Florida Senate - 2018                                    SB 7026
       
       
        
       By the Committee on Rules
       
       
       
       
       
       595-03745-18                                          20187026__
    1                        A bill to be entitled                      
    2         An act relating to public safety; providing a short
    3         title; amending s. 20.15, F.S.; establishing the
    4         Office of Safe Schools within the Department of
    5         Education; amending s. 394.463, F.S.; authorizing a
    6         law enforcement officer to seize and hold firearms and
    7         ammunition if taking custody of a person who poses a
    8         potential danger to himself or herself or others and
    9         who has made a credible threat against another person;
   10         requiring the law enforcement officer’s agency to hold
   11         seized firearms and ammunition under certain
   12         circumstances; requiring law enforcement agencies to
   13         develop certain policies and procedures; authorizing a
   14         law enforcement officer to petition a court for a risk
   15         protection order under certain circumstances; creating
   16         s. 790.064, F.S.; prohibiting a person who has been
   17         adjudicated mentally defective or been committed to a
   18         mental institution from owning or possessing a firearm
   19         until certain relief is obtained; specifying that the
   20         firearm possession and ownership disability runs
   21         concurrently with the firearm purchase disability
   22         under certain provisions; authorizing a person to
   23         petition for relief from the firearm possession and
   24         ownership disability; requiring that petitions for
   25         relief follow certain procedures; authorizing such
   26         person to petition for simultaneous relief; amending
   27         s. 790.065, F.S.; prohibiting a person younger than a
   28         certain age from purchasing a firearm; prohibiting the
   29         sale or transfer, or facilitation of a sale or
   30         transfer, of a firearm to a person younger than a
   31         certain age by a licensed importer, licensed
   32         manufacturer, or licensed dealer; providing criminal
   33         penalties; providing exceptions; amending s. 790.0655,
   34         F.S.; revising the mandatory waiting period to the
   35         later of either 3 days, excluding weekends and legal
   36         holidays, or upon the completion of certain records
   37         checks; revising and redefining terms; requiring that
   38         records of firearm sales be available for inspection
   39         by any law enforcement agency during normal business
   40         hours; revising applicability of the waiting period;
   41         conforming provisions to changes made by the act;
   42         creating s. 790.34, F.S.; defining the term “bump-fire
   43         stock”; prohibiting the importation, transfer,
   44         distribution, transport, sale, or giving of a bump
   45         fire stock in this state; providing criminal
   46         penalties; providing legislative intent; providing a
   47         short title; creating s. 790.401, F.S.; defining
   48         terms; creating an action known as a petition for a
   49         risk protection order to prevent persons who are at
   50         high risk of harming themselves or others from
   51         accessing firearms or ammunition; providing
   52         requirements for petitions for such orders; providing
   53         duties for courts and clerks of court; prohibiting
   54         fees for the filing of or service of process of such
   55         petitions; providing for jurisdiction for such
   56         petitions; requiring hearings on petitions within a
   57         specified period; providing service requirements;
   58         providing grounds that may be considered in
   59         determining whether to grant such a petition;
   60         providing requirements for proceedings; providing
   61         requirements for risk protection orders; requiring the
   62         court to inform a respondent of his or her right to
   63         request a certain hearing; authorizing temporary ex
   64         parte orders under certain circumstances; providing
   65         requirements for petitions for such ex parte orders;
   66         providing for service of orders; providing for the
   67         termination or extension of an order; providing for
   68         the surrender and storage of firearms and ammunition
   69         after issuance of a risk protection order; requiring
   70         law enforcement agencies to develop certain policies
   71         and procedures by a certain date; providing for return
   72         of firearms and ammunition upon the vacating or end
   73         without the extension of an order under certain
   74         circumstances; authorizing a respondent to elect to
   75         transfer all firearms and ammunition surrendered or
   76         seized by a law enforcement agency to another person
   77         under certain circumstances; requiring an issuing
   78         court to forward specified information concerning a
   79         respondent to the Department of Agriculture and
   80         Consumer Services; requiring the department to suspend
   81         a license to carry a concealed weapon or firearm which
   82         is held by a person subject to such an order;
   83         prohibiting a person from knowingly filing a petition
   84         for such an order which contains materially false or
   85         misleading information; providing criminal penalties;
   86         prohibiting violations of such an order; providing
   87         criminal penalties; providing construction; providing
   88         that the risk protection order provisions do not
   89         create liability for certain acts or omissions;
   90         requiring the Office of the State Courts Administrator
   91         to develop and distribute certain instructional and
   92         informational material; creating s. 943.082, F.S.;
   93         requiring the Department of Law Enforcement to
   94         competitively procure a mobile suspicious activity
   95         reporting tool; requiring the system to notify certain
   96         parties of specified information; requiring
   97         information received by the system to be reported to
   98         the appropriate agencies and school officials;
   99         requiring certain entities to be made aware of the
  100         system; requiring certain materials be provided to
  101         participating schools and school districts; creating
  102         s. 943.687, F.S.; creating the Marjory Stoneman
  103         Douglas High School Public Safety Commission within
  104         the Florida Department of Law Enforcement; requiring
  105         the commission to convene by a certain date;
  106         specifying the composition of the commission;
  107         specifying meeting requirements; requiring Florida
  108         Department of Law Enforcement staff to assist the
  109         commission; authorizing reimbursement for per diem and
  110         travel expenses; providing the duties and authority of
  111         the commission; requiring the commission to submit an
  112         initial report to the Governor and the Legislature
  113         within a specified time; providing for the expiration
  114         of the commission; creating s. 1000.051, F.S.;
  115         providing legislative intent regarding school safety
  116         and security; creating s. 1001.217, F.S.; creating the
  117         Office of Safe Schools; providing the purpose and
  118         duties of the office; amending ss. 1002.221 and
  119         1002.225, F.S.; providing for construction regarding
  120         the applicability of public records exemptions for
  121         security system plans and security systems; amending
  122         s. 1006.04, F.S.; establishing the Multiagency Service
  123         Network for Students with Severe Emotional
  124         Disturbance; specifying the goals and duties of the
  125         program; authorizing the Legislature to provide
  126         funding to the department to award grants; creating s.
  127         1006.05, F.S.; providing a purpose of the mental
  128         health assistance allocation; requiring that school
  129         districts and charter schools annually develop and
  130         submit certain detailed plans; requiring that approved
  131         charter school plans be provided to the district for
  132         submission to the Commissioner of Education; providing
  133         that required plans must include certain elements;
  134         requiring school districts to annually submit approved
  135         plans to the commissioner by a specified date;
  136         requiring that entities receiving such allocations
  137         annually submit a final report on program outcomes and
  138         specific expenditures to the commissioner by a
  139         specified date; amending s. 1006.07, F.S.; requiring
  140         district school boards to formulate and prescribe
  141         policies and procedures for active shooter situations;
  142         requiring that active shooter situation training for
  143         each school be conducted by the law enforcement agency
  144         or agencies that are designated as first responders to
  145         the school’s campus; requiring each school district to
  146         designate a threat assessment team; requiring each
  147         school district to conduct certain assessments in a
  148         specified format; requiring a district school
  149         superintendent to provide specified entities with
  150         certain findings and certain strategy and activity
  151         recommendations to improve school safety and security;
  152         requiring that district school boards allow campus
  153         tours by such law enforcement agency or agencies at
  154         specified times and for specified purposes; requiring
  155         that certain recommendations be documented by such
  156         board or principal; requiring each district school
  157         board to designate or appoint a district school safety
  158         specialist; providing duties of the school safety
  159         specialist; amending s. 1006.12, F.S.; requiring
  160         district school boards to establish or assign safe
  161         school officers at each district school facility
  162         within the district; requiring school resource
  163         officers and school safety officers to undergo
  164         specified evaluations; specifying that participation
  165         in the Florida Sheriff’s Marshal Program meets the
  166         requirement; creating s. 1006.149, F.S.; establishing
  167         the Public School Emergency Response Learning System
  168         Program within the department; establishing the
  169         program as a partnership between local law enforcement
  170         agencies and public education entities; specifying
  171         activities, training, notification systems, and
  172         resources provided through the program; specifying the
  173         creation of a preemptive plan of action; authorizing
  174         funding provided by the Legislature to implement the
  175         program; creating s. 1006.1491, F.S.; creating the
  176         Florida Sheriff’s Marshal Program within the
  177         department; specifying a purpose; defining terms;
  178         establishing program eligibility requirements;
  179         authorizing special deputy sheriffs to perform certain
  180         duties, under specified circumstances; specifying
  181         training and instructional requirements; specifying
  182         grounds for termination and denial of participants;
  183         specifying implementation requirements; authorizing
  184         funding as provided by the Legislature; creating s.
  185         1006.1493, F.S.; requiring the department to contract
  186         with a security consulting firm to develop, update,
  187         and implement a risk assessment tool; providing
  188         requirements for the Florida Safe Schools Assessment
  189         Tool; requiring reports, training, and advice in the
  190         security consulting firm contract; requiring a
  191         specified annual report to the Governor and
  192         Legislature by a specified date; providing for
  193         construction regarding the applicability of public
  194         records exemptions for certain security data and
  195         information; amending s. 1011.62, F.S.; expanding the
  196         safe schools allocation to provide funding for
  197         specified school safety provisions; creating the
  198         mental health assistance allocation; providing the
  199         purpose of the allocation; requiring that funds be
  200         allocated annually in the General Appropriations Act;
  201         providing for the annual allocation of such funds on a
  202         specified basis; providing that eligible charter
  203         schools are entitled to a proportionate share;
  204         prohibiting the use of allocated funds to supplant
  205         funds provided from other operating funds, to increase
  206         salaries, or to provide bonuses, except in certain
  207         circumstances; requiring that school districts and
  208         schools maximize certain third-party funding;
  209         reenacting ss. 397.6760(2) and 790.335(3)(e), F.S.,
  210         relating to the confidentiality of court records and
  211         exceptions to the prohibition of registration of
  212         firearms, respectively, to incorporate the amendment
  213         made to s. 790.065, F.S., in references thereto;
  214         creating s. 16.63, F.S.; establishing the Medical
  215         Reimbursement Program for Victims of Mass Shootings in
  216         the Department of Legal Affairs; defining the term
  217         “mass shooting”; requiring the department to reimburse
  218         verified or designated trauma centers for certain
  219         costs associated with treating victims for injuries
  220         associated with a mass shooting; requiring a verified
  221         or designated trauma center that requests a
  222         reimbursement to accept it as payment in full;
  223         providing an appropriation; requiring the Department
  224         of Agriculture and Consumer Services to transfer,
  225         annually and by a specified date, a percentage of the
  226         fees collected for new and renewal concealed weapon or
  227         firearm licenses from the Division of Licensing Trust
  228         Fund to the Department of Legal Affairs to reimburse
  229         the trauma centers; providing an effective date.
  230          
  231  Be It Enacted by the Legislature of the State of Florida:
  232  
  233         Section 1. This act may be cited as the “Marjory Stoneman
  234  Douglas High School Public Safety Act.”
  235         Section 2. The Legislature finds there is a need to
  236  comprehensively address the crisis of gun violence, including
  237  but not limited to, gun violence on school campuses. The
  238  Legislature intends to address this crisis by providing law
  239  enforcement and the courts with the tools to enhance public
  240  safety by temporarily restricting firearm possession by a person
  241  who is undergoing a mental health crisis and when there is
  242  evidence of a threat of violence, and by promoting school safety
  243  and enhanced coordination between education and law enforcement
  244  entities at the state and local level.
  245         Section 3. Section 16.63, Florida Statutes, is created to
  246  read:
  247         16.63 Medical Reimbursement Program for Victims of Mass
  248  Shootings.—The Medical Reimbursement Program for Victims of Mass
  249  Shootings is established in the Department of Legal Affairs to
  250  reimburse trauma centers verified or designated pursuant to s.
  251  395.4025 for the medical costs of treating victims for injuries
  252  associated with a mass shooting. As used in this section, the
  253  term “mass shooting” means an incident in which four or more
  254  people are killed or injured by firearms in one or more
  255  locations in close proximity. The Department of Legal Affairs
  256  must reimburse such trauma centers based on a department
  257  approved fee schedule for the documented medical costs of
  258  treating victims for injuries associated with a mass shooting. A
  259  trauma center that requests a reimbursement through the program
  260  must accept the reimbursement as payment in full and may not
  261  bill the victim of a mass shooting or his or her family.
  262         Section 4. Paragraph (j) is added to subsection (3) of
  263  section 20.15, Florida Statutes, to read:
  264         20.15 Department of Education.—There is created a
  265  Department of Education.
  266         (3) DIVISIONS.—The following divisions of the Department of
  267  Education are established:
  268         (j) The Office of Safe Schools.
  269         Section 5. Paragraphs (c) and (d) of subsection (2) of
  270  section 394.463, Florida Statutes, are amended to read:
  271         394.463 Involuntary examination.—
  272         (2) INVOLUNTARY EXAMINATION.—
  273         (c) A law enforcement officer acting in accordance with an
  274  ex parte order issued pursuant to this subsection may:
  275         1. Serve and execute such order on any day of the week, at
  276  any time of the day or night; and
  277         2. Use such reasonable physical force as is necessary to
  278  gain entry to the premises, and any dwellings, buildings, or
  279  other structures located on the premises, and take custody of
  280  the person who is the subject of the ex parte order.
  281         (d) A law enforcement officer taking custody of a person
  282  under this subsection may seize and hold a firearm or any
  283  ammunition the person possesses at the time of taking him or her
  284  into custody if the person poses a potential danger to himself
  285  or herself or others and has made a credible threat of violence
  286  against another person.
  287         1. If a law enforcement officer seizes a firearm or any
  288  ammunition, the law enforcement officer’s agency must hold the
  289  seized firearm or ammunition for at least a 72-hour period or
  290  until the person goes to the law enforcement agency to retrieve
  291  the seized firearm or ammunition. Law enforcement agencies must
  292  develop policies and procedures relating to the seizure,
  293  storage, and return of such seized firearms or ammunition.
  294         2. If the person has a firearm or any ammunition that was
  295  not seized when he or she was taken into custody, a law
  296  enforcement officer may petition the appropriate court for a
  297  risk protection order against the person pursuant to s. 790.401.
  298  A law enforcement officer acting in accordance with an ex parte
  299  order issued pursuant to this subsection may use such reasonable
  300  physical force as is necessary to gain entry to the premises,
  301  and any dwellings, buildings, or other structures located on the
  302  premises, and to take custody of the person who is the subject
  303  of the ex parte order.
  304         Section 6. Section 790.064, Florida Statutes, is created to
  305  read:
  306         790.064 Firearm possession and firearm ownership
  307  disability.
  308         (1) A person who has been adjudicated mentally defective or
  309  who has been committed to a mental institution, as those terms
  310  are defined in s. 790.065(2), may not own a firearm or possess a
  311  firearm until relief from the firearm possession and firearm
  312  ownership disability is obtained.
  313         (2) The firearm possession and firearm ownership disability
  314  runs concurrently with the firearm purchase disability provided
  315  in s. 790.065(2).
  316         (3) A person may petition the court that made the
  317  adjudication or commitment, or that ordered that the record be
  318  submitted to the Department of Law Enforcement pursuant to s.
  319  790.065(2), for relief from the firearm possession and firearm
  320  ownership disability.
  321         (4) The person seeking relief must follow the procedures
  322  set forth in s. 790.065(2) for obtaining relief from the firearm
  323  purchase disability in seeking relief from the firearm
  324  possession and firearm ownership disability.
  325         (5) The person may seek relief from the firearm possession
  326  and firearm ownership disability simultaneously with the relief
  327  being sought from the firearm purchase disability, if such
  328  relief is sought, pursuant to the procedure set forth in s.
  329  790.065(2).
  330         Section 7. Present subsection (13) of section 790.065,
  331  Florida Statutes, is redesignated as subsection (14), and a new
  332  subsection (13) is added to that section, to read:
  333         790.065 Sale and delivery of firearms.—
  334         (13) A person younger than 21 years of age may not purchase
  335  a firearm. The sale or transfer of a firearm to a person younger
  336  than 21 years of age may not be made or facilitated by a
  337  licensed importer, licensed manufacturer, or licensed dealer. A
  338  person who violates this subsection commits a felony of the
  339  third degree, punishable as provided in s. 775.082, s. 775.083,
  340  or s. 775.084. The prohibitions of this subsection do not apply
  341  to the purchase of a rifle or shotgun by a law enforcement
  342  officer or a correctional officer, as those terms are defined in
  343  s. 943.10, or to a person on active duty in the Armed Forces of
  344  the United States or full-time duty in the National Guard.
  345         Section 8. Section 790.0655, Florida Statutes, is amended
  346  to read:
  347         790.0655 Purchase and delivery of firearms handguns;
  348  mandatory waiting period; exceptions; penalties.—
  349         (1)(a) There shall be A mandatory 3-day waiting period is
  350  imposed between the purchase and delivery of a firearm. The
  351  mandatory waiting period is, which shall be 3 days, excluding
  352  weekends and legal holidays, or expires upon the completion of
  353  the records checks required under s. 790.065, whichever occurs
  354  later between the purchase and the delivery at retail of any
  355  handgun. “Purchase” means the transfer of money or other
  356  valuable consideration to the retailer. “Handgun” means a
  357  firearm capable of being carried and used by one hand, such as a
  358  pistol or revolver. “Retailer” means and includes a licensed
  359  importer, licensed manufacturer, or licensed dealer every person
  360  engaged in the business of making firearm sales at retail or for
  361  distribution, or use, or consumption, or storage to be used or
  362  consumed in this state, as defined in s. 212.02(13).
  363         (b) Records of firearm handgun sales must be available for
  364  inspection by any law enforcement agency, as defined in s.
  365  934.02, during normal business hours.
  366         (2) The 3-day waiting period does shall not apply in the
  367  following circumstances:
  368         (a) When a firearm handgun is being purchased by a holder
  369  of a concealed weapons permit as defined in s. 790.06.
  370         (b) To a trade-in of another firearm handgun.
  371         (c) To a person who completes a minimum of a 16-hour hunter
  372  education or hunter safety course approved by the Fish and
  373  Wildlife Conservation Commission or similar agency of another
  374  state, unless that person is purchasing a handgun.
  375         (3) It is a felony of the third degree, punishable as
  376  provided in s. 775.082, s. 775.083, or s. 775.084:
  377         (a) For any retailer, or any employee or agent of a
  378  retailer, to deliver a firearm handgun before the expiration of
  379  the 3-day waiting period, subject to the exceptions provided in
  380  subsection (2).
  381         (b) For a purchaser to obtain delivery of a firearm handgun
  382  by fraud, false pretense, or false representation.
  383         Section 9. Section 790.34, Florida Statutes, is created to
  384  read:
  385         790.34 Prohibited device for firearm.—
  386         (1) DEFINITION.—As used in this section, the term “bump
  387  fire stock” means a gun conversion kit, a tool, an accessory, or
  388  a device used to alter the rate of fire of a firearm to mimic
  389  automatic weapon fire or which is used to increase the rate of
  390  fire of a semiautomatic firearm to a faster rate than is
  391  possible for a person to fire such semiautomatic firearm
  392  unassisted by a kit, a tool, an accessory, or a device.
  393         (2)SALE OR TRANSFER.—A person may not import into this
  394  state or, within this state, transfer, distribute, transport,
  395  sell, keep for sale, offer or expose for sale, or give a bump
  396  fire stock to another person. A person who violates this
  397  subsection commits a felony of the third degree, punishable as
  398  provided in s. 775.082, s. 775.083, or s. 775.084.
  399         Section 10. (1)Section 790.401, Florida Statutes, is
  400  intended to temporarily prevent individuals who are at high risk
  401  of harming themselves or others from accessing firearms or
  402  ammunition by allowing law enforcement officers to obtain a
  403  court order when there is demonstrated evidence that a person
  404  poses a significant danger to himself or herself or others,
  405  including significant danger as a result of a mental health
  406  crisis or violent behavior.
  407         (2)The purpose and intent of s. 790.401, Florida Statutes,
  408  is to reduce deaths and injuries as a result of certain
  409  individuals’ use of firearms while respecting constitutional
  410  rights by providing a judicial procedure for law enforcement
  411  officers to obtain a court order temporarily restricting a
  412  person’s access to firearms and ammunition. The process
  413  established by s. 790.401, Florida Statutes, is intended to
  414  apply only to situations in which the person poses a significant
  415  danger of harming himself or herself or others by possessing a
  416  firearm or ammunition and to include standards and safeguards to
  417  protect the rights of respondents and due process of law.
  418         Section 11. Section 790.401, Florida Statutes, may be cited
  419  as “The Risk Protection Order Act.”
  420         Section 12. Section 790.401, Florida Statutes, is created
  421  to read:
  422         790.401 Risk protection orders.—
  423         (1)DEFINITIONS.—As used in this section, the term:
  424         (a)“Petitioner” means a law enforcement officer or a law
  425  enforcement agency that petitions a court for a risk protection
  426  order under this section.
  427         (b)“Respondent” means the individual who is identified as
  428  the respondent in a petition filed under this section.
  429         (c)“Risk protection order” means a temporary ex parte
  430  order or a final order granted under this section.
  431         (2)PETITION FOR A RISK PROTECTION ORDER.—There is created
  432  an action known as a petition for a risk protection order.
  433         (a)A petition for a risk protection order may be filed by
  434  a law enforcement officer or law enforcement agency.
  435         (b)An action under this section must be filed in the
  436  county where the petitioner’s law enforcement office is located
  437  or the county where the respondent resides.
  438         (c) Such petition for a risk protection order does not
  439  require either party to be represented by an attorney.
  440         (d) Notwithstanding any other law, attorney fees may not be
  441  awarded in any proceeding under this section.
  442         (e)A petition must:
  443         1.Allege that the respondent poses a significant danger of
  444  causing personal injury to himself or herself or others by
  445  having a firearm or any ammunition in his or her custody or
  446  control or by purchasing, possessing, or receiving a firearm or
  447  any ammunition, and must be accompanied by an affidavit made
  448  under oath stating the specific statements, actions, or facts
  449  that give rise to a reasonable fear of significant dangerous
  450  acts by the respondent;
  451         2.Identify the quantities, types, and locations of all
  452  firearms and ammunition the petitioner believes to be in the
  453  respondent’s current ownership, possession, custody, or control;
  454  and
  455         3.Identify whether there is a known existing protection
  456  order governing the respondent under s. 741.30, s. 784.046, or
  457  s. 784.0485 or under any other applicable statute.
  458         (f)The petitioner must make a good faith effort to provide
  459  notice to a family or household member of the respondent and to
  460  any known third party who may be at risk of violence. The notice
  461  must state that the petitioner intends to petition the court for
  462  a risk protection order or has already done so and must include
  463  referrals to appropriate resources, including mental health,
  464  domestic violence, and counseling resources. The petitioner must
  465  attest in the petition to having provided such notice or must
  466  attest to the steps that will be taken to provide such notice.
  467         (g)The petitioner must list the address of record on the
  468  petition as being where the appropriate law enforcement agency
  469  is located.
  470         (h)A court or a public agency may not charge fees for
  471  filing or for service of process to a petitioner seeking relief
  472  under this section and must provide the necessary number of
  473  certified copies, forms, and instructional brochures free of
  474  charge.
  475         (i)A person is not required to post a bond to obtain
  476  relief in any proceeding under this section.
  477         (j)The circuit courts of this state have jurisdiction over
  478  proceedings under this section.
  479         (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  480         (a)Upon receipt of a petition, the court must order a
  481  hearing to be held no later than 14 days after the date of the
  482  order and must issue a notice of hearing to the respondent for
  483  the same.
  484         1.The clerk of the court shall cause a copy of the notice
  485  of hearing and petition to be forwarded on or before the next
  486  business day to the appropriate law enforcement agency for
  487  service upon the respondent as provided in subsection (5).
  488         2.The court may, as provided in subsection (4), issue a
  489  temporary ex parte risk protection order pending the hearing
  490  ordered under this subsection. Such temporary ex parte order
  491  must be served concurrently with the notice of hearing and
  492  petition as provided in subsection (5).
  493         3.The court may conduct a hearing by telephone pursuant to
  494  a local court rule to reasonably accommodate a disability or
  495  exceptional circumstances. The court must receive assurances of
  496  the petitioner’s identity before conducting a telephonic
  497  hearing.
  498         (b)Upon notice and a hearing on the matter, if the court
  499  finds by clear and convincing evidence that the respondent poses
  500  a significant danger of causing personal injury to himself or
  501  herself or others by having in his or her custody or control, or
  502  by purchasing, possessing, or receiving, a firearm or any
  503  ammunition, the court must issue a risk protection order for a
  504  period that it deems appropriate, up to and including but not
  505  exceeding 12 months.
  506         (c)In determining whether grounds for a risk protection
  507  order exist, the court may consider any relevant evidence,
  508  including, but not limited to, any of the following:
  509         1.A recent act or threat of violence by the respondent
  510  against himself or herself or others, whether or not such
  511  violence or threat of violence involves a firearm.
  512         2.An act or threat of violence by the respondent within
  513  the past 12 months, including, but not limited to, acts or
  514  threats of violence by the respondent against himself or herself
  515  or others.
  516         3.Evidence of the respondent being seriously mentally ill
  517  or having recurring mental health issues.
  518         4.A violation by the respondent of a risk protection order
  519  or a no contact order issued under s. 741.30, s. 784.046, or s.
  520  784.0485.
  521         5.A previous or existing risk protection order issued
  522  against the respondent.
  523         6.A violation of a previous or existing risk protection
  524  order issued against the respondent.
  525         7.Whether the respondent, in this state or any other
  526  state, has been convicted of, had adjudication withheld on, or
  527  pled nolo contendere to a crime that constitutes domestic
  528  violence as defined in s. 741.28.
  529         8.The respondent’s ownership of, access to, or intent to
  530  possess firearms or ammunition.
  531         9.The unlawful or reckless use, display, or brandishing of
  532  a firearm by the respondent.
  533         10.The recurring use of, or threat to use, physical force
  534  by the respondent against another person or the respondent
  535  stalking another person.
  536         11.Whether the respondent, in this state or any other
  537  state, has been arrested for, convicted of, had adjudication
  538  withheld on, or pled nolo contendere to a crime involving
  539  violence or a threat of violence.
  540         12.Corroborated evidence of the abuse of controlled
  541  substances or alcohol by the respondent.
  542         13.Evidence of recent acquisition of firearms or
  543  ammunition by the respondent.
  544         14. Any relevant information from family and household
  545  members concerning the respondent.
  546         (d)A person, including an officer of the court, who offers
  547  evidence or recommendations relating to the cause of action
  548  either must present the evidence or recommendations in writing
  549  to the court with copies to each party and his or her attorney,
  550  if one is retained, or must present the evidence under oath at a
  551  hearing at which all parties are present.
  552         (e)In a hearing under this section, the rules of evidence
  553  apply to the same extent as in a domestic violence injunction
  554  proceeding under s. 741.30.
  555         (f)During the hearing, the court must consider whether a
  556  mental health evaluation or chemical dependency evaluation is
  557  appropriate and, if such determination is made, may order such
  558  evaluations, if appropriate.
  559         (g)A risk protection order must include all of the
  560  following:
  561         1.A statement of the grounds supporting the issuance of
  562  the order;
  563         2.The date the order was issued;
  564         3.The date the order ends;
  565         4.Whether a mental health evaluation or chemical
  566  dependency evaluation of the respondent is required;
  567         5.The address of the court in which any responsive
  568  pleading should be filed;
  569         6.A description of the requirements for the surrender of
  570  firearms and ammunition under subsection (7); and
  571         7.The following statement:
  572  
  573  “To the subject of this protection order: This order will last
  574  until the date noted above. If you have not done so already, you
  575  must surrender immediately to the (insert name of local law
  576  enforcement agency) all firearms and ammunition in your custody,
  577  control, or possession and any license to carry a concealed
  578  weapon or firearm issued to you under s. 790.06, Florida
  579  Statutes. You may not have in your custody or control, or
  580  purchase, possess, receive, or attempt to purchase or receive, a
  581  firearm or ammunition while this order is in effect. You have
  582  the right to request one hearing to vacate this order, starting
  583  after the date of the issuance of this order, and to request
  584  another hearing after every extension of the order, if any. You
  585  may seek the advice of an attorney as to any matter connected
  586  with this order.”
  587  
  588         (h)If the court issues a risk protection order, the court
  589  must inform the respondent that he or she is entitled to request
  590  a hearing to vacate the order in the manner provided by
  591  subsection (6). The court shall provide the respondent with a
  592  form to request a hearing to vacate.
  593         (i)If the court denies the petitioner’s request for a risk
  594  protection order, the court must state the particular reasons
  595  for the denial.
  596         (4)TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  597         (a) A petitioner may request that a temporary ex parte risk
  598  protection order be issued before a hearing for a risk
  599  protection order, without notice to the respondent, by including
  600  in the petition detailed allegations based on personal knowledge
  601  that the respondent poses a significant danger of causing
  602  personal injury to himself or herself or others in the near
  603  future by having in his or her custody or control, or by
  604  purchasing, possessing, or receiving, a firearm or ammunition.
  605         (b)In considering whether to issue a temporary ex parte
  606  risk protection order under this section, the court shall
  607  consider all relevant evidence, including the evidence described
  608  in paragraph (3)(c).
  609         (c)If a court finds there is reasonable cause to believe
  610  that the respondent poses a significant danger of causing
  611  personal injury to himself or herself or others in the near
  612  future by having in his or her custody or control, or by
  613  purchasing, possessing, or receiving, a firearm or ammunition,
  614  the court must issue a temporary ex parte risk protection order.
  615         (d)The court must hold a temporary ex parte risk
  616  protection order hearing in person or by telephone on the day
  617  the petition is filed or on the business day immediately
  618  following the day the petition is filed.
  619         (e)A temporary ex parte risk protection order must include
  620  all of the following:
  621         1.A statement of the grounds asserted for the order;
  622         2.The date the order was issued;
  623         3.The address of the court in which any responsive
  624  pleading may be filed;
  625         4.The date and time of the scheduled hearing;
  626         5.A description of the requirements for surrender of
  627  firearms and ammunition under subsection (7); and
  628         6.The following statement:
  629  
  630  “To the subject of this protection order: This order is valid
  631  until the date noted above. You are required to surrender all
  632  firearms and ammunition in your custody, control, or possession.
  633  You may not have in your custody or control, or purchase,
  634  possess, receive, or attempt to purchase or receive, a firearm
  635  or ammunition while this order is in effect. You must surrender
  636  immediately to the (insert name of local law enforcement agency)
  637  all firearms and ammunition in your custody, control, or
  638  possession and any license to carry a concealed weapon or
  639  firearm issued to you under s. 790.06, Florida Statutes. A
  640  hearing will be held on the date and at the time noted above to
  641  determine if a risk protection order should be issued. Failure
  642  to appear at that hearing may result in a court issuing an order
  643  against you which is valid for 1 year. You may seek the advice
  644  of an attorney as to any matter connected with this order.”
  645  
  646         (f)A temporary ex parte risk protection order ends upon
  647  the hearing on the risk protection order.
  648         (g)A temporary ex parte risk protection order must be
  649  served by a law enforcement officer in the same manner as
  650  provided for in subsection (5) for service of the notice of
  651  hearing and petition and must be served concurrently with the
  652  notice of hearing and petition.
  653         (h)If the court denies the petitioner’s request for a
  654  temporary ex parte risk protection order, the court must state
  655  the particular reasons for the denial.
  656         (5) SERVICE.—
  657         (a) The clerk of the court shall furnish a copy of the
  658  notice of hearing, petition, and temporary ex parte risk
  659  protection order or risk protection order, as applicable, to the
  660  sheriff of the county where the respondent resides or can be
  661  found, who shall serve it upon the respondent as soon thereafter
  662  as possible on any day of the week and at any time of the day or
  663  night. When requested by the sheriff, the clerk of the court may
  664  transmit a facsimile copy of a temporary ex parte risk
  665  protection order or a risk protection order that has been
  666  certified by the clerk of the court, and this facsimile copy may
  667  be served in the same manner as a certified copy. Upon receiving
  668  a facsimile copy, the sheriff must verify receipt with the
  669  sender before attempting to serve it upon the respondent. The
  670  clerk of the court shall be responsible for furnishing to the
  671  sheriff information on the respondent’s physical description and
  672  location. Notwithstanding any other provision of law to the
  673  contrary, the chief judge of each circuit, in consultation with
  674  the appropriate sheriff, may authorize a law enforcement agency
  675  within the jurisdiction to effect service. A law enforcement
  676  agency effecting service pursuant to this section shall use
  677  service and verification procedures consistent with those of the
  678  sheriff. Service under this section takes precedence over the
  679  service of other documents, unless the other documents are of a
  680  similar emergency nature.
  681         (b) All orders issued, changed, continued, extended, or
  682  vacated after the original service of documents specified in
  683  paragraph (a) must be certified by the clerk of the court and
  684  delivered to the parties at the time of the entry of the order.
  685  The parties may acknowledge receipt of such order in writing on
  686  the face of the original order. If a party fails or refuses to
  687  acknowledge the receipt of a certified copy of an order, the
  688  clerk shall note on the original order that service was
  689  effected. If delivery at the hearing is not possible, the clerk
  690  shall mail certified copies of the order to the parties at the
  691  last known address of each party. Service by mail is complete
  692  upon mailing. When an order is served pursuant to this
  693  subsection, the clerk shall prepare a written certification to
  694  be placed in the court file specifying the time, date, and
  695  method of service and shall notify the sheriff.
  696         (6)TERMINATION AND EXTENSION OF ORDERS.—
  697         (a)The respondent may submit one written request for a
  698  hearing to vacate a risk protection order issued under this
  699  section, starting after the date of the issuance of the order,
  700  and may request another hearing after every extension of the
  701  order, if any.
  702         1.Upon receipt of the request for a hearing to vacate a
  703  risk protection order, the court shall set a date for a hearing.
  704  Notice of the request must be served on the petitioner in
  705  accordance with subsection (5). The hearing must occur no sooner
  706  than 14 days and no later than 30 days after the date of service
  707  of the request upon the petitioner.
  708         2.The respondent shall have the burden of proving by clear
  709  and convincing evidence that the respondent does not pose a
  710  significant danger of causing personal injury to himself or
  711  herself or others by having in his or her custody or control,
  712  purchasing, possessing, or receiving a firearm or ammunition.
  713  The court may consider any relevant evidence, including evidence
  714  of the considerations listed in paragraph (3)(c).
  715         3.If the court finds after the hearing that the respondent
  716  has met his or her burden of proof, the court must vacate the
  717  order.
  718         4. The law enforcement agency holding any firearm or
  719  ammunition or license to carry a concealed weapon or firearm
  720  that has been surrendered pursuant to this section shall be
  721  notified of the court order to vacate the risk protection order.
  722         (b)The court must notify the petitioner of the impending
  723  end of a risk protection order. Notice must be received by the
  724  petitioner at least 30 days before the date the order ends.
  725         (c)The petitioner may, by motion, request an extension of
  726  a risk protection order at any time within 30 days before the
  727  end of the order.
  728         1.Upon receipt of the motion to extend, the court shall
  729  order that a hearing be held no later than 14 days after the
  730  date the order is issued and shall schedule such hearing.
  731         a.The court may schedule a hearing by telephone in the
  732  manner provided by subparagraph (3)(a)3.
  733         b.The respondent must be personally served in the same
  734  manner provided by subsection (5).
  735         2.In determining whether to extend a risk protection order
  736  issued under this section, the court may consider all relevant
  737  evidence, including evidence of the considerations listed in
  738  paragraph (3)(c).
  739         3.If the court finds by clear and convincing evidence that
  740  the requirements for issuance of a risk protection order as
  741  provided in subsection (3) continue to be met, the court must
  742  extend the order. However, if, after notice, the motion for
  743  extension is uncontested and no modification of the order is
  744  sought, the order may be extended on the basis of a motion or
  745  affidavit stating that there has been no material change in
  746  relevant circumstances since entry of the order and stating the
  747  reason for the requested extension.
  748         4.The court may extend a risk protection order for a
  749  period that it deems appropriate, up to and including but not
  750  exceeding 12 months, subject to an order to vacate as provided
  751  in paragraph (a) or to another extension order by the court.
  752         (7)SURRENDER OF FIREARMS AND AMMUNITION.—
  753         (a)Upon issuance of a risk protection order under this
  754  section, including a temporary ex parte risk protection order,
  755  the court shall order the respondent to surrender to the local
  756  law enforcement agency all firearms and ammunition in the
  757  respondent’s custody, control, or possession except as provided
  758  in subsection (9), and any license to carry a concealed weapon
  759  or firearm issued under s. 790.06.
  760         (b)The law enforcement officer serving a risk protection
  761  order under this section, including a temporary ex parte risk
  762  protection order, shall request that the respondent immediately
  763  surrender all firearms and ammunition in his or her custody,
  764  control, or possession and any license to carry a concealed
  765  weapon or firearm issued under s. 790.06, and shall conduct a
  766  search authorized by law for such firearms and ammunition. The
  767  law enforcement officer shall take possession of all firearms
  768  and ammunition belonging to the respondent which are
  769  surrendered, in plain sight, or discovered pursuant to a lawful
  770  search. Alternatively, if personal service by a law enforcement
  771  officer is not possible or is not required because the
  772  respondent was present at the risk protection order hearing, the
  773  respondent shall surrender the firearms and ammunition in a safe
  774  manner to the control of the local law enforcement agency
  775  immediately after being served with the order by service or
  776  immediately after the hearing at which the respondent was
  777  present.
  778         (c)At the time of surrender, a law enforcement officer
  779  taking possession of a firearm, any ammunition, or a license to
  780  carry a concealed weapon or firearm shall issue a receipt
  781  identifying all firearms and the quantity and type of ammunition
  782  that have been surrendered and shall provide a copy of the
  783  receipt to the respondent. Within 72 hours after service of the
  784  order, the law enforcement officer serving the order shall file
  785  the original receipt with the court and shall ensure that his or
  786  her law enforcement agency retains a copy of the receipt.
  787         (d)Notwithstanding ss. 933.02 and 933.18, upon the sworn
  788  statement or testimony of any person alleging that the
  789  respondent has failed to comply with the surrender of firearms
  790  or ammunition as required by an order issued under this section,
  791  the court shall determine whether probable cause exists to
  792  believe that the respondent has failed to surrender all firearms
  793  or ammunition in his or her custody, control, or possession. If
  794  the court finds that probable cause exists, the court must issue
  795  a warrant describing the firearms or ammunition and authorizing
  796  a search of the locations where the firearms or ammunition are
  797  reasonably believed to be found and the seizure of any firearms
  798  or ammunition discovered pursuant to such search.
  799         (e)If a person other than the respondent claims title to
  800  any firearms or ammunition surrendered pursuant to this section
  801  and he or she is determined by the law enforcement agency to be
  802  the lawful owner of the firearm or ammunition, the firearm or
  803  ammunition shall be returned to him or her, if:
  804         1.The lawful owner agrees to store the firearm or
  805  ammunition in a manner such that the respondent does not have
  806  access to or control of the firearm or ammunition.
  807         2.The firearm or ammunition is not otherwise unlawfully
  808  possessed by the owner.
  809         (f)Upon the issuance of a risk protection order, the court
  810  shall order a new hearing date and require the respondent to
  811  appear no later than 3 business days after the issuance of the
  812  order. The court shall require proof that the respondent has
  813  surrendered any firearms or ammunition in his or her custody,
  814  control, or possession. The court may cancel the hearing upon a
  815  satisfactory showing that the respondent is in compliance with
  816  the order.
  817         (g)All law enforcement agencies must develop policies and
  818  procedures by January 1, 2019, regarding the acceptance,
  819  storage, and return of firearms, ammunition, or licenses
  820  required to be surrendered under this section.
  821         (8)RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  822         (a)If a risk protection order is vacated or ends without
  823  extension, a law enforcement agency holding a firearm or any
  824  ammunition that has been surrendered or seized pursuant to this
  825  section must return such surrendered firearm or ammunition
  826  requested by a respondent only after confirming through a
  827  background check that the respondent is currently eligible to
  828  own or possess firearms and ammunition under federal and state
  829  law and after confirming with the court that the risk protection
  830  order has been vacated or has ended without extension.
  831         (b) If a risk protection order is vacated or ends without
  832  extension, the Department of Agriculture and Consumer Services,
  833  if it has suspended a license to carry a concealed weapon or
  834  firearm pursuant to this section, must reinstate such license
  835  only after confirming that the respondent is currently eligible
  836  to have a license to carry a concealed weapon or firearm
  837  pursuant to s. 790.06.
  838         (c)A law enforcement agency must provide notice to any
  839  family or household members of the respondent before the return
  840  of any surrendered firearm and ammunition.
  841         (d)Any firearm and ammunition surrendered by a respondent
  842  pursuant to subsection (7) which remains unclaimed by the lawful
  843  owner after an order to vacate the risk protection order shall
  844  be disposed of in accordance with the law enforcement agency’s
  845  policies and procedures for the disposal of firearms in police
  846  custody.
  847         (9)TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
  848  elect to transfer all firearms and ammunition that have been
  849  surrendered to or seized by a local law enforcement agency
  850  pursuant to subsection (7) to another person who is willing to
  851  receive the respondent’s firearms and ammunition. The law
  852  enforcement agency may allow such a transfer only if it is
  853  determined that the chosen recipient:
  854         (a) Currently is eligible to own or possess a firearm and
  855  ammunition under federal and state law after confirmation
  856  through a background check;
  857         (b) Attests to storing the firearms and ammunition in a
  858  manner such that the respondent does not have access to or
  859  control of the firearms and ammunition until the risk protection
  860  order against the respondent is vacated or ends without
  861  extension; and
  862         (c) Attests not to transfer the firearms or ammunition back
  863  to the respondent until the risk protection order against the
  864  respondent is vacated or ends without extension.
  865         (10) REPORTING OF ORDERS.—
  866         (a) Within 24 hours after issuance, the clerk of the court
  867  shall enter any risk protection order or temporary ex parte risk
  868  protection order issued under this section into the uniform case
  869  reporting system.
  870         (b)Within 24 hours after issuance, the clerk of the court
  871  shall forward a copy of an order issued under this section to
  872  the appropriate law enforcement agency specified in the order.
  873  Upon receipt of the copy of the order, the law enforcement
  874  agency shall enter the order into the National Instant Criminal
  875  Background Check System, any other federal or state computer
  876  based systems used by law enforcement agencies or others to
  877  identify prohibited purchasers of firearms or ammunition, and
  878  into any computer-based criminal intelligence information system
  879  available in this state used by law enforcement agencies to list
  880  outstanding warrants. The order must remain in each system for
  881  the period stated in the order, and the law enforcement agency
  882  shall only remove orders from the systems that have ended or
  883  been vacated. Entry into the Florida Crime Information Center
  884  and National Crime Information Center constitutes notice to all
  885  law enforcement agencies of the existence of the order. The
  886  order is fully enforceable in any county in this state.
  887         (c)The issuing court shall, within 3 business days after
  888  issuance of a risk protection order or temporary ex parte risk
  889  protection order, forward all available identifying information
  890  concerning the respondent, along with the date of order
  891  issuance, to the Department of Agriculture and Consumer
  892  Services. Upon receipt of the information, the department shall
  893  determine if the respondent has a license to carry a concealed
  894  weapon or firearm. If the respondent does have a license to
  895  carry a concealed weapon or firearm, the department must
  896  immediately suspend the license.
  897         (d)If a risk protection order is vacated before its end
  898  date, the clerk of the court shall, on the day of the order to
  899  vacate, forward a copy of the order to the Department of
  900  Agriculture and Consumer Services and the appropriate law
  901  enforcement agency specified in the order to vacate. Upon
  902  receipt of the order, the law enforcement agency shall promptly
  903  remove the order from any computer-based system in which it was
  904  entered pursuant to paragraph (b).
  905         (11)PENALTIES.—
  906         (a)A person who files a petition under this section
  907  knowing the information in such petition is materially false, or
  908  files with the intent to harass the respondent, commits a
  909  misdemeanor of the first degree, punishable as provided in s.
  910  775.082 or s. 775.083.
  911         (b) A person who has in his or her custody or control a
  912  firearm or any ammunition or who purchases, possesses, or
  913  receives a firearm or any ammunition with knowledge that he or
  914  she is prohibited from doing so by an order issued under this
  915  section commits a felony of the third degree, punishable as
  916  provided in s. 775.082, s. 775.083, or s. 775.084.
  917         (12)LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  918  does not affect the ability of a law enforcement officer to
  919  remove a firearm or ammunition or license to carry a concealed
  920  weapon or concealed firearm from any person or to conduct any
  921  search and seizure for firearms or ammunition pursuant to other
  922  lawful authority.
  923         (13)LIABILITY.—Except as provided in subsection (10) or
  924  subsection (11), this section does not impose criminal or civil
  925  liability on any person or entity for acts or omissions related
  926  to obtaining a risk protection order or temporary ex parte risk
  927  protection order, including, but not limited to, providing
  928  notice to the petitioner, a family or household member of the
  929  respondent, and any known third party who may be at risk of
  930  violence or failure to provide such notice, or reporting,
  931  declining to report, investigating, declining to investigate,
  932  filing, or declining to file, a petition under this section.
  933         (14)INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
  934         (a)The Office of the State Courts Administrator shall
  935  develop and prepare instructions and informational brochures,
  936  standard petitions and risk protection order forms, and a court
  937  staff handbook on the risk protection order process. The
  938  standard petition and order forms must be used after January 1,
  939  2019, for all petitions filed and orders issued pursuant to this
  940  section. The office shall determine the significant non-English
  941  speaking or limited English-speaking populations in the state
  942  and prepare the instructions and informational brochures and
  943  standard petitions and risk protection order forms in such
  944  languages. The instructions, brochures, forms, and handbook must
  945  be prepared in consultation with interested persons, including
  946  representatives of gun violence prevention groups, judges, and
  947  law enforcement personnel. Materials must be based on best
  948  practices and must be available online to the public.
  949         1.The instructions must be designed to assist petitioners
  950  in completing the petition and must include a sample of a
  951  standard petition and order for protection forms.
  952         2.The instructions and standard petition must include a
  953  means for the petitioner to identify, with only layman’s
  954  knowledge, the firearms or ammunition the respondent may own,
  955  possess, receive, or have in his or her custody or control. The
  956  instructions must provide pictures of types of firearms and
  957  ammunition that the petitioner may choose from to identify the
  958  relevant firearms or ammunition, or must provide an equivalent
  959  means to allow petitioners to identify firearms or ammunition
  960  without requiring specific or technical knowledge regarding the
  961  firearms or ammunition.
  962         3.The informational brochure must describe the use of and
  963  the process for obtaining, extending, and vacating a risk
  964  protection order under this section and must provide relevant
  965  forms.
  966         4.The risk protection order form must include, in a
  967  conspicuous location, notice of criminal penalties resulting
  968  from violation of the order and the following statement: “You
  969  have the sole responsibility to avoid or refrain from violating
  970  this order’s provisions. Only the court can change the order and
  971  only upon written request.”
  972         5.The court staff handbook must allow for the addition of
  973  a community resource list by the clerk of the court.
  974         (b)Any clerk of court may create a community resource list
  975  of crisis intervention, mental health, substance abuse,
  976  interpreter, counseling, and other relevant resources serving
  977  the county in which the court is located. The court may make the
  978  community resource list available as part of or in addition to
  979  the informational brochures described in paragraph (a).
  980         (c)The Office of the State Courts Administrator shall
  981  distribute a master copy of the petition and order forms,
  982  instructions, and informational brochures to the clerks of
  983  court. Distribution of all documents shall, at a minimum, be in
  984  an electronic format or formats accessible to all courts and
  985  clerks of court in the state.
  986         (d)Within 90 days after receipt of the master copy from
  987  the Office of the State Courts Administrator, the clerk of the
  988  court shall make available the standardized forms, instructions,
  989  and informational brochures required by this subsection.
  990         (e)The Office of the State Courts Administrator shall
  991  update the instructions, brochures, standard petition and risk
  992  protection order forms, and court staff handbook as necessary,
  993  including when changes in the law make an update necessary.
  994         Section 13. Section 943.082, Florida Statutes, is created
  995  to read:
  996         943.082 School Safety Awareness Program.—
  997         (1) The department shall competitively procure a mobile
  998  suspicious activity reporting tool that allows students and the
  999  community to relay information anonymously concerning unsafe,
 1000  potentially harmful, dangerous, violent, or criminal activities
 1001  or the threat of such activities to appropriate public safety
 1002  agencies and school officials. At a minimum, the department must
 1003  receive reports electronically through a mobile suspicious
 1004  activity reporting tool that is available on widely used mobile
 1005  operating systems.
 1006         (2)The tool shall notify the reporting party of the
 1007  following information:
 1008         (a)That the reporting party may provide his or her report
 1009  anonymously.
 1010         (b)That if the reporting party chooses to disclose his or
 1011  her identity, such information shall be shared with the
 1012  appropriate law enforcement agency and school officials;
 1013  however, the law enforcement agency and school officials shall
 1014  be required to maintain such information as confidential.
 1015         (3)Information received by the tool must be promptly
 1016  forwarded to the appropriate law enforcement agency or school
 1017  official.
 1018         (4)Law enforcement dispatch centers, school districts,
 1019  schools, and other entities identified by the department shall
 1020  be made aware of the mobile suspicious activity reporting tool.
 1021         (5)The department, in collaboration with the Office of
 1022  Safe Schools within the Department of Education, shall develop
 1023  and provide a comprehensive training and awareness program on
 1024  the use of the mobile suspicious activity reporting tool.
 1025         Section 14. Section 943.687, Florida Statutes, is created
 1026  to read:
 1027         943.687Marjory Stoneman Douglas High School Public Safety
 1028  Commission.—
 1029         (1) There is created within the Florida Department of Law
 1030  Enforcement the Marjory Stoneman Douglas High School Public
 1031  Safety Commission, a commission as defined in s. 20.03.
 1032         (2)(a)The commission shall convene no later than June 1,
 1033  2018, and shall be composed of 15 members. Five members shall be
 1034  appointed by the President of the Senate, five members shall be
 1035  appointed by the Speaker of the House of Representatives, and
 1036  five members shall be appointed by the Governor. Appointments
 1037  must be made by April 30, 2018. The Secretary of Children and
 1038  Families, the Secretary of Juvenile Justice, the Secretary of
 1039  Health Care Administration, the Commissioner of Education, and
 1040  the executive director shall serve as ex officio, nonvoting
 1041  members of the commission. Members shall serve at the pleasure
 1042  of the officer who appointed the member. A vacancy on the task
 1043  force shall be filled in the same manner as the original
 1044  appointment.
 1045         (b) The Commissioner of the Florida Department of Law
 1046  Enforcement shall chair the commission.
 1047         (c) The General Counsel of the Florida Department of Law
 1048  Enforcement shall serve as the general counsel for the
 1049  commission.
 1050         (d) The Florida Department of Law Enforcement staff, as
 1051  assigned by the chair, shall assist the commission in performing
 1052  its duties.
 1053         (e) The commission shall meet as necessary to conduct its
 1054  work at the call of the chair and at the time designated by him
 1055  or her at locations throughout the state. The commission may
 1056  conduct its meetings through teleconferences or other similar
 1057  means.
 1058         (f) Members of the task force are entitled to receive
 1059  reimbursement for per diem and travel expenses pursuant to s.
 1060  112.061.
 1061         (3) The commission shall investigate system failures in the
 1062  Marjory Stoneman Douglas High School shooting and prior mass
 1063  violence incidents in this state and develop recommendations for
 1064  system improvements. At a minimum, the commission shall analyze
 1065  information and evidence from the Marjory Stoneman Douglas High
 1066  School shooting and other mass violence incidents in this state.
 1067  At a minimum the commission shall:
 1068         (a) Develop a timeline of the incident, incident response,
 1069  and all relevant events preceding the incident, with particular
 1070  attention to all perpetrator contacts with local, state and
 1071  national government agencies and entities and any contract
 1072  providers of such agencies and entities.
 1073         (b) Investigate any failures in incident responses by local
 1074  law enforcement agencies and school resource officers.
 1075         1. Identify existing policies and procedures for active
 1076  assailant incidents on school premises and evaluate the
 1077  compliance with such policies and procedures in the execution of
 1078  incident responses.
 1079         2. Evaluate existing policies and procedures for active
 1080  assailant incidents on school premises in comparison with
 1081  national best practices.
 1082         3. Evaluate the extent to which any failures in policy,
 1083  procedure, or execution contributed to an inability to prevent
 1084  deaths and injuries.
 1085         4. Make specific recommendations for improving law
 1086  enforcement and school resource officer incident response in the
 1087  future.
 1088         (c) Investigate any failures in interactions with
 1089  perpetrators preceding mass violence incidents.
 1090         1. Identify the history of interactions between
 1091  perpetrators and government entities such as schools, law
 1092  enforcement agencies, courts and social service agencies, and
 1093  identify any failures to adequately communicate or coordinate
 1094  regarding indicators of risk or possible threats.
 1095         2. Evaluate the extent to which any such failures
 1096  contributed to an inability to prevent deaths and injuries.
 1097         3. Make specific recommendations for improving
 1098  communication and coordination among entities with knowledge of
 1099  indicators of risk or possible threats of mass violence in the
 1100  future.
 1101         4. Identify available state and local tools and resources
 1102  for enhancing communication and coordination regarding
 1103  indicators of risk or possible threats, including but not
 1104  limited to, the Department of Law Enforcement Fusion Center or
 1105  Judicial Inquiry System, and make specific recommendations for
 1106  using such tools and resources more effectively in the future.
 1107         (4)The commission has the power to investigate. The
 1108  commission may delegate to its investigators the authority to
 1109  administer oaths and affirmations.
 1110         (5) The commission has standing to petition the court for a
 1111  subpoena to compel the attendance of witnesses to testify before
 1112  the commission. The commission has standing to petition the
 1113  court to compel the production of any books, papers, records,
 1114  documentary evidence, and other items, including confidential
 1115  information, relevant to the performance of the duties of the
 1116  commission or to the exercise of its powers. The commission must
 1117  specify in the petition to the court for a subpoena the
 1118  relevancy of such information to the performance of the
 1119  commission duties or to the exercise of its powers. The chair or
 1120  any other member of the commission may administer all oaths and
 1121  affirmations in the manner prescribed by law to witnesses who
 1122  appear before the commission for the purpose of testifying in
 1123  any matter that concerning which the commission desires
 1124  evidence. In the case of a refusal to obey a subpoena issued by
 1125  the court to any person, the commission may make application to
 1126  any circuit court of this state which shall have jurisdiction to
 1127  order the witness to appear before the commission and to produce
 1128  evidence, if so ordered, or to give testimony touching on the
 1129  matter in question. Failure to obey the order may be punished by
 1130  the court as contempt.
 1131         (6)The commission may call upon appropriate agencies of
 1132  state government for such professional assistance as may be
 1133  needed in the discharge of its duties, and such agencies shall
 1134  provide such assistance in a timely manner.
 1135         (7)Notwithstanding any other law, the commission may
 1136  request and shall be provided with access to any information or
 1137  records, including confidential or exempt information or
 1138  records, that pertain to the Marjory Stoneman Douglas High
 1139  School shooting and prior mass violence incidents in Florida
 1140  being reviewed by the commission and that are necessary for the
 1141  commission to carry out its duties. Information or records
 1142  obtained by the commission that are otherwise confidential or
 1143  exempt shall retain such confidential or exempt status and the
 1144  commission may not disclose any such information or records.
 1145         (8)The commission shall submit an initial report on its
 1146  findings and recommendations to the Governor, President of the
 1147  Senate, and Speaker of the House of Representatives by January
 1148  1, 2019, and may issue reports annually thereafter. The
 1149  commission shall sunset July 1, 2023, and this section is
 1150  repealed on that date.
 1151         Section 15. Section 1000.051, Florida Statutes, is created
 1152  to read:
 1153         1000.051 School safety and security.—
 1154         (1) Pursuant to the authority granted under s. 1000.01, the
 1155  Legislature intends that the provisions of the Florida K-20
 1156  Education Code be liberally construed by the State Board of
 1157  Education, the Commissioner of Education, district school
 1158  boards, district superintendents, and law enforcement agencies
 1159  to the end that student discipline and school safety policy
 1160  objectives may be effective.
 1161         (2) It is the intent of the Legislature, notwithstanding
 1162  any other provision of the Florida K-20 Education Code and rules
 1163  adopted pursuant thereto, with the exception of applicable
 1164  public records exemption provisions authorized by law pertaining
 1165  to exempt, or confidential and exempt, information, that school
 1166  district and law enforcement personnel be authorized to take
 1167  necessary actions to ensure the fundamental protection and
 1168  safety of public school students, personnel, and visitors.
 1169         Section 16. Section 1001.217, Florida Statutes, is created
 1170  to read:
 1171         1001.217 Office of Safe Schools.—There is created within
 1172  the Department of Education the Office of Safe Schools, as
 1173  required under s. 20.15, which shall be administered by an
 1174  executive director.
 1175         (1) The office shall be fully accountable to the
 1176  Commissioner of Education, but must cooperate and coordinate
 1177  with the Board of Governors of the State University System,
 1178  public and nonpublic postsecondary institutions, school
 1179  districts, public and nonpublic schools, state and local
 1180  agencies, community organizations, and other organizations and
 1181  persons, as directed by the commissioner.
 1182         (2) The purpose of the office is to serve as the state
 1183  education agency’s primary coordinating division assigned to
 1184  promote and support safe learning environments by addressing
 1185  issues of student safety and academic success at the state,
 1186  district, and school levels. In performing these functions, the
 1187  office shall, at a minimum:
 1188         (a) Function as the state’s primary contact for the
 1189  coordination of activities, information, and reporting related
 1190  to the implementation of the student discipline and school
 1191  safety requirements of subpart I.C. of chapter 1006 pertaining
 1192  to public K-12 education support for learning and student
 1193  services, as well as other requirements of law pertaining to
 1194  school safety partnerships and responsibilities, as assigned by
 1195  the commissioner.
 1196         (b) Function as the state contact and state education
 1197  agency coordination office for school district safety
 1198  specialists, as assigned pursuant to s. 1006.12, and primary
 1199  emergency operations contact staff assigned by Florida College
 1200  System institutions, state universities, and other entities
 1201  identified by the commissioner.
 1202         (c) Coordinate with state and local agencies, school
 1203  district personnel, and safety and security experts to establish
 1204  safe school and security standards, review school safety and
 1205  security plans, establish guidelines regarding school district
 1206  appointments to and functions of public school threat assessment
 1207  teams and district school safety specialists, and update risk
 1208  assessment procedures, as appropriate.
 1209         (d) Develop and implement a training program for district
 1210  school safety specialists designated or appointed by a district
 1211  school board pursuant to s. 1006.07(8). Training program
 1212  elements must include, but need not be limited to, school safety
 1213  specialist participation in active shooter situation training
 1214  conducted pursuant to s. 1006.07(4)(b), campus tours performed
 1215  pursuant to s. 1006.07(7), program activities of the Public
 1216  School Emergency Response Learning System Program established
 1217  pursuant to s. 1006.149, and training associated with the
 1218  Florida Safe Schools Assessment Tool provided pursuant to s.
 1219  1006.1493.
 1220         Section 17. Subsection (3) is added to section 1002.221,
 1221  Florida Statutes, to read:
 1222         1002.221 K-12 education records; public records exemption.—
 1223         (3)This section does not limit the application of
 1224  exemptions from public records requirements for security system
 1225  plans and public security systems, including security footage,
 1226  or other information that would relate to or reveal the location
 1227  or capabilities of such systems, provided under ss.
 1228  119.071(3)(a) and 281.301.
 1229         Section 18. Subsection (4) is added to section 1002.225,
 1230  Florida Statutes, to read:
 1231         1002.225 Education records of students in public
 1232  postsecondary educational institutions; penalty.—
 1233         (4)This section does not limit the application of
 1234  exemptions from public records requirements for security system
 1235  plans and public security systems, including security footage,
 1236  or other information that would relate to or reveal the location
 1237  or capabilities of such systems, provided under ss.
 1238  119.071(3)(a) and 281.301.
 1239         Section 19. Section 1006.04, Florida Statutes, is amended
 1240  to read:
 1241         1006.04 Educational multiagency services for students with
 1242  severe emotional disturbance.—
 1243         (1)(a) The Legislature recognizes that an intensive,
 1244  integrated educational program,; a continuum of mental health
 1245  treatment services,; and, when needed, residential services are
 1246  necessary to enable students with severe emotional disturbance
 1247  to develop appropriate behaviors and demonstrate academic and
 1248  career education skills. The small incidence of severe emotional
 1249  disturbance in the total school population requires multiagency
 1250  programs to provide access to appropriate services for all
 1251  students with severe emotional disturbance. District school
 1252  boards should provide educational programs, and state
 1253  departments and agencies administering children’s mental health
 1254  funds should provide mental health treatment and residential
 1255  services when needed, forming a multiagency network to provide
 1256  support for students with severe emotional disturbance. To
 1257  facilitate solutions to these issues, the Multiagency Service
 1258  Network for Students with Severe Emotional Disturbance (SEDNET)
 1259  is established as a function of the department in partnership
 1260  with other state, regional, and local partners as a statewide
 1261  network of regional projects comprised of major child-serving
 1262  agencies, community-based service providers, and students and
 1263  their families.
 1264         (2) Under the leadership and guidance of the department,
 1265  the fundamental goal of SEDNET and its partners shall be to
 1266  facilitate the process of cross system collaboration and
 1267  inclusion of families as full partners. At a minimum, SEDNET
 1268  shall:
 1269         (a) Focus on developing interagency collaboration and
 1270  sustaining partnerships among professionals and families in the
 1271  education, mental health, substance abuse, child welfare, and
 1272  juvenile justice systems serving children and youth with, and at
 1273  risk of, emotional and behavioral disabilities.
 1274         (b) Provide technical assistance and support in building
 1275  service capacity within regional areas and collaborate in
 1276  related state level activities impacting system of care.
 1277         (c) Serve as a collaborative resource for school districts,
 1278  agencies, and families working to promote positive educational
 1279  and community-based outcomes for children.
 1280         (3)(b) The program goals for each component of SEDNET the
 1281  multiagency network are to enable students with severe emotional
 1282  disturbance to learn appropriate behaviors, reduce dependency,
 1283  and fully participate in all aspects of school and community
 1284  living; to develop individual programs for students with severe
 1285  emotional disturbance, including necessary educational,
 1286  residential, and mental health treatment services; to provide
 1287  programs and services as close as possible to the student’s home
 1288  in the least restrictive manner consistent with the student’s
 1289  needs; and to integrate a wide range of services necessary to
 1290  support students with severe emotional disturbance and their
 1291  families.
 1292         (4)(2) The Legislature may provide funding for the
 1293  department to may award grants to district school boards for
 1294  statewide planning and development of SEDNET the multiagency
 1295  network for students with severe emotional disturbance. The
 1296  educational services shall be provided in a manner consistent
 1297  with the requirements of ss. 402.22 and 1003.57.
 1298         (5)(3) State departments and agencies may use appropriate
 1299  funds for SEDNET the multiagency network for students with
 1300  severe emotional disturbance.
 1301         Section 20. Section 1006.05, Florida Statutes, is created
 1302  to read:
 1303         1006.05Mental health assistance allocation
 1304  specifications.—Pursuant to s. 1011.62(17), the mental health
 1305  assistance allocation is created to provide supplemental funding
 1306  to assist school districts and charter schools in establishing
 1307  or expanding comprehensive mental health programs that increase
 1308  awareness of mental health issues among children and school-age
 1309  youth; to train educators and other school staff in detecting
 1310  and responding to mental health issues; and to connect children,
 1311  youth, and families who may experience behavioral or mental
 1312  health issues with appropriate services.
 1313         (1) Funding provided pursuant to s. 1011.62(16) shall be
 1314  allocated in accordance with the following:
 1315         (a)Before the distribution of the allocation:
 1316         1. The district must annually develop and submit a detailed
 1317  plan outlining the local program and planned expenditures to the
 1318  district school board for approval.
 1319         2. A charter school must annually develop and submit a
 1320  detailed plan outlining the local program and planned
 1321  expenditures of the funds in the plan to its governing body for
 1322  approval. After the plan is approved by the governing body, it
 1323  must be provided to its school district for submission to the
 1324  commissioner.
 1325         (b) The plans required under paragraph (a) must include, at
 1326  a minimum, the elements in subparagraphs 1., 2., and 3., and the
 1327  districts and charter schools are strongly encouraged to include
 1328  in their respective plans the elements specified in
 1329  subparagraphs 4., 5., and 6., as follows:
 1330         1. A contract or a memorandum of understanding with at
 1331  least one local nationally accredited community behavioral
 1332  health provider or a provider of Community Action Team services
 1333  to provide a behavioral health staff presence and services at
 1334  district schools. Services may include, but are not limited to,
 1335  mental health screenings and assessments, individual counseling,
 1336  family counseling, group counseling, psychiatric or
 1337  psychological services, trauma-informed care, mobile crisis
 1338  services, and behavior modification. These behavioral health
 1339  services may be provided on or off the school campus and may be
 1340  supplemented by telehealth;
 1341         2.Training opportunities in Mental Health First Aid or
 1342  other similar nationally recognized evidence-based training
 1343  programs for all school personnel who have contact with
 1344  students. The training must cover risk factors and warning signs
 1345  for mental health and addiction concerns, strategies for
 1346  providing assistance to individuals in both crisis and non
 1347  crisis situations, and the use of referral mechanisms that
 1348  effectively link individuals to appropriate treatment and
 1349  intervention services in the school and in the community. Topics
 1350  covered should include depression and mood disorders, anxiety
 1351  disorders, trauma, psychosis, substance use disorders, and
 1352  suicide prevention;
 1353         3. A mental health crisis intervention strategy that
 1354  provides for prompt resolution of identified, immediate threats
 1355  within district schools, including Baker Act referrals and
 1356  notification of law enforcement personnel, as appropriate;
 1357         4. Programs to assist students in dealing with anxiety,
 1358  depression, bullying, trauma, and violence;
 1359         5. Strategies or programs to reduce the likelihood of at
 1360  risk students developing social, emotional, or behavioral health
 1361  problems; suicidal tendencies; or substance use disorders; and
 1362         6. Strategies to improve the early identification of
 1363  social, emotional, or behavioral problems or substance use
 1364  disorders and to improve the provision of early intervention
 1365  services.
 1366         (c)The districts shall submit approved plans to the
 1367  commissioner by August 1 of each year.
 1368         (2) Beginning September 30, 2019, and by each September 30
 1369  thereafter, each entity that receives an allocation under this
 1370  section and s. 1011.62(16) shall submit to the commissioner, in
 1371  a format prescribed by the department, a final report on its
 1372  program outcomes and its expenditures for each element of the
 1373  program. At a minimum, the report must include the number of
 1374  each of the following:
 1375         (a) Students who receive screenings or assessments.
 1376         (b) Students who are referred for services or assistance.
 1377         (c) Students who receive services or assistance.
 1378         (d) Parents or guardians notified.
 1379         (e) School personnel who are trained to engage in the
 1380  services, techniques, strategies, or programs identified in the
 1381  plan required under this section.
 1382         Section 21. Subsections (4) and (6) of section 1006.07,
 1383  Florida Statutes, are amended, and subsections (7) and (8) are
 1384  added to that section, to read:
 1385         1006.07 District school board duties relating to student
 1386  discipline and school safety.—The district school board shall
 1387  provide for the proper accounting for all students, for the
 1388  attendance and control of students at school, and for proper
 1389  attention to health, safety, and other matters relating to the
 1390  welfare of students, including:
 1391         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1392         (a) Formulate and prescribe policies and procedures for
 1393  emergency drills and for actual emergencies, including, but not
 1394  limited to, fires, natural disasters, hostage and active shooter
 1395  situations, and bomb threats, for all the public schools of the
 1396  district which comprise grades K-12. District school board
 1397  policies shall include commonly used alarm system responses for
 1398  specific types of emergencies and verification by each school
 1399  that drills have been provided as required by law and fire
 1400  protection codes. The emergency response agency that is
 1401  responsible for notifying the school district for each type of
 1402  emergency must be listed in the district’s emergency response
 1403  policy.
 1404         (b) Establish model emergency management and emergency
 1405  preparedness procedures, including emergency notification
 1406  procedures pursuant to paragraph (a), for the following life
 1407  threatening emergencies:
 1408         1. Weapon-use, and hostage, and active shooter situations.
 1409  The active shooter situation training for each school must
 1410  engage the participation of the district school safety
 1411  specialist, threat assessment team members, faculty, staff, and
 1412  students and must be conducted by the law enforcement agency or
 1413  agencies that are designated as first responders to the school’s
 1414  campus.
 1415         2. Hazardous materials or toxic chemical spills.
 1416         3. Weather emergencies, including hurricanes, tornadoes,
 1417  and severe storms.
 1418         4. Exposure as a result of a manmade emergency.
 1419         (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
 1420  district shall: Use the Safety and Security Best Practices
 1421  developed by the Office of Program Policy Analysis and
 1422  Government Accountability to
 1423         (a) Designate a threat assessment team, in accordance with
 1424  guidelines established by the Office of Safe Schools, at each
 1425  school in the district. The threat assessment team shall operate
 1426  under the direction of the district school safety specialist.
 1427         (b) Conduct security risk assessments in accordance with s.
 1428  1006.1493 at each public school and conduct a self-assessment of
 1429  the school district’s districts’ current safety and security
 1430  practices using a format prescribed by the department. Based on
 1431  these self-assessment findings, the district school
 1432  superintendent shall provide recommendations to the district
 1433  school board which identify strategies and activities that the
 1434  district school board should implement in order to improve
 1435  school safety and security. Annually each district school board
 1436  must receive such findings and the superintendent’s
 1437  recommendations the self-assessment results at a publicly
 1438  noticed district school board meeting to provide the public an
 1439  opportunity to hear the district school board members discuss
 1440  and take action on the report findings and recommendations. Each
 1441  district school superintendent shall report such findings the
 1442  self-assessment results and school board action to the
 1443  commissioner within 30 days after the district school board
 1444  meeting.
 1445         (c) Develop a plan, in a format prescribed by the
 1446  department, which includes a secure, single point of entry onto
 1447  school grounds.
 1448         (7) SAFETY IN CONSTRUCTION PLANNING.—A district school
 1449  board must allow the law enforcement agency or agencies that are
 1450  designated as first responders to the district’s campus and
 1451  school’s campuses to tour such campuses once every 3 years. Any
 1452  changes related to school safety and emergency issues
 1453  recommended by a law enforcement agency based on a campus tour
 1454  must be documented by the district school board.
 1455         (8) DISTRICT SCHOOL SAFETY SPECIALIST.—A district school
 1456  board shall designate or appoint a district school safety
 1457  specialist to serve at the direction of the superintendent as
 1458  the district’s primary point of public contact regarding the
 1459  district’s coordination, communication, and implementation of
 1460  policies, procedures, responsibilities, and reporting related to
 1461  district and public school safety functions. The school safety
 1462  specialist shall do all of the following:
 1463         (a) Coordinate with the Office of Safe Schools created
 1464  pursuant to s. 1001.217.
 1465         (b) Facilitate the collection and dissemination of
 1466  information among and between the school district, school
 1467  personnel, students and their families, state and local law
 1468  enforcement agencies, community health entities, and other state
 1469  and community partners.
 1470         (c) Maintain records and reports and facilitate the
 1471  implementation of policies regarding the respective duties and
 1472  responsibilities of the school districts, superintendents, and
 1473  principals and reporting regarding student discipline and school
 1474  safety requirements.
 1475         (d) Oversee and coordinate threat assessment teams and
 1476  provide a coordinated approach to evaluating and responding to
 1477  students who pose, or appear to pose, a credible potential
 1478  threat of violence or harm to themselves or others.
 1479         (e) Perform other responsibilities assigned by the
 1480  superintendent and requested by the Office of Safe Schools to
 1481  facilitate and coordinate the effective implementation of
 1482  student discipline and school safety requirements.
 1483         Section 22. Section 1006.12, Florida Statutes, is amended
 1484  to read:
 1485         1006.12 Safe-school resource officers at each public school
 1486  and school safety officers.—For the protection and safety of
 1487  school personnel, property, students, and visitors, each
 1488  district school board and school district superintendent shall
 1489  cooperate with law enforcement agencies to establish or assign
 1490  one or more safe-school officers at each school facility within
 1491  the district, by implementing any combination of the following
 1492  options:
 1493         (1) District school boards may Establish school resource
 1494  officer programs, through a cooperative agreement with law
 1495  enforcement agencies or in accordance with subsection (2).
 1496         (a) School resource officers shall undergo criminal
 1497  background checks, drug testing, and a psychological evaluation
 1498  and be certified law enforcement officers, as defined in s.
 1499  943.10(1), who are employed by a law enforcement agency as
 1500  defined in s. 943.10(4). The powers and duties of a law
 1501  enforcement officer shall continue throughout the employee’s
 1502  tenure as a school resource officer.
 1503         (b) School resource officers shall abide by district school
 1504  board policies and shall consult with and coordinate activities
 1505  through the school principal, but shall be responsible to the
 1506  law enforcement agency in all matters relating to employment,
 1507  subject to agreements between a district school board and a law
 1508  enforcement agency. Activities conducted by the school resource
 1509  officer which are part of the regular instructional program of
 1510  the school shall be under the direction of the school principal.
 1511         (2) Commission one or more school safety officers for the
 1512  protection and safety of school personnel, property, and
 1513  students within the school district. The district school
 1514  superintendent may recommend, and the district school board may
 1515  appoint, one or more school safety officers.
 1516         (2)(a) School safety officers shall undergo criminal
 1517  background checks, drug testing, and a psychological evaluation
 1518  and be law enforcement officers, as defined in s. 943.10(1),
 1519  certified under the provisions of chapter 943 and employed by
 1520  either a law enforcement agency or by the district school board.
 1521  If the officer is employed by the district school board, the
 1522  district school board is the employing agency for purposes of
 1523  chapter 943, and must comply with the provisions of that
 1524  chapter.
 1525         (b) A district school board may commission one or more
 1526  school safety officers for the protection and safety of school
 1527  personnel, property, and students within the school district.
 1528  The district school superintendent may recommend and the
 1529  district school board may appoint one or more school safety
 1530  officers.
 1531         (b)(c) A school safety officer has and shall exercise the
 1532  power to make arrests for violations of law on district school
 1533  board property and to arrest persons, whether on or off such
 1534  property, who violate any law on such property under the same
 1535  conditions that deputy sheriffs are authorized to make arrests.
 1536  A school safety officer has the authority to carry weapons when
 1537  performing his or her official duties.
 1538         (c)(d) A district school board may enter into mutual aid
 1539  agreements with one or more law enforcement agencies as provided
 1540  in chapter 23. A school safety officer’s salary may be paid
 1541  jointly by the district school board and the law enforcement
 1542  agency, as mutually agreed to.
 1543         (3) Participate in the Florida Sheriff’s Marshal Program,
 1544  established pursuant to s. 1006.1491. Upon a participant’s
 1545  completion of the program, the district school board shall
 1546  designate a special deputy sheriff, as appointed by the sheriff
 1547  as a law enforcement officer certified under chapter 943,
 1548  pursuant to s. 30.072(2).
 1549         Section 23. Section 1006.149, Florida Statutes, is created
 1550  to read:
 1551         1006.149 Public School Emergency Response Learning System
 1552  Program.—
 1553         (1) The Public School Emergency Response Learning System
 1554  Program is established to assist school personnel in preparing
 1555  for and responding to active emergency situations and to
 1556  implement local notification systems for all Florida public
 1557  schools, with the ultimate goal of preventing tragedy and the
 1558  loss of life through proactive strategies.
 1559         (2) The program is created within the department and shall
 1560  be administered by the Office of Safe Schools, created pursuant
 1561  to s. 1001.217. Through the program, local law enforcement
 1562  agencies shall partner with participating public preschools,
 1563  public child care providers, or public school districts and
 1564  schools. Training, notifications, and resources must be
 1565  available for school personnel and students and their families
 1566  through, at minimum, the following mechanisms:
 1567         (a) Activities and direct training to mitigate risk and
 1568  save lives in emergency situations, such as lockdown, bomb
 1569  threat, active shooter, and other emergency situations.
 1570         (b) Vital local notification systems implemented to alert
 1571  schools of imminent danger.
 1572         (c) Other resources provided in conjunction with the
 1573  training, including, but not limited to, an emergency plan flip
 1574  chart, communication cards, instructional resources, activity
 1575  books for children and teachers, and certificates of training
 1576  and completion.
 1577         (3) Each program participant must develop a preemptive plan
 1578  of action that includes multiple options for addressing various
 1579  situations based on the form of danger present and the unique
 1580  needs and circumstances of each school and its faculty, staff,
 1581  students, and visitors.
 1582         (4) A school district must include in its emergency
 1583  notification procedures established pursuant to s. 1006.07 any
 1584  program participant who notifies the district of his or her
 1585  desire to participate.
 1586         (5) Funding for program activities may be provided by the
 1587  Legislature to implement this section.
 1588         Section 24. Section 1006.1491, Florida Statutes, is created
 1589  to read:
 1590         1006.1491Florida Sheriff’s Marshal Program.—The Florida
 1591  Sheriff’s Marshal Program is created within the department as a
 1592  voluntary program to assist school districts and public schools
 1593  in enhancing the safety and security of students, faculty,
 1594  staff, and visitors to Florida’s public schools and campuses.
 1595  The program is administered by the Office of Safe Schools,
 1596  created pursuant to s. 1001.217.
 1597         (1) PURPOSE.—The purpose of the program is to provide
 1598  comprehensive firearm safety and proficiency training for
 1599  selected faculty and staff strategically focused on providing
 1600  security on campus during an active assailant incident. Public
 1601  school faculty and staff who voluntarily participate in and
 1602  complete the program, as recommended by the school district, are
 1603  designated as special deputy sheriffs with all rights,
 1604  responsibilities, and obligations in carrying concealed firearms
 1605  on campus, as authorized pursuant to s. 30.09.
 1606         (2) DEFINITIONS.—As used in this section, the term:
 1607         (a) “Active assailant incident” means a situation in which
 1608  an armed assailant is posing an immediate deadly threat to
 1609  persons on the premises or campus of a public school.
 1610         (b) “Campus” means a school, as defined in s. 1003.01(2),
 1611  and facilities and school plants operated and controlled by a
 1612  public school district in accordance with s. 1003.02.
 1613         (c) “Partnership agreement” means a jointly approved
 1614  contract between the sheriff operating the program and the
 1615  superintendent of a participating school district sponsor.
 1616         (d) “Program” means a Florida Sheriff’s Marshal Program as
 1617  established and administered by a sheriff in accordance with
 1618  this section.
 1619         (e) “Sheriff” means the county sheriff constitutional
 1620  officer elected or appointed in accordance with chapter 30.
 1621         (f) “Sheriff’s marshal” means a faculty or staff member who
 1622  is recommended and sponsored by a school district and has been
 1623  successfully screened and approved by the sheriff to participate
 1624  in a program.
 1625         (g) “Special deputy sheriff” means a program participant
 1626  who has successfully completed the program and who is appointed
 1627  as a law enforcement officer in the same manner as a deputy
 1628  sheriff as provided in s. 30.072(2) and certified under chapter
 1629  943.
 1630         (3) PROGRAM ELIGIBILITY.—At a minimum, program eligibility
 1631  and participation requirements must include:
 1632         (a) A school district may sponsor and recommend to the
 1633  sheriff public school faculty and staff members as candidates
 1634  for voluntary participation in the program. The sheriff shall
 1635  establish timelines and requirements for participation through a
 1636  partnership agreement with the sponsoring school district
 1637  superintendent. To be eligible for consideration and
 1638  recommendation, a candidate must be licensed in accordance with
 1639  s. 790.06.
 1640         (b) After screening a candidate, including performing
 1641  criminal background checks, drug testing, and a psychological
 1642  evaluation, the sheriff may approve a candidate to participate
 1643  in the program as a sheriff’s marshal.
 1644         (c) Upon successful completion of the program, a sheriff’s
 1645  marshal may be appointed by the sheriff as a special deputy
 1646  sheriff for the limited purpose of responding to an active
 1647  assailant incident on a campus of his or her school district
 1648  during an active assailant incident.
 1649         (4) SPECIAL DEPUTY SHERIFF.—
 1650         (a) At a minimum, the partnership agreement must provide
 1651  that a special deputy sheriff:
 1652         1. Must participate in and complete the program’s
 1653  professional training requirements as a precondition to meeting
 1654  the legal requirements of chapter 30 to be eligible to carry a
 1655  concealed firearm on a campus of his or her sponsoring school
 1656  district.
 1657         2. May not act in any law enforcement capacity outside of
 1658  an active assailant incident on a school district campus and
 1659  does not have any authority in a law enforcement capacity off
 1660  campus in any way, except as otherwise expressly authorized by
 1661  law.
 1662         3. May carry concealed, approved firearms on campus. The
 1663  firearms must be specifically purchased and issued for the sole
 1664  purpose of the program. Only concealed carry safety holsters and
 1665  firearms approved by the sheriff may be used under the program.
 1666         4. Must successfully complete training with the sheriff’s
 1667  office before his or her appointment as a special deputy
 1668  sheriff, including meeting the requirements of this section.
 1669         (b) The appointment of a person as a special deputy sheriff
 1670  does not entitle the person to the special risk category that
 1671  applies to law enforcement officers pursuant to s. 121.0515.
 1672         (5) TRAINING AND INSTRUCTION.—All training must be
 1673  conducted by Criminal Justice Standards Training Commission
 1674  (CJSTC)-certified instructors.
 1675         (a) Required instruction must include 132 total hours of
 1676  comprehensive firearm safety and proficiency training in the
 1677  following topics:
 1678         1. Firearms: 80-hour block of instruction. The firearms
 1679  instruction must be based on the CJSTC Law Enforcement Academy
 1680  training model and must be enhanced to include 10 percent to 20
 1681  percent more rounds fired by each program participant beyond the
 1682  minimum average of approximately 1,000 training rounds
 1683  associated with academy training. Program participants must
 1684  achieve an 85 percent pass rate on the firearms training.
 1685         2. Firearms precision pistol: 16-hour block of instruction.
 1686         3. Firearms discretionary shooting: 4-hour block of
 1687  instruction using state-of-the-art simulator exercises.
 1688         4. Active shooter or assailant: 8-hour block of
 1689  instruction.
 1690         5. Defensive tactics: 4-hour block of instruction.
 1691         6. Legal or high liability: 20-hour block of instruction.
 1692         (b) Program participants may complete an optional, 16-hour
 1693  precision pistol course as additional training.
 1694         (c) Ongoing and annual proficiency retraining must be
 1695  conducted by the sheriff, as specified in the agreement.
 1696         (6) PARTICIPATION DENIAL OR TERMINATION.—The sheriff or the
 1697  district superintendent may deny or terminate a sheriff’s
 1698  marshal or special deputy sheriff’s participation in the program
 1699  for any reason, including, but not limited to, any of the
 1700  following circumstances:
 1701         (a) An arrest or filing of criminal charges against a
 1702  program participant by a law enforcement agency.
 1703         (b) The service of process on the program participant as
 1704  the respondent of an injunction for protection.
 1705         (c) The involuntary placement of the program participant in
 1706  a treatment facility for a mental health examination under The
 1707  Baker Act.
 1708         (d) A violation of sheriff office policies, orders, or
 1709  requirements by the program participant.
 1710         (e) A violation of the school district’s code of conduct or
 1711  employee handbook or policy by the program participant.
 1712         (7) IMPLEMENTATION.—
 1713         (a) The sheriff shall maintain documentation of weapon and
 1714  equipment inspections, as well as the training, certification,
 1715  inspection, and qualification records of each program
 1716  participant.
 1717         (b) Each program participant must be distinctly and
 1718  visually identifiable to responding law enforcement officers,
 1719  faculty, staff, and students, in the case of any active
 1720  assailant incident on a sponsoring school district’s campus.
 1721         (c) Each sheriff’s marshal must execute a volunteer
 1722  agreement with the sheriff’s office outlining duties and
 1723  responsibilities.
 1724         (d) A sponsoring school district must conduct awareness
 1725  training about the program for all school district faculty and
 1726  staff members.
 1727         (e) Specific implementation requirements, responsibilities,
 1728  and other aspects of implementation must be specified in a
 1729  partnership agreement.
 1730         (8) FUNDING.—The costs of program participation must be
 1731  established in the partnership agreement. Funding may be
 1732  provided by the Legislature to support school district and
 1733  sheriff office administration, sponsorship, participation, and
 1734  implementation of this section.
 1735         Section 25. Section 1006.1493, Florida Statutes, is created
 1736  to read:
 1737         1006.1493Florida Safe Schools Assessment Tool.—
 1738         (1) The department shall contract with a security
 1739  consulting firm that specializes in the development of risk
 1740  assessment software solutions and has experience in conducting
 1741  security assessments of public facilities to develop, update,
 1742  and implement a risk assessment tool, which shall be known as
 1743  the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must
 1744  be used by school officials at each school district and public
 1745  school site in the state in conducting security assessments for
 1746  use by school officials at each school district and public
 1747  school site in the state.
 1748         (2) The FSSAT must help school officials identify threats,
 1749  vulnerabilities, and appropriate safety controls for the schools
 1750  that they supervise, pursuant to the security risk assessment
 1751  requirements of s. 1006.07(6).
 1752         (a) At a minimum, the FSSAT must address all of the
 1753  following components:
 1754         1. School emergency and crisis preparedness planning;
 1755         2. Security, crime, and violence prevention policies and
 1756  procedures;
 1757         3. Physical security measures;
 1758         4. Professional development training needs;
 1759         5. An examination of support service roles in school
 1760  safety, security, and emergency planning;
 1761         6. School security and school police staffing, operational
 1762  practices, and related services;
 1763         7. School and community collaboration on school safety; and
 1764         8. A return on investment analysis of the recommended
 1765  physical security controls.
 1766         (b) The department shall require by contract that the
 1767  security consulting firm:
 1768         1. Generate written automated reports on assessment
 1769  findings for review by the department and school and district
 1770  officials;
 1771         2. Provide training to the department and school officials
 1772  in the use of the FSSAT and other areas of importance identified
 1773  by the department; and
 1774         3. Advise in the development and implementation of
 1775  templates, formats, guidance, and other resources necessary to
 1776  facilitate the implementation of this section at state,
 1777  district, school, and local levels.
 1778         (3) By December 1, 2018, and annually by that date
 1779  thereafter, the department must report to the Governor, the
 1780  President of the Senate, and the Speaker of the House of
 1781  Representatives on the status of implementation across school
 1782  districts and schools. The report must include a summary of the
 1783  positive school safety measures in place at the time of the
 1784  assessment and any recommendations for policy changes or funding
 1785  needed to facilitate continued school safety planning,
 1786  improvement, and response at the state, district, or school
 1787  levels.
 1788         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
 1789  and information related to security risk assessments
 1790  administered pursuant to this section and s. 1006.07(6) and the
 1791  security information contained in the annual report required
 1792  pursuant to subsection (3) are confidential and exempt from
 1793  public records requirements.
 1794         Section 26. Present subsections (16) and (17) of section
 1795  1011.62, Florida Statutes, are redesignated as subsections (17)
 1796  and (18), respectively, subsections (14) and (15) of that
 1797  section are amended, and a new subsection (16) is added to that
 1798  section, to read:
 1799         1011.62 Funds for operation of schools.—If the annual
 1800  allocation from the Florida Education Finance Program to each
 1801  district for operation of schools is not determined in the
 1802  annual appropriations act or the substantive bill implementing
 1803  the annual appropriations act, it shall be determined as
 1804  follows:
 1805         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 1806  annually in the General Appropriations Act determine a
 1807  percentage increase in funds per K-12 unweighted FTE as a
 1808  minimum guarantee to each school district. The guarantee shall
 1809  be calculated from prior year base funding per unweighted FTE
 1810  student which shall include the adjusted FTE dollars as provided
 1811  in subsection (17) (16), quality guarantee funds, and actual
 1812  nonvoted discretionary local effort from taxes. From the base
 1813  funding per unweighted FTE, the increase shall be calculated for
 1814  the current year. The current year funds from which the
 1815  guarantee shall be determined shall include the adjusted FTE
 1816  dollars as provided in subsection (17) (16) and potential
 1817  nonvoted discretionary local effort from taxes. A comparison of
 1818  current year funds per unweighted FTE to prior year funds per
 1819  unweighted FTE shall be computed. For those school districts
 1820  which have less than the legislatively assigned percentage
 1821  increase, funds shall be provided to guarantee the assigned
 1822  percentage increase in funds per unweighted FTE student. Should
 1823  appropriated funds be less than the sum of this calculated
 1824  amount for all districts, the commissioner shall prorate each
 1825  district’s allocation. This provision shall be implemented to
 1826  the extent specifically funded.
 1827         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1828  created to provide funding to assist school districts in their
 1829  compliance with subpart I.C. of chapter 1006 ss. 1006.07
 1830  1006.148, with priority given to satisfying the requirement of
 1831  establishing or assigning at least one safe-school officer at
 1832  each school facility within the district a school resource
 1833  officer program pursuant to s. 1006.12. Each school district
 1834  shall receive a minimum safe schools allocation in an amount
 1835  provided in the General Appropriations Act. Of the remaining
 1836  balance of the safe schools allocation, two-thirds shall be
 1837  allocated to school districts based on the most recent official
 1838  Florida Crime Index provided by the Department of Law
 1839  Enforcement and one-third shall be allocated based on each
 1840  school district’s proportionate share of the state’s total
 1841  unweighted full-time equivalent student enrollment.
 1842         (16)MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1843  assistance allocation is created to provide funding to assist
 1844  school districts and charter schools in their compliance with
 1845  the requirements and specifications established in s. 1006.05.
 1846  These funds must be allocated annually in the General
 1847  Appropriations Act to each eligible school district and
 1848  developmental research school based on each entity’s
 1849  proportionate share of Florida Education Finance Program base
 1850  funding, in accordance with s. 1006.05. The district funding
 1851  allocation must include a minimum amount, as provided in the
 1852  General Appropriations Act. Eligible charter schools are
 1853  entitled to a proportionate share of district funding for the
 1854  program. The allocated funds may not supplant funds that are
 1855  provided for this purpose from other operating funds and may not
 1856  be used to increase salaries or provide bonuses, except for
 1857  personnel hired to implement the plans required by s. 1006.05.
 1858  School districts and schools must maximize third-party funding
 1859  from Medicaid and private insurance when appropriate.
 1860         Section 27. For the purpose of incorporating the amendment
 1861  made by this act to section 790.065, Florida Statutes, in a
 1862  reference thereto, subsection (2) of section 397.6760, Florida
 1863  Statutes, is reenacted to read:
 1864         397.6760 Court records; confidentiality.—
 1865         (2) This section does not preclude the clerk of the court
 1866  from submitting the information required by s. 790.065 to the
 1867  Department of Law Enforcement.
 1868         Section 28. For the purpose of incorporating the amendment
 1869  made by this act to section 790.065, Florida Statutes, in a
 1870  reference thereto, paragraph (e) of subsection (3) of section
 1871  790.335, Florida Statutes, is reenacted to read:
 1872         790.335 Prohibition of registration of firearms; electronic
 1873  records.—
 1874         (3) EXCEPTIONS.—The provisions of this section shall not
 1875  apply to:
 1876         (e)1. Records kept pursuant to the recordkeeping provisions
 1877  of s. 790.065; however, nothing in this section shall be
 1878  construed to authorize the public release or inspection of
 1879  records that are made confidential and exempt from the
 1880  provisions of s. 119.07(1) by s. 790.065(4)(a).
 1881         2. Nothing in this paragraph shall be construed to allow
 1882  the maintaining of records containing the names of purchasers or
 1883  transferees who receive unique approval numbers or the
 1884  maintaining of records of firearm transactions.
 1885         Section 29. The sum of $10 million in recurring funds from
 1886  the General Revenue Fund is appropriated to the Department of
 1887  Legal Affairs to reimburse verified or designated trauma centers
 1888  for documented medical costs of treating victims of mass
 1889  shootings through its Medical Reimbursement Program for Victims
 1890  of Mass Shootings.
 1891         Section 30. Each January 1, the Department of Agriculture
 1892  and Consumer Services shall transfer 10 percent of the fees
 1893  collected for new and renewal concealed weapon or firearm
 1894  licenses from the Division of Licensing Trust Fund to the
 1895  Department of Legal Affairs to reimburse verified or designated
 1896  trauma centers for documented medical costs of treating victims
 1897  of mass shootings through its Medical Reimbursement Program for
 1898  Victims of Mass Shootings.
 1899         Section 31. This act shall take effect upon becoming a law.