)That the reporting party may provide his or her report
  836  anonymously.
  837         (b)That if the reporting party chooses to disclose his or
  838  her identity, such information shall be shared with the
  839  appropriate law enforcement agency and school officials;
  840  however, the law enforcement agency and school officials shall
  841  be required to maintain such information as confidential.
  842         (3)Information received by the tool must be promptly
  843  forwarded to the appropriate law enforcement agency or school
  844  official.
  845         (4)Law enforcement dispatch centers, school districts,
  846  schools, and other entities identified by the department shall
  847  be made aware of the mobile suspicious activity reporting tool.
  848         (5)The department, in collaboration with the Office of
  849  Safe Schools within the Department of Education, shall develop
  850  and provide a comprehensive training and awareness program on
  851  the use of the mobile suspicious activity reporting tool.
  852         Section 13. Section 943.687, Florida Statutes, is created
  853  to read:
  854         943.687Marjory Stoneman Douglas High School Public Safety
  855  Commission.—
  856         (1) There is created within the Florida Department of Law
  857  Enforcement the Marjory Stoneman Douglas High School Public
  858  Safety Commission, a commission as defined in s. 20.03.
  859         (2)(a)The commission shall convene no later than June 1,
  860  2018, and shall be composed of 15 members. Five members shall be
  861  appointed by the President of the Senate, five members shall be
  862  appointed by the Speaker of the House of Representatives, and
  863  five members shall be appointed by the Governor. Appointments
  864  must be made by April 30, 2018. The Secretary of Children and
  865  Families, the Secretary of Juvenile Justice, the Secretary of
  866  Health Care Administration, the Commissioner of Education, and
  867  the executive director shall serve as ex officio, nonvoting
  868  members of the commission. Members shall serve at the pleasure
  869  of the officer who appointed the member. A vacancy on the task
  870  force shall be filled in the same manner as the original
  871  appointment.
  872         (b) The Commissioner of the Florida Department of Law
  873  Enforcement shall chair the commission.
  874         (c) The General Counsel of the Florida Department of Law
  875  Enforcement shall serve as the general counsel for the
  876  commission.
  877         (d) The Florida Department of Law Enforcement staff, as
  878  assigned by the chair, shall assist the commission in performing
  879  its duties.
  880         (e) The commission shall meet as necessary to conduct its
  881  work at the call of the chair and at the time designated by him
  882  or her at locations throughout the state. The commission may
  883  conduct its meetings through teleconferences or other similar
  884  means.
  885         (f) Members of the task force are entitled to receive
  886  reimbursement for per diem and travel expenses pursuant to s.
  887  112.061.
  888         (3) The commission shall investigate system failures in the
  889  Marjory Stoneman Douglas High School shooting and prior mass
  890  violence incidents in this state and develop recommendations for
  891  system improvements. At a minimum, the commission shall analyze
  892  information and evidence from the Marjory Stoneman Douglas High
  893  School shooting and other mass violence incidents in this state.
  894  At a minimum the commission shall:
  895         (a) Develop a timeline of the incident, incident response,
  896  and all relevant events preceding the incident, with particular
  897  attention to all perpetrator contacts with local, state and
  898  national government agencies and entities and any contract
  899  providers of such agencies and entities.
  900         (b) Investigate any failures in incident responses by local
  901  law enforcement agencies and school resource officers.
  902         1. Identify existing policies and procedures for active
  903  assailant incidents on school premises and evaluate the
  904  compliance with such policies and procedures in the execution of
  905  incident responses.
  906         2. Evaluate existing policies and procedures for active
  907  assailant incidents on school premises in comparison with
  908  national best practices.
  909         3. Evaluate the extent to which any failures in policy,
  910  procedure, or execution contributed to an inability to prevent
  911  deaths and injuries.
  912         4. Make specific recommendations for improving law
  913  enforcement and school resource officer incident response in the
  914  future.
  915         (c) Investigate any failures in interactions with
  916  perpetrators preceding mass violence incidents.
  917         1. Identify the history of interactions between
  918  perpetrators and government entities such as schools, law
  919  enforcement agencies, courts and social service agencies, and
  920  identify any failures to adequately communicate or coordinate
  921  regarding indicators of risk or possible threats.
  922         2. Evaluate the extent to which any such failures
  923  contributed to an inability to prevent deaths and injuries.
  924         3. Make specific recommendations for improving
  925  communication and coordination among entities with knowledge of
  926  indicators of risk or possible threats of mass violence in the
  927  future.
  928         4. Identify available state and local tools and resources
  929  for enhancing communication and coordination regarding
  930  indicators of risk or possible threats, including but not
  931  limited to, the Department of Law Enforcement Fusion Center or
  932  Judicial Inquiry System, and make specific recommendations for
  933  using such tools and resources more effectively in the future.
  934         (4)The commission has the power to investigate. The
  935  commission may delegate to its investigators the authority to
  936  administer oaths and affirmations.
  937         (5) The commission has standing to petition the court for a
  938  subpoena to compel the attendance of witnesses to testify before
  939  the commission. The commission has standing to petition the
  940  court to compel the production of any books, papers, records,
  941  documentary evidence, and other items, including confidential
  942  information, relevant to the performance of the duties of the
  943  commission or to the exercise of its powers. The commission must
  944  specify in the petition to the court for a subpoena the
  945  relevancy of such information to the performance of the
  946  commission duties or to the exercise of its powers. The chair or
  947  any other member of the commission may administer all oaths and
  948  affirmations in the manner prescribed by law to witnesses who
  949  appear before the commission for the purpose of testifying in
  950  any matter that concerning which the commission desires
  951  evidence. In the case of a refusal to obey a subpoena issued by
  952  the court to any person, the commission may make application to
  953  any circuit court of this state which shall have jurisdiction to
  954  order the witness to appear before the commission and to produce
  955  evidence, if so ordered, or to give testimony touching on the
  956  matter in question. Failure to obey the order may be punished by
  957  the court as contempt.
  958         (6)The commission may call upon appropriate agencies of
  959  state government for such professional assistance as may be
  960  needed in the discharge of its duties, and such agencies shall
  961  provide such assistance in a timely manner.
  962         (7)Notwithstanding any other law, the commission may
  963  request and shall be provided with access to any information or
  964  records, including confidential or exempt information or
  965  records, that pertain to the Marjory Stoneman Douglas High
  966  School shooting and prior mass violence incidents in Florida
  967  being reviewed by the commission and that are necessary for the
  968  commission to carry out its duties. Information or records
  969  obtained by the commission that are otherwise confidential or
  970  exempt shall retain such confidential or exempt status and the
  971  commission may not disclose any such information or records.
  972         (8)The commission shall submit an initial report on its
  973  findings and recommendations to the Governor, President of the
  974  Senate, and Speaker of the House of Representatives by January
  975  1, 2019, and may issue reports annually thereafter. The
  976  commission shall sunset July 1, 2023, and this section is
  977  repealed on that date.
  978         Section 14. Section 1000.051, Florida Statutes, is created
  979  to read:
  980         1000.051 School safety and security.—
  981         (1) Pursuant to the authority granted under s. 1000.01, the
  982  Legislature intends that the provisions of the Florida K-20
  983  Education Code be liberally construed by the State Board of
  984  Education, the Commissioner of Education, district school
  985  boards, district superintendents, and law enforcement agencies
  986  to the end that student discipline and school safety policy
  987  objectives may be effective.
  988         (2) It is the intent of the Legislature, notwithstanding
  989  any other provision of the Florida K-20 Education Code and rules
  990  adopted pursuant thereto, with the exception of applicable
  991  public records exemption provisions authorized by law pertaining
  992  to exempt, or confidential and exempt, information, that school
  993  district and law enforcement personnel be authorized to take
  994  necessary actions to ensure the fundamental protection and
  995  safety of public school students, personnel, and visitors.
  996         Section 15. Section 1001.217, Florida Statutes, is created
  997  to read:
  998         1001.217 Office of Safe Schools.—There is created within
  999  the Department of Education the Office of Safe Schools, as
 1000  required under s. 20.15, which shall be administered by an
 1001  executive director.
 1002         (1) The office shall be fully accountable to the
 1003  Commissioner of Education, but must cooperate and coordinate
 1004  with the Board of Governors of the State University System,
 1005  public and nonpublic postsecondary institutions, school
 1006  districts, public and nonpublic schools, state and local
 1007  agencies, community organizations, and other organizations and
 1008  persons, as directed by the commissioner.
 1009         (2) The purpose of the office is to serve as the state
 1010  education agency’s primary coordinating division assigned to
 1011  promote and support safe learning environments by addressing
 1012  issues of student safety and academic success at the state,
 1013  district, and school levels. In performing these functions, the
 1014  office shall, at a minimum:
 1015         (a) Function as the state’s primary contact for the
 1016  coordination of activities, information, and reporting related
 1017  to the implementation of the student discipline and school
 1018  safety requirements of subpart I.C. of chapter 1006 pertaining
 1019  to public K-12 education support for learning and student
 1020  services, as well as other requirements of law pertaining to
 1021  school safety partnerships and responsibilities, as assigned by
 1022  the commissioner.
 1023         (b) Function as the state contact and state education
 1024  agency coordination office for school district safety
 1025  specialists, as assigned pursuant to s. 1006.12, and primary
 1026  emergency operations contact staff assigned by Florida College
 1027  System institutions, state universities, and other entities
 1028  identified by the commissioner.
 1029         (c) Coordinate with state and local agencies, school
 1030  district personnel, and safety and security experts to establish
 1031  safe school and security standards, review school safety and
 1032  security plans, establish guidelines regarding school district
 1033  appointments to and functions of public school threat assessment
 1034  teams and district school safety specialists, and update risk
 1035  assessment procedures, as appropriate.
 1036         (d) Develop and implement a training program for district
 1037  school safety specialists designated or appointed by a district
 1038  school board pursuant to s. 1006.07(8). Training program
 1039  elements must include, but need not be limited to, school safety
 1040  specialist participation in active shooter situation training
 1041  conducted pursuant to s. 1006.07(4)(b), campus tours performed
 1042  pursuant to s. 1006.07(7), program activities of the Public
 1043  School Emergency Response Learning System Program established
 1044  pursuant to s. 1006.149, and training associated with the
 1045  Florida Safe Schools Assessment Tool provided pursuant to s.
 1046  1006.1493.
 1047         Section 16. Subsection (3) is added to section 1002.221,
 1048  Florida Statutes, to read:
 1049         1002.221 K-12 education records; public records exemption.—
 1050         (3)This section does not limit the application of
 1051  exemptions from public records requirements for security system
 1052  plans and public security systems, including security footage,
 1053  or other information that would relate to or reveal the location
 1054  or capabilities of such systems, provided under ss.
 1055  119.071(3)(a) and 281.301.
 1056         Section 17. Subsection (4) is added to section 1002.225,
 1057  Florida Statutes, to read:
 1058         1002.225 Education records of students in public
 1059  postsecondary educational institutions; penalty.—
 1060         (4)This section does not limit the application of
 1061  exemptions from public records requirements for security system
 1062  plans and public security systems, including security footage,
 1063  or other information that would relate to or reveal the location
 1064  or capabilities of such systems, provided under ss.
 1065  119.071(3)(a) and 281.301.
 1066         Section 18. Section 1006.04, Florida Statutes, is amended
 1067  to read:
 1068         1006.04 Educational multiagency services for students with
 1069  severe emotional disturbance.—
 1070         (1)(a) The Legislature recognizes that an intensive,
 1071  integrated educational program,; a continuum of mental health
 1072  treatment services,; and, when needed, residential services are
 1073  necessary to enable students with severe emotional disturbance
 1074  to develop appropriate behaviors and demonstrate academic and
 1075  career education skills. The small incidence of severe emotional
 1076  disturbance in the total school population requires multiagency
 1077  programs to provide access to appropriate services for all
 1078  students with severe emotional disturbance. District school
 1079  boards should provide educational programs, and state
 1080  departments and agencies administering children’s mental health
 1081  funds should provide mental health treatment and residential
 1082  services when needed, forming a multiagency network to provide
 1083  support for students with severe emotional disturbance. To
 1084  facilitate solutions to these issues, the Multiagency Service
 1085  Network for Students with Severe Emotional Disturbance (SEDNET)
 1086  is established as a function of the department in partnership
 1087  with other state, regional, and local partners as a statewide
 1088  network of regional projects comprised of major child-serving
 1089  agencies, community-based service providers, and students and
 1090  their families.
 1091         (2) Under the leadership and guidance of the department,
 1092  the fundamental goal of SEDNET and its partners shall be to
 1093  facilitate the process of cross system collaboration and
 1094  inclusion of families as full partners. At a minimum, SEDNET
 1095  shall:
 1096         (a) Focus on developing interagency collaboration and
 1097  sustaining partnerships among professionals and families in the
 1098  education, mental health, substance abuse, child welfare, and
 1099  juvenile justice systems serving children and youth with, and at
 1100  risk of, emotional and behavioral disabilities.
 1101         (b) Provide technical assistance and support in building
 1102  service capacity within regional areas and collaborate in
 1103  related state level activities impacting system of care.
 1104         (c) Serve as a collaborative resource for school districts,
 1105  agencies, and families working to promote positive educational
 1106  and community-based outcomes for children.
 1107         (3)(b) The program goals for each component of SEDNET the
 1108  multiagency network are to enable students with severe emotional
 1109  disturbance to learn appropriate behaviors, reduce dependency,
 1110  and fully participate in all aspects of school and community
 1111  living; to develop individual programs for students with severe
 1112  emotional disturbance, including necessary educational,
 1113  residential, and mental health treatment services; to provide
 1114  programs and services as close as possible to the student’s home
 1115  in the least restrictive manner consistent with the student’s
 1116  needs; and to integrate a wide range of services necessary to
 1117  support students with severe emotional disturbance and their
 1118  families.
 1119         (4)(2) The Legislature may provide funding for the
 1120  department to may award grants to district school boards for
 1121  statewide planning and development of SEDNET the multiagency
 1122  network for students with severe emotional disturbance. The
 1123  educational services shall be provided in a manner consistent
 1124  with the requirements of ss. 402.22 and 1003.57.
 1125         (5)(3) State departments and agencies may use appropriate
 1126  funds for SEDNET the multiagency network for students with
 1127  severe emotional disturbance.
 1128         Section 19. Section 1006.05, Florida Statutes, is created
 1129  to read:
 1130         1006.05Mental health assistance allocation
 1131  specifications.—Pursuant to s. 1011.62(17), the mental health
 1132  assistance allocation is created to provide supplemental funding
 1133  to assist school districts and charter schools in establishing
 1134  or expanding comprehensive mental health programs that increase
 1135  awareness of mental health issues among children and school-age
 1136  youth; to train educators and other school staff in detecting
 1137  and responding to mental health issues; and to connect children,
 1138  youth, and families who may experience behavioral or mental
 1139  health issues with appropriate services.
 1140         (1) Funding provided pursuant to s. 1011.62(16) shall be
 1141  allocated in accordance with the following:
 1142         (a)Before the distribution of the allocation:
 1143         1. The district must annually develop and submit a detailed
 1144  plan outlining the local program and planned expenditures to the
 1145  district school board for approval.
 1146         2. A charter school must annually develop and submit a
 1147  detailed plan outlining the local program and planned
 1148  expenditures of the funds in the plan to its governing body for
 1149  approval. After the plan is approved by the governing body, it
 1150  must be provided to its school district for submission to the
 1151  commissioner.
 1152         (b) The plans required under paragraph (a) must include, at
 1153  a minimum, the elements in subparagraphs 1., 2., and 3., and the
 1154  districts and charter schools are strongly encouraged to include
 1155  in their respective plans the elements specified in
 1156  subparagraphs 4., 5., and 6., as follows:
 1157         1. A contract or a memorandum of understanding with at
 1158  least one local nationally accredited community behavioral
 1159  health provider or a provider of Community Action Team services
 1160  to provide a behavioral health staff presence and services at
 1161  district schools. Services may include, but are not limited to,
 1162  mental health screenings and assessments, individual counseling,
 1163  family counseling, group counseling, psychiatric or
 1164  psychological services, trauma-informed care, mobile crisis
 1165  services, and behavior modification. These behavioral health
 1166  services may be provided on or off the school campus and may be
 1167  supplemented by telehealth;
 1168         2.Training opportunities in Mental Health First Aid or
 1169  other similar nationally recognized evidence-based training
 1170  programs for all school personnel who have contact with
 1171  students. The training must cover risk factors and warning signs
 1172  for mental health and addiction concerns, strategies for
 1173  providing assistance to individuals in both crisis and non
 1174  crisis situations, and the use of referral mechanisms that
 1175  effectively link individuals to appropriate treatment and
 1176  intervention services in the school and in the community. Topics
 1177  covered should include depression and mood disorders, anxiety
 1178  disorders, trauma, psychosis, substance use disorders, and
 1179  suicide prevention;
 1180         3. A mental health crisis intervention strategy that
 1181  provides for prompt resolution of identified, immediate threats
 1182  within district schools, including Baker Act referrals and
 1183  notification of law enforcement personnel, as appropriate;
 1184         4. Programs to assist students in dealing with anxiety,
 1185  depression, bullying, trauma, and violence;
 1186         5. Strategies or programs to reduce the likelihood of at
 1187  risk students developing social, emotional, or behavioral health
 1188  problems; suicidal tendencies; or substance use disorders; and
 1189         6. Strategies to improve the early identification of
 1190  social, emotional, or behavioral problems or substance use
 1191  disorders and to improve the provision of early intervention
 1192  services.
 1193         (c)The districts shall submit approved plans to the
 1194  commissioner by August 1 of each year.
 1195         (2) Beginning September 30, 2019, and by each September 30
 1196  thereafter, each entity that receives an allocation under this
 1197  section and s. 1011.62(16) shall submit to the commissioner, in
 1198  a format prescribed by the department, a final report on its
 1199  program outcomes and its expenditures for each element of the
 1200  program. At a minimum, the report must include the number of
 1201  each of the following:
 1202         (a) Students who receive screenings or assessments.
 1203         (b) Students who are referred for services or assistance.
 1204         (c) Students who receive services or assistance.
 1205         (d) Parents or guardians notified.
 1206         (e) School personnel who are trained to engage in the
 1207  services, techniques, strategies, or programs identified in the
 1208  plan required under this section.
 1209         Section 20. Subsections (4) and (6) of section 1006.07,
 1210  Florida Statutes, are amended, and subsections (7) and (8) are
 1211  added to that section, to read:
 1212         1006.07 District school board duties relating to student
 1213  discipline and school safety.—The district school board shall
 1214  provide for the proper accounting for all students, for the
 1215  attendance and control of students at school, and for proper
 1216  attention to health, safety, and other matters relating to the
 1217  welfare of students, including:
 1218         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1219         (a) Formulate and prescribe policies and procedures for
 1220  emergency drills and for actual emergencies, including, but not
 1221  limited to, fires, natural disasters, hostage and active shooter
 1222  situations, and bomb threats, for all the public schools of the
 1223  district which comprise grades K-12. District school board
 1224  policies shall include commonly used alarm system responses for
 1225  specific types of emergencies and verification by each school
 1226  that drills have been provided as required by law and fire
 1227  protection codes. The emergency response agency that is
 1228  responsible for notifying the school district for each type of
 1229  emergency must be listed in the district’s emergency response
 1230  policy.
 1231         (b) Establish model emergency management and emergency
 1232  preparedness procedures, including emergency notification
 1233  procedures pursuant to paragraph (a), for the following life
 1234  threatening emergencies:
 1235         1. Weapon-use, and hostage, and active shooter situations.
 1236  The active shooter situation training for each school must
 1237  engage the participation of the district school safety
 1238  specialist, threat assessment team members, faculty, staff, and
 1239  students and must be conducted by the law enforcement agency or
 1240  agencies that are designated as first responders to the school’s
 1241  campus.
 1242         2. Hazardous materials or toxic chemical spills.
 1243         3. Weather emergencies, including hurricanes, tornadoes,
 1244  and severe storms.
 1245         4. Exposure as a result of a manmade emergency.
 1246         (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
 1247  district shall: Use the Safety and Security Best Practices
 1248  developed by the Office of Program Policy Analysis and
 1249  Government Accountability to
 1250         (a) Designate a threat assessment team, in accordance with
 1251  guidelines established by the Office of Safe Schools, at each
 1252  school in the district. The threat assessment team shall operate
 1253  under the direction of the district school safety specialist.
 1254         (b) Conduct security risk assessments in accordance with s.
 1255  1006.1493 at each public school and conduct a self-assessment of
 1256  the school district’s districts’ current safety and security
 1257  practices using a format prescribed by the department. Based on
 1258  these self-assessment findings, the district school
 1259  superintendent shall provide recommendations to the district
 1260  school board which identify strategies and activities that the
 1261  district school board should implement in order to improve
 1262  school safety and security. Annually each district school board
 1263  must receive such findings and the superintendent’s
 1264  recommendations the self-assessment results at a publicly
 1265  noticed district school board meeting to provide the public an
 1266  opportunity to hear the district school board members discuss
 1267  and take action on the report findings and recommendations. Each
 1268  district school superintendent shall report such findings the
 1269  self-assessment results and school board action to the
 1270  commissioner within 30 days after the district school board
 1271  meeting.
 1272         (c) Develop a plan, in a format prescribed by the
 1273  department, which includes a secure, single point of entry onto
 1274  school grounds.
 1275         (7) SAFETY IN CONSTRUCTION PLANNING.—A district school
 1276  board must allow the law enforcement agency or agencies that are
 1277  designated as first responders to the district’s campus and
 1278  school’s campuses to tour such campuses once every 3 years. Any
 1279  changes related to school safety and emergency issues
 1280  recommended by a law enforcement agency based on a campus tour
 1281  must be documented by the district school board.
 1282         (8) DISTRICT SCHOOL SAFETY SPECIALIST.—A district school
 1283  board shall designate or appoint a district school safety
 1284  specialist to serve at the direction of the superintendent as
 1285  the district’s primary point of public contact regarding the
 1286  district’s coordination, communication, and implementation of
 1287  policies, procedures, responsibilities, and reporting related to
 1288  district and public school safety functions. The school safety
 1289  specialist shall do all of the following:
 1290         (a) Coordinate with the Office of Safe Schools created
 1291  pursuant to s. 1001.217.
 1292         (b) Facilitate the collection and dissemination of
 1293  information among and between the school district, school
 1294  personnel, students and their families, state and local law
 1295  enforcement agencies, community health entities, and other state
 1296  and community partners.
 1297         (c) Maintain records and reports and facilitate the
 1298  implementation of policies regarding the respective duties and
 1299  responsibilities of the school districts, superintendents, and
 1300  principals and reporting regarding student discipline and school
 1301  safety requirements.
 1302         (d) Oversee and coordinate threat assessment teams and
 1303  provide a coordinated approach to evaluating and responding to
 1304  students who pose, or appear to pose, a credible potential
 1305  threat of violence or harm to themselves or others.
 1306         (e) Perform other responsibilities assigned by the
 1307  superintendent and requested by the Office of Safe Schools to
 1308  facilitate and coordinate the effective implementation of
 1309  student discipline and school safety requirements.
 1310         Section 21. Section 1006.12, Florida Statutes, is amended
 1311  to read:
 1312         1006.12 Safe-school resource officers at each public school
 1313  and school safety officers.—For the protection and safety of
 1314  school personnel, property, students, and visitors, each
 1315  district school board and school district superintendent shall
 1316  cooperate with law enforcement agencies to establish or assign
 1317  one or more safe-school officers at each school facility within
 1318  the district, by implementing any combination of the following
 1319  options:
 1320         (1) District school boards may Establish school resource
 1321  officer programs, through a cooperative agreement with law
 1322  enforcement agencies or in accordance with subsection (2).
 1323         (a) School resource officers shall undergo criminal
 1324  background checks, drug testing, and a psychological evaluation
 1325  and be certified law enforcement officers, as defined in s.
 1326  943.10(1), who are employed by a law enforcement agency as
 1327  defined in s. 943.10(4). The powers and duties of a law
 1328  enforcement officer shall continue throughout the employee’s
 1329  tenure as a school resource officer.
 1330         (b) School resource officers shall abide by district school
 1331  board policies and shall consult with and coordinate activities
 1332  through the school principal, but shall be responsible to the
 1333  law enforcement agency in all matters relating to employment,
 1334  subject to agreements between a district school board and a law
 1335  enforcement agency. Activities conducted by the school resource
 1336  officer which are part of the regular instructional program of
 1337  the school shall be under the direction of the school principal.
 1338         (2) Commission one or more school safety officers for the
 1339  protection and safety of school personnel, property, and
 1340  students within the school district. The district school
 1341  superintendent may recommend, and the district school board may
 1342  appoint, one or more school safety officers.
 1343         (2)(a) School safety officers shall undergo criminal
 1344  background checks, drug testing, and a psychological evaluation
 1345  and be law enforcement officers, as defined in s. 943.10(1),
 1346  certified under the provisions of chapter 943 and employed by
 1347  either a law enforcement agency or by the district school board.
 1348  If the officer is employed by the district school board, the
 1349  district school board is the employing agency for purposes of
 1350  chapter 943, and must comply with the provisions of that
 1351  chapter.
 1352         (b) A district school board may commission one or more
 1353  school safety officers for the protection and safety of school
 1354  personnel, property, and students within the school district.
 1355  The district school superintendent may recommend and the
 1356  district school board may appoint one or more school safety
 1357  officers.
 1358         (b)(c) A school safety officer has and shall exercise the
 1359  power to make arrests for violations of law on district school
 1360  board property and to arrest persons, whether on or off such
 1361  property, who violate any law on such property under the same
 1362  conditions that deputy sheriffs are authorized to make arrests.
 1363  A school safety officer has the authority to carry weapons when
 1364  performing his or her official duties.
 1365         (c)(d) A district school board may enter into mutual aid
 1366  agreements with one or more law enforcement agencies as provided
 1367  in chapter 23. A school safety officer’s salary may be paid
 1368  jointly by the district school board and the law enforcement
 1369  agency, as mutually agreed to.
 1370         (3) Participate in the Florida Sheriff’s Marshal Program,
 1371  established pursuant to s. 1006.1491. Upon a participant’s
 1372  completion of the program, the district school board shall
 1373  designate a special deputy sheriff, as appointed by the sheriff
 1374  as a law enforcement officer certified under chapter 943,
 1375  pursuant to s. 30.072(2).
 1376         Section 22. Section 1006.149, Florida Statutes, is created
 1377  to read:
 1378         1006.149 Public School Emergency Response Learning System
 1379  Program.—
 1380         (1) The Public School Emergency Response Learning System
 1381  Program is established to assist school personnel in preparing
 1382  for and responding to active emergency situations and to
 1383  implement local notification systems for all Florida public
 1384  schools, with the ultimate goal of preventing tragedy and the
 1385  loss of life through proactive strategies.
 1386         (2) The program is created within the department and shall
 1387  be administered by the Office of Safe Schools, created pursuant
 1388  to s. 1001.217. Through the program, local law enforcement
 1389  agencies shall partner with participating public preschools,
 1390  public child care providers, or public school districts and
 1391  schools. Training, notifications, and resources must be
 1392  available for school personnel and students and their families
 1393  through, at minimum, the following mechanisms:
 1394         (a) Activities and direct training to mitigate risk and
 1395  save lives in emergency situations, such as lockdown, bomb
 1396  threat, active shooter, and other emergency situations.
 1397         (b) Vital local notification systems implemented to alert
 1398  schools of imminent danger.
 1399         (c) Other resources provided in conjunction with the
 1400  training, including, but not limited to, an emergency plan flip
 1401  chart, communication cards, instructional resources, activity
 1402  books for children and teachers, and certificates of training
 1403  and completion.
 1404         (3) Each program participant must develop a preemptive plan
 1405  of action that includes multiple options for addressing various
 1406  situations based on the form of danger present and the unique
 1407  needs and circumstances of each school and its faculty, staff,
 1408  students, and visitors.
 1409         (4) A school district must include in its emergency
 1410  notification procedures established pursuant to s. 1006.07 any
 1411  program participant who notifies the district of his or her
 1412  desire to participate.
 1413         (5) Funding for program activities may be provided by the
 1414  Legislature to implement this section.
 1415         Section 23. Section 1006.1491, Florida Statutes, is created
 1416  to read:
 1417         1006.1491Florida Sheriff’s Marshal Program.—The Florida
 1418  Sheriff’s Marshal Program is created within the department as a
 1419  voluntary program to assist school districts and public schools
 1420  in enhancing the safety and security of students, faculty,
 1421  staff, and visitors to Florida’s public schools and campuses.
 1422  The program is administered by the Office of Safe Schools,
 1423  created pursuant to s. 1001.217.
 1424         (1) PURPOSE.—The purpose of the program is to provide
 1425  comprehensive firearm safety and proficiency training for
 1426  selected faculty and staff strategically focused on providing
 1427  security on campus during an active assailant incident. Public
 1428  school faculty and staff who voluntarily participate in and
 1429  complete the program, as recommended by the school district, are
 1430  designated as special deputy sheriffs with all rights,
 1431  responsibilities, and obligations in carrying concealed firearms
 1432  on campus, as authorized pursuant to s. 30.09.
 1433         (2) DEFINITIONS.—As used in this section, the term:
 1434         (a) “Active assailant incident” means a situation in which
 1435  an armed assailant is posing an immediate deadly threat to
 1436  persons on the premises or campus of a public school.
 1437         (b) “Campus” means a school, as defined in s. 1003.01(2),
 1438  and facilities and school plants operated and controlled by a
 1439  public school district in accordance with s. 1003.02.
 1440         (c) “Partnership agreement” means a jointly approved
 1441  contract between the sheriff operating the program and the
 1442  superintendent of a participating school district sponsor.
 1443         (d) “Program” means a Florida Sheriff’s Marshal Program as
 1444  established and administered by a sheriff in accordance with
 1445  this section.
 1446         (e) “Sheriff” means the county sheriff constitutional
 1447  officer elected or appointed in accordance with chapter 30.
 1448         (f) “Sheriff’s marshal” means a faculty or staff member who
 1449  is recommended and sponsored by a school district and has been
 1450  successfully screened and approved by the sheriff to participate
 1451  in a program.
 1452         (g) “Special deputy sheriff” means a program participant
 1453  who has successfully completed the program and who is appointed
 1454  as a law enforcement officer in the same manner as a deputy
 1455  sheriff as provided in s. 30.072(2) and certified under chapter
 1456  943.
 1457         (3) PROGRAM ELIGIBILITY.—At a minimum, program eligibility
 1458  and participation requirements must include:
 1459         (a) A school district may sponsor and recommend to the
 1460  sheriff public school faculty and staff members as candidates
 1461  for voluntary participation in the program. The sheriff shall
 1462  establish timelines and requirements for participation through a
 1463  partnership agreement with the sponsoring school district
 1464  superintendent. To be eligible for consideration and
 1465  recommendation, a candidate must be licensed in accordance with
 1466  s. 790.06.
 1467         (b) After screening a candidate, including performing
 1468  criminal background checks, drug testing, and a psychological
 1469  evaluation, the sheriff may approve a candidate to participate
 1470  in the program as a sheriff’s marshal.
 1471         (c) Upon successful completion of the program, a sheriff’s
 1472  marshal may be appointed by the sheriff as a special deputy
 1473  sheriff for the limited purpose of responding to an active
 1474  assailant incident on a campus of his or her school district
 1475  during an active assailant incident.
 1476         (4) SPECIAL DEPUTY SHERIFF.—
 1477         (a) At a minimum, the partnership agreement must provide
 1478  that a special deputy sheriff:
 1479         1. Must participate in and complete the program’s
 1480  professional training requirements as a precondition to meeting
 1481  the legal requirements of chapter 30 to be eligible to carry a
 1482  concealed firearm on a campus of his or her sponsoring school
 1483  district.
 1484         2. May not act in any law enforcement capacity outside of
 1485  an active assailant incident on a school district campus and
 1486  does not have any authority in a law enforcement capacity off
 1487  campus in any way, except as otherwise expressly authorized by
 1488  law.
 1489         3. May carry concealed, approved firearms on campus. The
 1490  firearms must be specifically purchased and issued for the sole
 1491  purpose of the program. Only concealed carry safety holsters and
 1492  firearms approved by the sheriff may be used under the program.
 1493         4. Must successfully complete training with the sheriff’s
 1494  office before his or her appointment as a special deputy
 1495  sheriff, including meeting the requirements of this section.
 1496         (b) The appointment of a person as a special deputy sheriff
 1497  does not entitle the person to the special risk category that
 1498  applies to law enforcement officers pursuant to s. 121.0515.
 1499         (5) TRAINING AND INSTRUCTION.—All training must be
 1500  conducted by Criminal Justice Standards Training Commission
 1501  (CJSTC)-certified instructors.
 1502         (a) Required instruction must include 132 total hours of
 1503  comprehensive firearm safety and proficiency training in the
 1504  following topics:
 1505         1. Firearms: 80-hour block of instruction. The firearms
 1506  instruction must be based on the CJSTC Law Enforcement Academy
 1507  training model and must be enhanced to include 10 percent to 20
 1508  percent more rounds fired by each program participant beyond the
 1509  minimum average of approximately 1,000 training rounds
 1510  associated with academy training. Program participants must
 1511  achieve an 85 percent pass rate on the firearms training.
 1512         2. Firearms precision pistol: 16-hour block of instruction.
 1513         3. Firearms discretionary shooting: 4-hour block of
 1514  instruction using state-of-the-art simulator exercises.
 1515         4. Active shooter or assailant: 8-hour block of
 1516  instruction.
 1517         5. Defensive tactics: 4-hour block of instruction.
 1518         6. Legal or high liability: 20-hour block of instruction.
 1519         (b) Program participants may complete an optional, 16-hour
 1520  precision pistol course as additional training.
 1521         (c) Ongoing and annual proficiency retraining must be
 1522  conducted by the sheriff, as specified in the agreement.
 1523         (6) PARTICIPATION DENIAL OR TERMINATION.—The sheriff or the
 1524  district superintendent may deny or terminate a sheriff’s
 1525  marshal or special deputy sheriff’s participation in the program
 1526  for any reason, including, but not limited to, any of the
 1527  following circumstances:
 1528         (a) An arrest or filing of criminal charges against a
 1529  program participant by a law enforcement agency.
 1530         (b) The service of process on the program participant as
 1531  the respondent of an injunction for protection.
 1532         (c) The involuntary placement of the program participant in
 1533  a treatment facility for a mental health examination under The
 1534  Baker Act.
 1535         (d) A violation of sheriff office policies, orders, or
 1536  requirements by the program participant.
 1537         (e) A violation of the school district’s code of conduct or
 1538  employee handbook or policy by the program participant.
 1539         (7) IMPLEMENTATION.—
 1540         (a) The sheriff shall maintain documentation of weapon and
 1541  equipment inspections, as well as the training, certification,
 1542  inspection, and qualification records of each program
 1543  participant.
 1544         (b) Each program participant must be distinctly and
 1545  visually identifiable to responding law enforcement officers,
 1546  faculty, staff, and students, in the case of any active
 1547  assailant incident on a sponsoring school district’s campus.
 1548         (c) Each sheriff’s marshal must execute a volunteer
 1549  agreement with the sheriff’s office outlining duties and
 1550  responsibilities.
 1551         (d) A sponsoring school district must conduct awareness
 1552  training about the program for all school district faculty and
 1553  staff members.
 1554         (e) Specific implementation requirements, responsibilities,
 1555  and other aspects of implementation must be specified in a
 1556  partnership agreement.
 1557         (8) FUNDING.—The costs of program participation must be
 1558  established in the partnership agreement. Funding may be
 1559  provided by the Legislature to support school district and
 1560  sheriff office administration, sponsorship, participation, and
 1561  implementation of this section.
 1562         Section 24. Section 1006.1493, Florida Statutes, is created
 1563  to read:
 1564         1006.1493Florida Safe Schools Assessment Tool.—
 1565         (1) The department shall contract with a security
 1566  consulting firm that specializes in the development of risk
 1567  assessment software solutions and has experience in conducting
 1568  security assessments of public facilities to develop, update,
 1569  and implement a risk assessment tool, which shall be known as
 1570  the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must
 1571  be used by school officials at each school district and public
 1572  school site in the state in conducting security assessments for
 1573  use by school officials at each school district and public
 1574  school site in the state.
 1575         (2) The FSSAT must help school officials identify threats,
 1576  vulnerabilities, and appropriate safety controls for the schools
 1577  that they supervise, pursuant to the security risk assessment
 1578  requirements of s. 1006.07(6).
 1579         (a) At a minimum, the FSSAT must address all of the
 1580  following components:
 1581         1. School emergency and crisis preparedness planning;
 1582         2. Security, crime, and violence prevention policies and
 1583  procedures;
 1584         3. Physical security measures;
 1585         4. Professional development training needs;
 1586         5. An examination of support service roles in school
 1587  safety, security, and emergency planning;
 1588         6. School security and school police staffing, operational
 1589  practices, and related services;
 1590         7. School and community collaboration on school safety; and
 1591         8. A return on investment analysis of the recommended
 1592  physical security controls.
 1593         (b) The department shall require by contract that the
 1594  security consulting firm:
 1595         1. Generate written automated reports on assessment
 1596  findings for review by the department and school and district
 1597  officials;
 1598         2. Provide training to the department and school officials
 1599  in the use of the FSSAT and other areas of importance identified
 1600  by the department; and
 1601         3. Advise in the development and implementation of
 1602  templates, formats, guidance, and other resources necessary to
 1603  facilitate the implementation of this section at state,
 1604  district, school, and local levels.
 1605         (3) By December 1, 2018, and annually by that date
 1606  thereafter, the department must report to the Governor, the
 1607  President of the Senate, and the Speaker of the House of
 1608  Representatives on the status of implementation across school
 1609  districts and schools. The report must include a summary of the
 1610  positive school safety measures in place at the time of the
 1611  assessment and any recommendations for policy changes or funding
 1612  needed to facilitate continued school safety planning,
 1613  improvement, and response at the state, district, or school
 1614  levels.
 1615         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
 1616  and information related to security risk assessments
 1617  administered pursuant to this section and s. 1006.07(6) and the
 1618  security information contained in the annual report required
 1619  pursuant to subsection (3) are confidential and exempt from
 1620  public records requirements.
 1621         Section 25. Present subsections (16) and (17) of section
 1622  1011.62, Florida Statutes, are redesignated as subsections (17)
 1623  and (18), respectively, subsections (14) and (15) of that
 1624  section are amended, and a new subsection (16) is added to that
 1625  section, to read:
 1626         1011.62 Funds for operation of schools.—If the annual
 1627  allocation from the Florida Education Finance Program to each
 1628  district for operation of schools is not determined in the
 1629  annual appropriations act or the substantive bill implementing
 1630  the annual appropriations act, it shall be determined as
 1631  follows:
 1632         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 1633  annually in the General Appropriations Act determine a
 1634  percentage increase in funds per K-12 unweighted FTE as a
 1635  minimum guarantee to each school district. The guarantee shall
 1636  be calculated from prior year base funding per unweighted FTE
 1637  student which shall include the adjusted FTE dollars as provided
 1638  in subsection (17) (16), quality guarantee funds, and actual
 1639  nonvoted discretionary local effort from taxes. From the base
 1640  funding per unweighted FTE, the increase shall be calculated for
 1641  the current year. The current year funds from which the
 1642  guarantee shall be determined shall include the adjusted FTE
 1643  dollars as provided in subsection (17) (16) and potential
 1644  nonvoted discretionary local effort from taxes. A comparison of
 1645  current year funds per unweighted FTE to prior year funds per
 1646  unweighted FTE shall be computed. For those school districts
 1647  which have less than the legislatively assigned percentage
 1648  increase, funds shall be provided to guarantee the assigned
 1649  percentage increase in funds per unweighted FTE student. Should
 1650  appropriated funds be less than the sum of this calculated
 1651  amount for all districts, the commissioner shall prorate each
 1652  district’s allocation. This provision shall be implemented to
 1653  the extent specifically funded.
 1654         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1655  created to provide funding to assist school districts in their
 1656  compliance with subpart I.C. of chapter 1006 ss. 1006.07
 1657  1006.148, with priority given to satisfying the requirement of
 1658  establishing or assigning at least one safe-school officer at
 1659  each school facility within the district a school resource
 1660  officer program pursuant to s. 1006.12. Each school district
 1661  shall receive a minimum safe schools allocation in an amount
 1662  provided in the General Appropriations Act. Of the remaining
 1663  balance of the safe schools allocation, two-thirds shall be
 1664  allocated to school districts based on the most recent official
 1665  Florida Crime Index provided by the Department of Law
 1666  Enforcement and one-third shall be allocated based on each
 1667  school district’s proportionate share of the state’s total
 1668  unweighted full-time equivalent student enrollment.
 1669         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1670  assistance allocation is created to provide funding to assist
 1671  school districts and charter schools in their compliance with
 1672  the requirements and specifications established in s. 1006.05.
 1673  These funds must be allocated annually in the General
 1674  Appropriations Act to each eligible school district and
 1675  developmental research school based on each entity’s
 1676  proportionate share of Florida Education Finance Program base
 1677  funding, in accordance with s. 1006.05. The district funding
 1678  allocation must include a minimum amount, as provided in the
 1679  General Appropriations Act. Eligible charter schools are
 1680  entitled to a proportionate share of district funding for the
 1681  program. The allocated funds may not supplant funds that are
 1682  provided for this purpose from other operating funds and may not
 1683  be used to increase salaries or provide bonuses, except for
 1684  personnel hired to implement the plans required by s. 1006.05.
 1685  School districts and schools must maximize third-party funding
 1686  from Medicaid and private insurance when appropriate.
 1687         Section 26. For the purpose of incorporating the amendment
 1688  made by this act to section 790.065, Florida Statutes, in a
 1689  reference thereto, subsection (2) of section 397.6760, Florida
 1690  Statutes, is reenacted to read:
 1691         397.6760 Court records; confidentiality.—
 1692         (2) This section does not preclude the clerk of the court
 1693  from submitting the information required by s. 790.065 to the
 1694  Department of Law Enforcement.
 1695         Section 27. For the purpose of incorporating the amendment
 1696  made by this act to section 790.065, Florida Statutes, in a
 1697  reference thereto, paragraph (e) of subsection (3) of section
 1698  790.335, Florida Statutes, is reenacted to read:
 1699         790.335 Prohibition of registration of firearms; electronic
 1700  records.—
 1701         (3) EXCEPTIONS.—The provisions of this section shall not
 1702  apply to:
 1703         (e)1. Records kept pursuant to the recordkeeping provisions
 1704  of s. 790.065; however, nothing in this section shall be
 1705  construed to authorize the public release or inspection of
 1706  records that are made confidential and exempt from the
 1707  provisions of s. 119.07(1) by s. 790.065(4)(a).
 1708         2. Nothing in this paragraph shall be construed to allow
 1709  the maintaining of records containing the names of purchasers or
 1710  transferees who receive unique approval numbers or the
 1711  maintaining of records of firearm transactions.
 1712         Section 28. This act shall take effect upon becoming a law.
 1713  
 1714  ================= T I T L E  A M E N D M E N T ================
 1715  And the title is amended as follows:
 1716         Delete everything before the enacting clause
 1717  and insert:
 1718                        A bill to be entitled                      
 1719         An act relating to public safety; providing a short
 1720         title; amending s. 20.15, F.S.; establishing the
 1721         Office of Safe Schools within the Department of
 1722         Education; amending s. 394.463, F.S.; authorizing a
 1723         law enforcement officer to seize and hold firearms and
 1724         ammunition if taking custody of a person who poses a
 1725         potential danger to himself or herself or others and
 1726         who has made a credible threat against another person;
 1727         requiring the law enforcement officer’s agency to hold
 1728         seized firearms and ammunition under certain
 1729         circumstances; requiring law enforcement agencies to
 1730         develop certain policies and procedures; authorizing a
 1731         law enforcement officer to petition a court for a risk
 1732         protection order under certain circumstances; creating
 1733         s. 790.064, F.S.; prohibiting a person who has been
 1734         adjudicated mentally defective or been committed to a
 1735         mental institution from owning or possessing a firearm
 1736         until certain relief is obtained; specifying that the
 1737         firearm possession and ownership disability runs
 1738         concurrently with the firearm purchase disability
 1739         under certain provisions; authorizing a person to
 1740         petition for relief from the firearm possession and
 1741         ownership disability; requiring that petitions for
 1742         relief follow certain procedures; authorizing such
 1743         person to petition for simultaneous relief; amending
 1744         s. 790.065, F.S.; prohibiting a licensed importer,
 1745         manufacturer, or dealer from selling or delivering a
 1746         firearm to a person who is under 21 years of age;
 1747         providing exceptions; prohibiting a person younger
 1748         than a certain age from purchasing a firearm;
 1749         prohibiting the sale or transfer, or facilitation of a
 1750         sale or transfer, of a firearm to a person younger
 1751         than a certain age by a licensed importer, licensed
 1752         manufacturer, or licensed dealer; providing criminal
 1753         penalties; providing exceptions; amending s. 790.0655,
 1754         F.S.; revising the mandatory waiting period to the
 1755         later of either 3 days, excluding weekends and legal
 1756         holidays, or upon the completion of certain records
 1757         checks; revising and redefining terms; requiring that
 1758         records of firearm sales be available for inspection
 1759         by any law enforcement agency during normal business
 1760         hours; revising applicability of the waiting period;
 1761         conforming provisions to changes made by the act;
 1762         creating s. 790.34, F.S.; defining the term “bump-fire
 1763         stock”; prohibiting the importation, transfer,
 1764         distribution, transport, sale, or giving of a bump
 1765         fire stock in this state; providing criminal
 1766         penalties; providing legislative intent; providing a
 1767         short title; creating s. 790.401, F.S.; defining
 1768         terms; creating an action known as a petition for a
 1769         risk protection order to prevent persons who are at
 1770         high risk of harming themselves or others from
 1771         accessing firearms or ammunition; providing
 1772         requirements for petitions for such orders; providing
 1773         duties for courts and clerks of court; prohibiting
 1774         fees for the filing of or service of process of such
 1775         petitions; providing for jurisdiction for such
 1776         petitions; requiring hearings on petitions within a
 1777         specified period; providing service requirements;
 1778         providing grounds that may be considered in
 1779         determining whether to grant such a petition;
 1780         providing requirements for proceedings; providing
 1781         requirements for risk protection orders; requiring the
 1782         court to inform a respondent of his or her right to
 1783         request a certain hearing; authorizing temporary ex
 1784         parte orders under certain circumstances; providing
 1785         requirements for petitions for such ex parte orders;
 1786         providing for service of orders; providing for the
 1787         termination or extension of an order; providing for
 1788         the surrender and storage of firearms and ammunition
 1789         after issuance of a risk protection order; requiring
 1790         law enforcement agencies to develop certain policies
 1791         and procedures by a certain date; providing for return
 1792         of firearms and ammunition upon the vacating or end
 1793         without the extension of an order under certain
 1794         circumstances; authorizing a respondent to elect to
 1795         transfer all firearms and ammunition surrendered or
 1796         seized by a law enforcement agency to another person
 1797         under certain circumstances; requiring an issuing
 1798         court to forward specified information concerning a
 1799         respondent to the Department of Agriculture and
 1800         Consumer Services; requiring the department to suspend
 1801         a license to carry a concealed weapon or firearm which
 1802         is held by a person subject to such an order;
 1803         prohibiting a person from knowingly filing a petition
 1804         for such an order which contains materially false or
 1805         misleading information; providing criminal penalties;
 1806         prohibiting violations of such an order; providing
 1807         criminal penalties; providing construction; providing
 1808         that the risk protection order provisions do not
 1809         create liability for certain acts or omissions;
 1810         requiring the Office of the State Courts Administrator
 1811         to develop and distribute certain instructional and
 1812         informational material; creating s. 943.082, F.S.;
 1813         requiring the Department of Law Enforcement to
 1814         competitively procure a mobile suspicious activity
 1815         reporting tool; requiring the system to notify certain
 1816         parties of specified information; requiring
 1817         information received by the system to be reported to
 1818         the appropriate agencies and school officials;
 1819         requiring certain entities to be made aware of the
 1820         system; requiring certain materials be provided to
 1821         participating schools and school districts; creating
 1822         s. 943.687, F.S.; creating the Marjory Stoneman
 1823         Douglas High School Public Safety Commission within
 1824         the Florida Department of Law Enforcement; requiring
 1825         the commission to convene by a certain date;
 1826         specifying the composition of the commission;
 1827         specifying meeting requirements; requiring Florida
 1828         Department of Law Enforcement staff to assist the
 1829         commission; authorizing reimbursement for per diem and
 1830         travel expenses; providing the duties and authority of
 1831         the commission; requiring the commission to submit an
 1832         initial report to the Governor and the Legislature
 1833         within a specified time; providing for the expiration
 1834         of the commission; creating s. 1000.051, F.S.;
 1835         providing legislative intent regarding school safety
 1836         and security; creating s. 1001.217, F.S.; creating the
 1837         Office of Safe Schools; providing the purpose and
 1838         duties of the office; amending ss. 1002.221 and
 1839         1002.225, F.S.; providing for construction regarding
 1840         the applicability of public records exemptions for
 1841         security system plans and security systems; amending
 1842         s. 1006.04, F.S.; establishing the Multiagency Service
 1843         Network for Students with Severe Emotional
 1844         Disturbance; specifying the goals and duties of the
 1845         program; authorizing the Legislature to provide
 1846         funding to the department to award grants; creating s.
 1847         1006.05, F.S.; providing a purpose of the mental
 1848         health assistance allocation; requiring that school
 1849         districts and charter schools annually develop and
 1850         submit certain detailed plans; requiring that approved
 1851         charter school plans be provided to the district for
 1852         submission to the Commissioner of Education; providing
 1853         that required plans must include certain elements;
 1854         requiring school districts to annually submit approved
 1855         plans to the commissioner by a specified date;
 1856         requiring that entities receiving such allocations
 1857         annually submit a final report on program outcomes and
 1858         specific expenditures to the commissioner by a
 1859         specified date; amending s. 1006.07, F.S.; requiring
 1860         district school boards to formulate and prescribe
 1861         policies and procedures for active shooter situations;
 1862         requiring that active shooter situation training for
 1863         each school be conducted by the law enforcement agency
 1864         or agencies that are designated as first responders to
 1865         the school’s campus; requiring each school district to
 1866         designate a threat assessment team; requiring each
 1867         school district to conduct certain assessments in a
 1868         specified format; requiring a district school
 1869         superintendent to provide specified entities with
 1870         certain findings and certain strategy and activity
 1871         recommendations to improve school safety and security;
 1872         requiring that district school boards allow campus
 1873         tours by such law enforcement agency or agencies at
 1874         specified times and for specified purposes; requiring
 1875         that certain recommendations be documented by such
 1876         board or principal; requiring each district school
 1877         board to designate or appoint a district school safety
 1878         specialist; providing duties of the school safety
 1879         specialist; amending s. 1006.12, F.S.; requiring
 1880         district school boards to establish or assign safe
 1881         school officers at each district school facility
 1882         within the district; requiring school resource
 1883         officers and school safety officers to undergo
 1884         specified evaluations; specifying that participation
 1885         in the Florida Sheriff’s Marshal Program meets the
 1886         requirement; creating s. 1006.149, F.S.; establishing
 1887         the Public School Emergency Response Learning System
 1888         Program within the department; establishing the
 1889         program as a partnership between local law enforcement
 1890         agencies and public education entities; specifying
 1891         activities, training, notification systems, and
 1892         resources provided through the program; specifying the
 1893         creation of a preemptive plan of action; authorizing
 1894         funding provided by the Legislature to implement the
 1895         program; creating s. 1006.1491, F.S.; creating the
 1896         Florida Sheriff’s Marshal Program within the
 1897         department; specifying a purpose; defining terms;
 1898         establishing program eligibility requirements;
 1899         authorizing special deputy sheriffs to perform certain
 1900         duties, under specified circumstances; specifying
 1901         training and instructional requirements; specifying
 1902         grounds for termination and denial of participants;
 1903         specifying implementation requirements; authorizing
 1904         funding as provided by the Legislature; creating s.
 1905         1006.1493, F.S.; requiring the department to contract
 1906         with a security consulting firm to develop, update,
 1907         and implement a risk assessment tool; providing
 1908         requirements for the Florida Safe Schools Assessment
 1909         Tool; requiring reports, training, and advice in the
 1910         security consulting firm contract; requiring a
 1911         specified annual report to the Governor and
 1912         Legislature by a specified date; providing for
 1913         construction regarding the applicability of public
 1914         records exemptions for certain security data and
 1915         information; amending s. 1011.62, F.S.; expanding the
 1916         safe schools allocation to provide funding for
 1917         specified school safety provisions; creating the
 1918         mental health assistance allocation; providing the
 1919         purpose of the allocation; requiring that funds be
 1920         allocated annually in the General Appropriations Act;
 1921         providing for the annual allocation of such funds on a
 1922         specified basis; providing that eligible charter
 1923         schools are entitled to a proportionate share;
 1924         prohibiting the use of allocated funds to supplant
 1925         funds provided from other operating funds, to increase
 1926         salaries, or to provide bonuses, except in certain
 1927         circumstances; requiring that school districts and
 1928         schools maximize certain third-party funding;
 1929         reenacting ss. 397.6760(2) and 790.335(3)(e), F.S.,
 1930         relating to the confidentiality of court records and
 1931         exceptions to the prohibition of registration of
 1932         firearms, respectively, to incorporate the amendment
 1933         made to s. 790.065, F.S., in references thereto;
 1934         providing an effective date.