2019 Legislature CS for CS for SB 7030, 1st Engrossed
2 An act relating to implementation of legislative
3 recommendations of the Marjory Stoneman Douglas High
4 School Public Safety Commission; amending s. 30.15,
5 F.S.; requiring sheriffs to assist district school
6 boards and charter school governing boards with
7 compliance with a specified provision; requiring
8 sheriffs to provide access to the Coach Aaron Feis
9 Guardian Program; conforming a provision to changes
10 made by the act; requiring sheriffs to establish a
11 school guardian program or contract with another
12 sheriff’s office that has established a program under
13 a certain condition; authorizing sheriffs that have
14 established a guardian program to contract to provide
15 training for specified purposes; requiring charter
16 school governing boards to notify the superintendent
17 or district school safety specialist and the sheriff
18 in the county before training is executed; providing
19 for reimbursement of a sheriff who conducts such
20 training; removing the prohibition against classroom
21 teachers serving as school guardians; conforming
22 provisions to changes made by the act; revising
23 certification requirements for school guardians;
24 prohibiting individuals from serving as school
25 guardians unless they are appointed by a
26 superintendent or charter school principal, as
27 applicable; amending s. 843.08, F.S.; adding school
28 guardians to the list of officials the false
29 personation of whom is prohibited and subject to
30 criminal penalties; making technical changes; amending
31 s. 943.03, F.S.; requiring the Department of Law
32 Enforcement to consult with sheriffs who establish a
33 guardian program on programmatic guiding principles,
34 practices, and resources relating to the development
35 and implementation of the program; amending s.
36 943.082, F.S.; requiring school districts to promote
37 the use of a mobile suspicious activity reporting tool
38 through specified platforms and mediums; amending s.
39 1001.10, F.S.; requiring the Commissioner of Education
40 to review recommendations from the School Hardening
41 and Harm Mitigation Workgroup; requiring the
42 commissioner to submit a summary to the Governor and
43 the Legislature by a specified date; providing
44 requirements for the summary; amending s. 1001.11,
45 F.S.; revising the duties of the commissioner to
46 include oversight and facilitation of compliance with
47 the safety and security requirements of the Marjory
48 Stoneman Douglas High School Public Safety Act by
49 specified persons and entities; amending s. 1001.212,
50 F.S.; requiring the Office of Safe Schools to annually
51 provide training for specified personnel; conforming
52 provisions to changes made by the act; requiring the
53 office to provide data to support the evaluation of
54 mental health services; requiring the office to
55 provide technical assistance for school safety
56 incident reporting; requiring the office to collect
57 data through the school environmental safety incident
58 reports; requiring the office to review and evaluate
59 school district reports for compliance; requiring a
60 district school board to withhold a superintendent’s
61 salary in response to the superintendent’s
62 noncompliance; requiring the office to convene a
63 School Hardening and Harm Mitigation Workgroup;
64 providing for membership and duties of the workgroup;
65 requiring the workgroup to submit a report and
66 recommendations to the executive director of the
67 office and the commissioner; providing requirements
68 for the report; providing for future repeal; requiring
69 the office to develop a behavioral threat assessment
70 instrument; providing requirements for the instrument;
71 requiring the office to establish the Statewide Threat
72 Assessment Database Workgroup to make certain
73 recommendations relating to a statewide threat
74 assessment database; providing requirements for the
75 database; requiring the workgroup to report
76 recommendations to the office by a specified date;
77 providing requirements for such recommendations;
78 requiring the office to monitor school district and
79 public school, including charter school, compliance
80 with requirements relating to school safety; requiring
81 the office to report incidents of noncompliance to the
82 commissioner and the state board; requiring the office
83 to annually publish a list containing specified
84 information relating to safe-school officers; amending
85 s. 1002.33, F.S.; requiring charter schools to comply
86 with specified provisions; amending s. 1003.25, F.S.;
87 providing requirements for the transfer of certain
88 student records; amending s. 1006.07, F.S.; revising
89 requirements for certain types of emergency drills;
90 requiring that a school safety specialist be a school
91 administrator employed by the school district or a law
92 enforcement officer employed by the sheriff’s office
93 located in the school district; providing requirements
94 for a school safety specialist designated from a
95 sheriff’s office; providing that a school safety
96 specialist designated from a sheriff’s office remains
97 an employee of such office for certain purposes;
98 authorizing the sheriff and school superintendent to
99 determine by agreement the reimbursement or sharing of
100 costs associated with employment of the law
101 enforcement officer as a school safety specialist;
102 requiring district school boards to adopt an active
103 assailant response plan; requiring each district
104 school superintendent and charter school principal to
105 certify by a specified date, and annually thereafter,
106 that all school personnel have received annual
107 training under the plan; requiring that certain
108 policies adopted by school districts include
109 procedures for behavioral threat assessments;
110 requiring threat assessment teams to utilize the
111 behavioral threat assessment instrument and the threat
112 assessment database developed by the office when they
113 become available; requiring threat assessment teams to
114 verify that, upon a student’s transfer to a different
115 school, any intervention services provided to the
116 student remain in place until the team makes a certain
117 determination; requiring district school boards to
118 adopt policies for accurate and timely reporting of
119 school environmental safety incidents; providing
120 penalties for noncompliance with such policies;
121 requiring the State Board of Education to adopt rules
122 establishing requirements for school environmental
123 safety incident reports; amending s. 1006.12, F.S.;
124 requiring district school boards and school district
125 superintendents to partner with security agencies to
126 establish or assign safe-school officers; requiring
127 district school boards to collaborate with charter
128 school governing boards to facilitate access to all
129 safe-school officer options; expanding the options
130 school districts are authorized to implement;
131 expanding the categories of individuals who may serve
132 as school guardians; authorizing school districts and
133 charter school governing boards to contract with
134 security agencies to employ school security guards;
135 providing requirements for school security guards;
136 authorizing the Department of Law Enforcement to
137 provide certain entities with specified data relating
138 to psychological evaluations administered to school
139 security guard applicants; providing requirements for
140 contracts between a security agency and a school
141 district or charter school governing board; providing
142 that certain school security guards are in support of
143 school-sanctioned activities and are required to aid
144 in the prevention or abatement of certain incidents;
145 requiring certain school districts to notify the
146 county sheriff and the Office of Safe Schools after
147 the occurrence of specified events; requiring school
148 districts to assign school resource officers or school
149 safety officers to charter schools under certain
150 circumstances; requiring school districts to retain
151 specified allocation funds for a specified purpose if
152 such officers are assigned; amending s. 1006.13, F.S.;
153 revising requirements for school district zero
154 tolerance policies; amending s. 1006.1493, F.S.;
155 requiring the Florida Safe Schools Assessment Tool
156 (FSSAT) to be the primary site security assessment
157 tool for school districts; requiring the department to
158 require a security consulting firm to review
159 recommendations of the School Hardening and Harm
160 Mitigation Workgroup; requiring the office to annually
161 make the FSSAT available by a specified date;
162 requiring the office to provide FSSAT training;
163 amending s. 1011.62, F.S.; modifying the required use
164 of funds in the safe schools allocation; providing for
165 retroactive application; providing legislative intent;
166 expanding, as of a specified date, the categorical
167 fund that may be accessed to improve classroom
168 instruction or improve school safety; revising
169 requirements for a district school board’s annual
170 financial report to the Department of Education;
171 requiring each school district to report that the
172 public schools within the district have completed the
173 required school security risk assessment; providing
174 that a charter school’s share of costs for a school
175 resource officer or school safety officer may not
176 exceed a specified amount if a district school board
177 is required to assign such an officer to the charter
178 school; deleting obsolete language; expanding the
179 purpose of the mental health assistance allocation;
180 providing that charter schools that take a specified
181 action are entitled to a proportionate share of
182 certain funding; deleting a requirement that
183 restricted to certain elements how a specified
184 percentage of a district’s mental health assistance
185 allocation could be expended; revising requirements
186 for a plan required to be developed by school
187 districts before distribution of such allocation;
188 requiring that the plans include charter schools,
189 except in certain circumstances; authorizing, rather
190 than requiring, charter schools to develop and submit
191 a specified plan; revising requirements for school
192 districts’ and charter schools’ plans; revising
193 requirements relating to a specified report required
194 by school districts to annually submit to the
195 department; reenacting s. 921.0022(3)(b), F.S.,
196 relating to the offense severity ranking chart of the
197 Criminal Punishment Code, to incorporate the amendment
198 made to s. 843.08, F.S., in a reference thereto;
199 providing a declaration of important state interest;
200 providing effective dates.
202 Be It Enacted by the Legislature of the State of Florida:
204 Section 1. Paragraph (k) of subsection (1) of section
205 30.15, Florida Statutes, is amended to read:
206 30.15 Powers, duties, and obligations.—
207 (1) Sheriffs, in their respective counties, in person or by
208 deputy, shall:
209 (k) Assist district school boards and charter school
210 governing boards in complying with s. 1006.12. A sheriff must,
211 at a minimum, provide access to
e stablish, if the sheriff so
212 chooses, a Coach Aaron Feis Guardian Program to aid in the
213 prevention or abatement of active assailant incidents on school
214 premises, as required under this paragraph. Persons certified as
215 school guardians pursuant to this paragraph have no authority to
216 act in any law enforcement capacity except to the extent
217 necessary to prevent or abate an active assailant incident.
218 1.a. If a local school board has voted by a majority to
219 implement a guardian program, the sheriff in that county shall
220 establish a guardian program to provide training, pursuant to
221 subparagraph 2., to school district or charter school employees,
222 either directly or through a contract with another sheriff’s
223 office that has established a guardian program.
224 b. A charter school governing board in a school district
225 that has not voted, or has declined, to implement a guardian
226 program may request the sheriff in the county to establish a
227 guardian program for the purpose of training the charter school
228 employees. If the county sheriff denies the request, the charter
229 school governing board may contract with a sheriff that has
230 established a guardian program to provide such training. The
231 charter school governing board must notify the superintendent
232 and the sheriff in the charter school’s county of the contract
233 prior to its execution.
234 c. The sheriff conducting the training pursuant to
235 subparagraph 2. will be reimbursed for screening-related and
236 training-related costs and for providing a one-time stipend of
237 $500 to each school guardian who participates in the school
238 guardian program A school guardian has no authority to act in
239 any law enforcement capacity except to the extent necessary to
240 prevent or abate an active assailant incident on a school
242 2. A Excluded from participating in the Coach Aaron Feis
243 Guardian Program are individuals who exclusively perform
244 classroom duties as classroom teachers as defined in s.
245 1012.01(2)(a). This limitation does not apply to classroom
246 teachers of a Junior Reserve Officers’ Training Corps program, a
247 current servicemember, as defined in s. 250.01, or a current or
248 former law enforcement officer, as defined in s. 943.10(1), (6),
249 or (8). The sheriff who establishes a chooses to establish the
250 program shall consult with the Department of Law Enforcement on
251 programmatic guiding principles, practices, and resources, and
252 shall certify appoint as school guardians, without the power of
253 arrest, school employees, as specified in s. 1006.12(3), who
254 volunteer and who:
255 a. 1. Hold a valid license issued under s. 790.06.
256 b. 2. Complete a 144-hour training program, consisting of 12
257 hours of a certified nationally recognized diversity training
258 and 132 total hours of comprehensive firearm safety and
259 proficiency training conducted by Criminal Justice Standards and
260 Training Commission-certified instructors, which must include:
261 (I) a . Eighty hours of firearms instruction based on the
262 Criminal Justice Standards and Training Commission’s Law
263 Enforcement Academy training model, which must include at least
264 10 percent but no more than 20 percent more rounds fired than
265 associated with academy training. Program participants must
266 achieve an 85 percent pass rate on the firearms training.
267 (II) b. Sixteen hours of instruction in precision pistol.
268 (III) c . Eight hours of discretionary shooting instruction
269 using state-of-the-art simulator exercises.
270 (IV) d . Eight hours of instruction in active shooter or
271 assailant scenarios.
272 (V) e . Eight hours of instruction in defensive tactics.
273 (VI) f . Twelve hours of instruction in legal issues.
274 c. 3 . Pass a psychological evaluation administered by a
275 psychologist licensed under chapter 490 and designated by the
276 Department of Law Enforcement and submit the results of the
277 evaluation to the sheriff’s office. The Department of Law
278 Enforcement is authorized to provide the sheriff’s office with
279 mental health and substance abuse data for compliance with this
281 d. 4 . Submit to and pass an initial drug test and subsequent
282 random drug tests in accordance with the requirements of s.
283 112.0455 and the sheriff’s office.
284 e. 5 . Successfully complete ongoing training, weapon
285 inspection, and firearm qualification on at least an annual
287 6. Successfully complete at least 12 hours of a certified
288 nationally recognized diversity training program.
290 The sheriff who conducts the guardian training shall issue a
291 school guardian certificate to individuals who meet the
292 requirements of this section to the satisfaction of the sheriff,
293 and subparagraph 2 . The sheriff shall maintain documentation of
294 weapon and equipment inspections, as well as the training,
295 certification, inspection, and qualification records of each
296 school guardian certified appointed by the sheriff. An
297 individual who is certified under this paragraph may serve as a
298 school guardian under s. 1006.12(3) only if he or she is
299 appointed by the applicable school district superintendent or
300 charter school principal.
301 Section 2. Effective October 1, 2019, section 843.08,
302 Florida Statutes, is amended to read:
303 843.08 False personation.—A person who falsely assumes or
304 pretends to be a firefighter, a sheriff, an officer of the
305 Florida Highway Patrol, an officer of the Fish and Wildlife
306 Conservation Commission, a fire or arson investigator of the
307 Department of Financial Services, an officer of the Department
308 of Financial Services, an officer of the Department of
309 Corrections, a correctional probation officer, a deputy sheriff,
310 a state attorney or an assistant state attorney, a statewide
311 prosecutor or an assistant statewide prosecutor, a state
312 attorney investigator, a coroner, a police officer, a lottery
313 special agent or lottery investigator, a beverage enforcement
314 agent, a school guardian as described in s. 30.15(1)(k), a
315 security officer licensed under chapter 493 o r watchman, or any
316 member of the Florida Commission on Offender Review or and any
317 administrative aide or supervisor employed by the commission, or
318 any personnel or representative of the Department of Law
319 Enforcement, or a federal law enforcement officer as defined in
320 s. 901.1505, and takes upon himself or herself to act as such,
321 or to require any other person to aid or assist him or her in a
322 matter pertaining to the duty of any such officer, commits a
323 felony of the third degree, punishable as provided in s.
324 775.082, s. 775.083, or s. 775.084. However, a person who
325 falsely personates any such officer during the course of the
326 commission of a felony commits a felony of the second degree,
327 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
328 If the commission of the felony results in the death or personal
329 injury of another human being, the person commits a felony of
330 the first degree, punishable as provided in s. 775.082, s.
331 775.083, or s. 775.084. The term “watchman” means a security
332 officer licensed under chapter 493.
333 Section 3. Subsection (16) is added to section 943.03,
334 Florida Statutes, to read:
335 943.03 Department of Law Enforcement.—
336 (16) Upon request, the department shall consult with
337 sheriffs to provide input regarding programmatic guiding
338 principles, practices, and resources in order to assist in the
339 development and implementation of the Coach Aaron Feis Guardian
340 Program established pursuant to s. 30.15. Such input and
341 guidance may include, but need not be limited to, standards,
342 curriculum, instructional strategies, evaluation, certification,
343 records retention, equipment, and other resource needs.
344 Section 4. Subsection (4) of section 943.082, Florida
345 Statutes, is amended to read:
346 943.082 School Safety Awareness Program.—
347 (4)(a) Law enforcement dispatch centers, school districts,
348 schools, and other entities identified by the department must
349 shall be made aware of the mobile suspicious activity reporting
351 (b) The district school board shall promote the use of the
352 mobile suspicious activity reporting tool by advertising it on
353 the school district website, in newsletters, on school campuses,
354 and in school publications, by installing it on all mobile
355 devices issued to students, and by bookmarking the website on
356 all computer devices issued to students.
357 Section 5. Subsection (9) is added to section 1001.10,
358 Florida Statutes, to read:
359 1001.10 Commissioner of Education; general powers and
361 (9) The commissioner shall review the report of the School
362 Hardening and Harm Mitigation Workgroup regarding hardening and
363 harm mitigation strategies and recommendations submitted by the
364 Office of Safe Schools, pursuant to s. 1001.212(11). By
365 September 1, 2020, the commissioner shall submit a summary of
366 such recommendations to the Governor, the President of the
367 Senate, and the Speaker of the House of Representatives.
368 Section 6. Subsection (9) is added to section 1001.11,
369 Florida Statutes, to read:
370 1001.11 Commissioner of Education; other duties.—
371 (9) The commissioner shall oversee compliance with the
372 safety and security requirements of the Marjory Stoneman Douglas
373 High School Public Safety Act, chapter 2018-03, Laws of Florida,
374 by school districts; district school superintendents; and public
375 schools, including charter schools. The commissioner must
376 facilitate compliance to the maximum extent provided under law,
377 identify incidents of noncompliance, and impose or recommend to
378 the State Board of Education, the Governor, or the Legislature
379 enforcement and sanctioning actions pursuant to s. 1008.32 and
380 other authority granted under law.
381 Section 7. Section 1001.212, Florida Statutes, is amended
382 to read:
383 1001.212 Office of Safe Schools.—There is created in the
384 Department of Education the Office of Safe Schools. The office
385 is fully accountable to the Commissioner of Education. The
386 office shall serve as a central repository for best practices,
387 training standards, and compliance oversight in all matters
388 regarding school safety and security, including prevention
389 efforts, intervention efforts, and emergency preparedness
390 planning. The office shall:
391 (1) Establish and update as necessary a school security
392 risk assessment tool for use by school districts pursuant to s.
393 1006.07(6). The office shall make the security risk assessment
394 tool available for use by charter schools. The office shall
395 provide annual training to appropriate school district and
396 charter school personnel on the proper assessment of physical
397 site security and completion of the school security risk
398 assessment tool.
399 (2) Provide ongoing professional development opportunities
400 to school district personnel.
401 (3) Provide a coordinated and interdisciplinary approach to
402 providing technical assistance and guidance to school districts
403 on safety and security and recommendations to address findings
404 identified pursuant to s. 1006.07(6).
405 (4) Develop and implement a School Safety Specialist
406 Training Program for school safety specialists appointed
407 pursuant to s. 1006.07(6). The office shall develop the training
408 program which shall be based on national and state best
409 practices on school safety and security and must include active
410 shooter training. The office shall develop training modules in
411 traditional or online formats. A school safety specialist
412 certificate of completion shall be awarded to a school safety
413 specialist who satisfactorily completes the training required by
414 rules of the office.
415 (5) Review and provide recommendations on the security risk
416 assessments. The department may contract with security
417 personnel, consulting engineers, architects, or other safety and
418 security experts the department deems necessary for safety and
419 security consultant services.
420 (6) Coordinate with the Department of Law Enforcement to
421 provide a centralized integrated data repository and data
422 analytics resources to improve access to timely, complete, and
423 accurate information integrating data from, at a minimum, but
424 not limited to, the following data sources by August 1, 2019
425 December 1, 2018:
426 (a) Social media Internet posts;
427 (b) Department of Children and Families;
428 (c) Department of Law Enforcement;
429 (d) Department of Juvenile Justice;
430 (e) Mobile suspicious activity reporting tool known as
432 (f) School environmental safety incident reports collected
433 under subsection (8); and
434 (g) (e) Local law enforcement.
436 Data that is exempt or confidential and exempt from public
437 records requirements retains its exempt or confidential and
438 exempt status when incorporated into the centralized integrated
439 data repository. To maintain the confidentiality requirements
440 attached to the information provided to the centralized
441 integrated data repository by the various state and local
442 agencies, data governance and security shall ensure compliance
443 with all applicable state and federal data privacy requirements
444 through the use of user authorization and role-based security,
445 data anonymization and aggregation and auditing capabilities. To
446 maintain the confidentiality requirements attached to the
447 information provided to the centralized integrated data
448 repository by the various state and local agencies, each source
449 agency providing data to the repository shall be the sole
450 custodian of the data for the purpose of any request for
451 inspection or copies thereof under chapter 119. The department
452 shall only allow access to data from the source agencies in
453 accordance with rules adopted by the respective source agencies
454 and the requirements of the Federal Bureau of Investigation
455 Criminal Justice Information Services security policy, where
457 (7) Provide data to support the evaluation of mental health
458 services pursuant to s. 1004.44.
459 (8) Provide technical assistance to school districts and
460 charter school governing boards for school environmental safety
461 incident reporting as required under s. 1006.07(9). The office
462 shall collect data through school environmental safety incident
463 reports on incidents involving any person which occur on school
464 premises, on school transportation, and at off-campus, school
465 sponsored events. The office shall review and evaluate school
466 district reports to ensure compliance with reporting
467 requirements. Upon notification by the department that a
468 superintendent has failed to comply with the requirements of s.
469 1006.07(9), the district school board shall withhold further
470 payment of his or her salary as authorized under s.
471 1001.42(13)(b) and impose other appropriate sanctions that the
472 commissioner or state board by law may impose.
473 (7) Data that is exempt or confidential and exempt from
474 public records requirements retains its exempt or confidential
475 and exempt status when incorporated into the centralized
476 integrated data repository.
477 (8) To maintain the confidentiality requirements attached
478 to the information provided to the centralized integrated data
479 repository by the various state and local agencies, data
480 governance and security shall ensure compliance with all
481 applicable state and federal data privacy requirements through
482 the use of user authorization and role-based security, data
483 anonymization and aggregation and auditing capabilities.
484 (9) To maintain the confidentiality requirements attached
485 to the information provided to the centralized integrated data
486 repository by the various state and local agencies, each source
487 agency providing data for the repository shall be the sole
488 custodian of the data for the purpose of any request for
489 inspection or copies thereof under chapter 119. The department
490 shall only allow access to data from the source agencies in
491 accordance with rules adopted by the respective source agencies.
492 (9) (10) Award grants to schools to improve the safety and
493 security of school buildings based upon recommendations of the
494 security risk assessment developed pursuant to subsection (1).
495 (10) (11) Disseminate, in consultation with the Department
496 of Law Enforcement, to participating schools awareness and
497 education materials on the School Safety Awareness Program
498 developed pursuant to s. 943.082.
499 (11)(a) Convene a School Hardening and Harm Mitigation
500 Workgroup composed of individuals with subject matter expertise
501 on school campus hardening best practices. The workgroup shall
502 meet as necessary to review school hardening and harm mitigation
503 policies, including, but not limited to, the target hardening
504 practices implemented in other states; the school safety
505 guidelines developed by organizations such as the Partner
506 Alliance for Safer Schools; the tiered approach to target campus
507 hardening strategies identified in the initial report submitted
508 by the Marjory Stoneman Douglas High School Public Safety
509 Commission pursuant to s. 943.687(9); and the Florida Building
510 Code for educational facilities construction to determine
511 whether the building code may need to be modified to strengthen
512 school safety and security. Based on this review of school
513 safety best practices, by August 1, 2020, the workgroup shall
514 submit a report to the executive director of the office which
515 includes, at a minimum, a prioritized list for the
516 implementation of school campus hardening and harm mitigation
517 strategies and the estimated costs of and timeframes for
518 implementation of the strategies by school districts and charter
519 schools. The estimated costs must include regional and statewide
520 projections of the implementation costs.
521 (b) Submit to the commissioner:
522 1. The workgroup’s report pursuant to paragraph (a); and
523 2. Recommendations regarding procedures for the office to
524 use to monitor and enforce compliance by the school districts
525 and charter schools in the implementation of the workgroup’s
526 recommended campus hardening and harm mitigation strategies.
528 This subsection is repealed June 30, 2023.
529 (12) By August 1, 2019, develop a standardized, statewide
530 behavioral threat assessment instrument for use by all public
531 schools, including charter schools, which addresses early
532 identification, evaluation, early intervention, and student
534 (a) The standardized, statewide behavioral threat
535 assessment instrument must include, but need not be limited to,
536 components and forms that address:
537 1. An assessment of the threat, which includes an
538 assessment of the student, family, and school and social
540 2. An evaluation to determine if the threat is transient or
542 3. The response to a substantive threat, which includes the
543 school response and the role of law enforcement agencies.
544 4. The response to a serious substantive threat, including
545 mental health and law enforcement referrals.
546 5. Ongoing monitoring to assess implementation of safety
548 6. Training for members of threat assessment teams
549 established under s. 1006.07(7) and school administrators
550 regarding the use of the instrument.
551 (b) The office shall:
552 1. By August 1, 2020, evaluate each school district’s and
553 charter school governing board’s behavioral threat assessment
554 procedures for compliance with this subsection.
555 2. Notify the district school superintendent or charter
556 school governing board, as applicable, if the behavioral threat
557 assessment is not in compliance with this subsection.
558 3. Report any issues of ongoing noncompliance with this
559 subsection to the commissioner and the district school
560 superintendent or the charter school governing board, as
562 (13) Establish the Statewide Threat Assessment Database
563 Workgroup, composed of members appointed by the department, to
564 complement the work of the department and the Department of Law
565 Enforcement associated with the centralized integrated data
566 repository and data analytics resources initiative and make
567 recommendations regarding the development of a statewide threat
568 assessment database. The database must allow authorized public
569 school personnel to enter information related to any threat
570 assessment conducted at their respective schools using the
571 instrument developed by the office pursuant to subsection (12),
572 and must provide such information to authorized personnel in
573 each school district and public school and to appropriate
574 stakeholders. By December 31, 2019, the workgroup shall provide
575 a report to the office with recommendations that include, but
576 need not be limited to:
577 (a) Threat assessment data that should be required to be
578 entered into the database.
579 (b) School district and public school personnel who should
580 be allowed to input student records to the database and view
581 such records.
582 (c) Database design and functionality, to include data
584 (d) Restrictions and authorities on information sharing,
586 1. Section 1002.22 and other applicable state laws.
587 2. The Family Educational Rights and Privacy Act (FERPA),
588 20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
589 Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
590 45 C.F.R. part 164, subpart E; and other applicable federal
592 3. The appropriateness of interagency agreements that will
593 allow law enforcement to view database records.
594 (e) The cost to develop and maintain a statewide online
596 (f) An implementation plan and timeline for the workgroup
598 (14) Monitor compliance with requirements relating to
599 school safety by school districts and public schools, including
600 charter schools. The office shall report incidents of
601 noncompliance to the commissioner pursuant to s. 1001.11(9) and
602 the state board pursuant to s. 1008.32 and other requirements of
603 law, as appropriate.
604 (15) Annually publish a list detailing the total number of
605 safe-school officers in this state, the total number of safe
606 school officers disciplined or relieved of their duties because
607 of misconduct in the previous year, the total number of
608 disciplinary incidents involving safe-school officers, and the
609 number of incidents in which a safe-school officer discharged
610 his or her firearm outside of a training situation or in the
611 exercise of his or her duties as a safe-school officer.
612 Section 8. Paragraph (b) of subsection (16) of section
613 1002.33, Florida Statutes, is amended to read:
614 1002.33 Charter schools.—
615 (16) EXEMPTION FROM STATUTES.—
616 (b) Additionally, a charter school shall be in compliance
617 with the following statutes:
618 1. Section 286.011, relating to public meetings and
619 records, public inspection, and criminal and civil penalties.
620 2. Chapter 119, relating to public records.
621 3. Section 1003.03, relating to the maximum class size,
622 except that the calculation for compliance pursuant to s.
623 1003.03 shall be the average at the school level.
624 4. Section 1012.22(1)(c), relating to compensation and
625 salary schedules.
626 5. Section 1012.33(5), relating to workforce reductions.
627 6. Section 1012.335, relating to contracts with
628 instructional personnel hired on or after July 1, 2011.
629 7. Section 1012.34, relating to the substantive
630 requirements for performance evaluations for instructional
631 personnel and school administrators.
632 8. Section 1006.12, relating to safe-school officers.
633 9. Section 1006.07(7), relating to threat assessment teams.
634 10. Section 1006.07(9), relating to School Environmental
635 Safety Incident Reporting.
636 11. Section 1006.1493, relating to the Florida Safe Schools
637 Assessment Tool.
638 12. Section 1006.07(6)(c), relating to adopting an active
639 assailant response plan.
640 13. Section 943.082(4)(b), relating to the mobile
641 suspicious activity reporting tool.
642 14. Section 1012.584, relating to youth mental health
643 awareness and assistance training.
644 Section 9. Subsection (2) of section 1003.25, Florida
645 Statutes, is amended to read:
646 1003.25 Procedures for maintenance and transfer of student
648 (2) The procedure for transferring and maintaining records
649 of students who transfer from school to school shall be
650 prescribed by rules of the State Board of Education. The
651 transfer of records shall occur within 3 school days. The
652 records shall include:
653 (a) Verified reports of serious or recurrent behavior
654 patterns, including threat assessment evaluations and
655 intervention services.
656 (b) Psychological evaluations, including therapeutic
657 treatment plans and therapy or progress notes created or
658 maintained by school district or charter school staff, as
660 Section 10. Paragraph (b) of subsection (1), paragraph (a)
661 of subsection (4), and subsections (6) and (7) of section
662 1006.07, Florida Statutes, are amended, and subsection (9) is
663 added to that section, to read:
664 1006.07 District school board duties relating to student
665 discipline and school safety.—The district school board shall
666 provide for the proper accounting for all students, for the
667 attendance and control of students at school, and for proper
668 attention to health, safety, and other matters relating to the
669 welfare of students, including:
670 (1) CONTROL OF STUDENTS.—
671 (b) Require each student at the time of initial
672 registration for school in the school district to note previous
673 school expulsions, arrests resulting in a charge, juvenile
674 justice actions, and any corresponding referral referrals to
675 mental health services by the school district the student has
676 had, and have the authority as the district school board of a
677 receiving school district to honor the final order of expulsion
678 or dismissal of a student by any in-state or out-of-state public
679 district school board or private school, or lab school, for an
680 act which would have been grounds for expulsion according to the
681 receiving district school board’s code of student conduct, in
682 accordance with the following procedures:
683 1. A final order of expulsion shall be recorded in the
684 records of the receiving school district.
685 2. The expelled student applying for admission to the
686 receiving school district shall be advised of the final order of
688 3. The district school superintendent of the receiving
689 school district may recommend to the district school board that
690 the final order of expulsion be waived and the student be
691 admitted to the school district, or that the final order of
692 expulsion be honored and the student not be admitted to the
693 school district. If the student is admitted by the district
694 school board, with or without the recommendation of the district
695 school superintendent, the student may be placed in an
696 appropriate educational program and referred to mental health
697 services identified by the school district pursuant to s.
698 1012.584(4), when appropriate, at the direction of the district
699 school board.
700 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
701 (a) Formulate and prescribe policies and procedures, in
702 consultation with the appropriate public safety agencies, for
703 emergency drills and for actual emergencies, including, but not
704 limited to, fires, natural disasters, active shooter and hostage
705 situations, and bomb threats, for all students and faculty at
706 all public schools of the district comprised of grades K-12.
707 Drills for active shooter and hostage situations shall be
708 conducted in accordance with developmentally appropriate and
709 age-appropriate procedures at least as often as other emergency
710 drills. District school board policies shall include commonly
711 used alarm system responses for specific types of emergencies
712 and verification by each school that drills have been provided
713 as required by law and fire protection codes. The emergency
714 response policy shall identify the individuals responsible for
715 contacting the primary emergency response agency and the
716 emergency response agency that is responsible for notifying the
717 school district for each type of emergency.
718 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
719 school superintendent shall establish policies and procedures
720 for the prevention of violence on school grounds, including the
721 assessment of and intervention with individuals whose behavior
722 poses a threat to the safety of the school community.
723 (a) Each district school superintendent shall designate a
724 school administrator as a school safety specialist for the
725 district. The school safety specialist must be a school
726 administrator employed by the school district or a law
727 enforcement officer employed by the sheriff’s office located in
728 the school district. Any school safety specialist designated
729 from the sheriff’s office must first be authorized and approved
730 by the sheriff employing the law enforcement officer. Any school
731 safety specialist designated from the sheriff’s office remains
732 the employee of the office for purposes of compensation,
733 insurance, workers’ compensation, and other benefits authorized
734 by law for a law enforcement officer employed by the sheriff’s
735 office. The sheriff and the school superintendent may determine
736 by agreement the reimbursement for such costs, or may share the
737 costs, associated with employment of the law enforcement officer
738 as a school safety specialist. The school safety specialist must
739 earn a certificate of completion of the school safety specialist
740 training provided by the Office of Safe Schools within 1 year
741 after appointment and is responsible for the supervision and
742 oversight for all school safety and security personnel,
743 policies, and procedures in the school district. The school
744 safety specialist shall:
745 1. Review school district policies and procedures for
746 compliance with state law and rules, including the district’s
747 timely and accurate submission of school environmental safety
748 incident reports to the department pursuant to s. 1001.212(8).
749 2. Provide the necessary training and resources to students
750 and school district staff in matters relating to youth mental
751 health awareness and assistance; emergency procedures, including
752 active shooter training; and school safety and security.
753 3. Serve as the school district liaison with local public
754 safety agencies and national, state, and community agencies and
755 organizations in matters of school safety and security.
756 4. In collaboration with the appropriate public safety
757 agencies, as that term is defined in s. 365.171, by October 1 of
758 each year, conduct a school security risk assessment in
759 accordance with s. 1006.1493 at each public school using the
760 Florida Safe Schools Assessment Tool school security risk
761 assessment tool developed by the Office of Safe Schools pursuant
762 to s. 1006.1493. Based on the assessment findings, the
763 district’s school safety specialist shall provide
764 recommendations to the district school superintendent and the
765 district school board which identify strategies and activities
766 that the district school board should implement in order to
767 address the findings and improve school safety and security.
768 Annually, Each district school board must receive such findings
769 and the school safety specialist’s recommendations at a publicly
770 noticed district school board meeting to provide the public an
771 opportunity to hear the district school board members discuss
772 and take action on the findings and recommendations. Each school
773 safety specialist shall report such findings and school board
774 action to the Office of Safe Schools within 30 days after the
775 district school board meeting.
776 (b) Each school safety specialist shall coordinate with the
777 appropriate public safety agencies, as defined in s. 365.171,
778 that are designated as first responders to a school’s campus to
779 conduct a tour of such campus once every 3 years and provide
780 recommendations related to school safety. The recommendations by
781 the public safety agencies must be considered as part of the
782 recommendations by the school safety specialist pursuant to
783 paragraph (a).
784 (c) Each district school board and charter school governing
785 board must adopt an active assailant response plan. By October
786 1, 2019, and annually thereafter, each district school
787 superintendent and charter school principal shall certify that
788 all school personnel have received annual training on the
789 procedures contained in the active assailant response plan for
790 the applicable school district or charter school.
791 (7) THREAT ASSESSMENT TEAMS.—Each district school board
792 shall adopt policies for the establishment of threat assessment
793 teams at each school whose duties include the coordination of
794 resources and assessment and intervention with individuals whose
795 behavior may pose a threat to the safety of school staff or
796 students consistent with the model policies developed by the
797 Office of Safe Schools. Such policies must shall include
798 procedures for referrals to mental health services identified by
799 the school district pursuant to s. 1012.584(4), when
800 appropriate, and procedures for behavioral threat assessments in
801 compliance with the instrument developed pursuant to s.
803 (a) A threat assessment team shall include persons with
804 expertise in counseling, instruction, school administration, and
805 law enforcement. The threat assessment teams shall identify
806 members of the school community to whom threatening behavior
807 should be reported and provide guidance to students, faculty,
808 and staff regarding recognition of threatening or aberrant
809 behavior that may represent a threat to the community, school,
810 or self. Upon the availability of the behavioral threat
811 assessment instrument developed pursuant to s. 1001.212(12), the
812 threat assessment team shall use that instrument.
813 (b) Upon a preliminary determination that a student poses a
814 threat of violence or physical harm to himself or herself or
815 others, a threat assessment team shall immediately report its
816 determination to the superintendent or his or her designee. The
817 superintendent or his or her designee shall immediately attempt
818 to notify the student’s parent or legal guardian. Nothing in
819 this subsection shall preclude school district personnel from
820 acting immediately to address an imminent threat.
821 (c) Upon a preliminary determination by the threat
822 assessment team that a student poses a threat of violence to
823 himself or herself or others or exhibits significantly
824 disruptive behavior or need for assistance, authorized members
825 of the threat assessment team may obtain criminal history record
826 information pursuant to s. 985.04(1) , as provided in s. 985.047.
827 A member of a threat assessment team may not disclose any
828 criminal history record information obtained pursuant to this
829 section or otherwise use any record of an individual beyond the
830 purpose for which such disclosure was made to the threat
831 assessment team.
832 (d) Notwithstanding any other provision of law, all state
833 and local agencies and programs that provide services to
834 students experiencing or at risk of an emotional disturbance or
835 a mental illness, including the school districts, school
836 personnel, state and local law enforcement agencies, the
837 Department of Juvenile Justice, the Department of Children and
838 Families, the Department of Health, the Agency for Health Care
839 Administration, the Agency for Persons with Disabilities, the
840 Department of Education, the Statewide Guardian Ad Litem Office,
841 and any service or support provider contracting with such
842 agencies, may share with each other records or information that
843 are confidential or exempt from disclosure under chapter 119 if
844 the records or information are reasonably necessary to ensure
845 access to appropriate services for the student or to ensure the
846 safety of the student or others. All such state and local
847 agencies and programs shall communicate, collaborate, and
848 coordinate efforts to serve such students.
849 (e) If an immediate mental health or substance abuse crisis
850 is suspected, school personnel shall follow policies established
851 by the threat assessment team to engage behavioral health crisis
852 resources. Behavioral health crisis resources, including, but
853 not limited to, mobile crisis teams and school resource officers
854 trained in crisis intervention, shall provide emergency
855 intervention and assessment, make recommendations, and refer the
856 student for appropriate services. Onsite school personnel shall
857 report all such situations and actions taken to the threat
858 assessment team, which shall contact the other agencies involved
859 with the student and any known service providers to share
860 information and coordinate any necessary followup actions. Upon
861 the student’s transfer to a different school, the threat
862 assessment team shall verify that any intervention services
863 provided to the student remain in place until the threat
864 assessment team of the receiving school independently determines
865 the need for intervention services.
866 (f) Each threat assessment team established pursuant to
867 this subsection shall report quantitative data on its activities
868 to the Office of Safe Schools in accordance with guidance from
869 the office and shall utilize the threat assessment database
870 developed pursuant to s. 1001.212(13) upon the availability of
871 the database.
872 (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
873 district school board shall adopt policies to ensure the
874 accurate and timely reporting of incidents related to school
875 safety and discipline. The district school superintendent is
876 responsible for school environmental safety incident reporting.
877 A district school superintendent who fails to comply with this
878 subsection is subject to the penalties specified in law,
879 including, but not limited to, s. 1001.42(13)(b) or s.
880 1001.51(12)(b), as applicable. The State Board of Education
881 shall adopt rules establishing the requirements for the school
882 environmental safety incident report.
883 Section 11. Section 1006.12, Florida Statutes, is amended
884 to read:
885 1006.12 Safe-school officers at each public school.—For the
886 protection and safety of school personnel, property, students,
887 and visitors, each district school board and school district
888 superintendent shall partner with law enforcement agencies or
889 security agencies to establish or assign one or more safe-school
890 officers at each school facility within the district, including
891 charter schools. A district school board must collaborate with
892 charter school governing boards to facilitate charter school
893 access to all safe-school officer options available under this
894 section. The school district may implement by implementing any
895 combination of the following options in subsections (1)-(4) to
896 best meet which best meets the needs of the school district and
897 charter schools. :
898 (1) SCHOOL RESOURCE OFFICER.—A school district may
899 establish school resource officer programs , through a
900 cooperative agreement with law enforcement agencies.
901 (a) School resource officers shall undergo criminal
902 background checks, drug testing, and a psychological evaluation
903 and be certified law enforcement officers, as defined in s.
904 943.10(1), who are employed by a law enforcement agency as
905 defined in s. 943.10(4). The powers and duties of a law
906 enforcement officer shall continue throughout the employee’s
907 tenure as a school resource officer.
908 (b) School resource officers shall abide by district school
909 board policies and shall consult with and coordinate activities
910 through the school principal, but shall be responsible to the
911 law enforcement agency in all matters relating to employment,
912 subject to agreements between a district school board and a law
913 enforcement agency. Activities conducted by the school resource
914 officer which are part of the regular instructional program of
915 the school shall be under the direction of the school principal.
916 (c) Complete mental health crisis intervention training
917 using a curriculum developed by a national organization with
918 expertise in mental health crisis intervention. The training
919 shall improve officers’ knowledge and skills as first responders
920 to incidents involving students with emotional disturbance or
921 mental illness, including de-escalation skills to ensure student
922 and officer safety.
923 (2) SCHOOL SAFETY OFFICER.—A school district may commission
924 one or more school safety officers for the protection and safety
925 of school personnel, property, and students within the school
926 district. The district school superintendent may recommend, and
927 the district school board may appoint, one or more school safety
929 (a) School safety officers shall undergo criminal
930 background checks, drug testing, and a psychological evaluation
931 and be law enforcement officers, as defined in s. 943.10(1),
932 certified under the provisions of chapter 943 and employed by
933 either a law enforcement agency or by the district school board.
934 If the officer is employed by the district school board, the
935 district school board is the employing agency for purposes of
936 chapter 943, and must comply with the provisions of that
938 (b) A school safety officer has and shall exercise the
939 power to make arrests for violations of law on district school
940 board property and to arrest persons, whether on or off such
941 property, who violate any law on such property under the same
942 conditions that deputy sheriffs are authorized to make arrests.
943 A school safety officer has the authority to carry weapons when
944 performing his or her official duties.
945 (c) A district school board may enter into mutual aid
946 agreements with one or more law enforcement agencies as provided
947 in chapter 23. A school safety officer’s salary may be paid
948 jointly by the district school board and the law enforcement
949 agency, as mutually agreed to.
950 (3) SCHOOL GUARDIAN.—At the school district’s or the
951 charter school governing board’s discretion, as applicable,
952 pursuant to s. 30.15, a school district or charter school
953 governing board may participate in the Coach Aaron Feis Guardian
954 Program if such program is established pursuant to s. 30.15, to
955 meet the requirement of establishing a safe-school officer. The
956 following individuals may serve as a school guardian, in support
957 of school-sanctioned activities for purposes of s. 790.115, upon
958 satisfactory completion of the requirements under s. 30.15(1)(k)
959 and certification by a sheriff:
960 (a) A school district employee or personnel, as defined
961 under s. 1012.01, or a charter school employee, as provided
962 under s. 1002.33(12)(a), who volunteers to serve as a school
963 guardian in addition to his or her official job duties; or
964 (b) An employee of a school district or a charter school
965 who is hired for the specific purpose of serving as a school
967 (4) SCHOOL SECURITY GUARD.—A school district or charter
968 school governing board may contract with a security agency as
969 defined in s. 493.6101(18) to employ as a school security guard
970 an individual who holds a Class “D” and Class “G” license
971 pursuant to chapter 493, provided the following training and
972 contractual conditions are met:
973 (a) An individual who serves as a school security guard,
974 for purposes of satisfying the requirements of this section,
976 1. Demonstrate completion of 144 hours of required training
977 pursuant to s. 30.15(1)(k)2.
978 2. Pass a psychological evaluation administered by a
979 psychologist licensed under chapter 490 and designated by the
980 Department of Law Enforcement and submit the results of the
981 evaluation to the sheriff’s office, school district, or charter
982 school governing board, as applicable. The Department of Law
983 Enforcement is authorized to provide the sheriff’s office,
984 school district, or charter school governing board with mental
985 health and substance abuse data for compliance with this
987 3. Submit to and pass an initial drug test and subsequent
988 random drug tests in accordance with the requirements of s.
989 112.0455 and the sheriff’s office, school district, or charter
990 school governing board, as applicable.
991 4. Successfully complete ongoing training, weapon
992 inspection, and firearm qualification on at least an annual
993 basis and provide documentation to the sheriff’s office, school
994 district, or charter school governing board, as applicable.
995 (b) The contract between a security agency and a school
996 district or a charter school governing board regarding
997 requirements applicable to school security guards serving in the
998 capacity of a safe-school officer for purposes of satisfying the
999 requirements of this section shall define the entity or entities
1000 responsible for training and the responsibilities for
1001 maintaining records relating to training, inspection, and
1002 firearm qualification.
1003 (c) School security guards serving in the capacity of a
1004 safe-school officer pursuant to this subsection are in support
1005 of school-sanctioned activities for purposes of s. 790.115, and
1006 must aid in the prevention or abatement of active assailant
1007 incidents on school premises.
1008 (5) NOTIFICATION.—The school district shall notify the
1009 county sheriff and the Office of Safe Schools immediately after,
1010 but no later than 72 hours after:
1011 (a) A safe-school officer is dismissed for misconduct or is
1012 otherwise disciplined.
1013 (b) A safe-school officer discharges his or her firearm in
1014 the exercise of the safe-school officer’s duties, other than for
1015 training purposes.
1016 (6) (4) EXEMPTION.—Any information that would identify
1017 whether a particular individual has been appointed as a safe
1018 school officer pursuant to this section held by a law
1019 enforcement agency, school district, or charter school is exempt
1020 from s. 119.07(1) and s. 24(a), Art. I of the State
1021 Constitution. This subsection is subject to the Open Government
1022 Sunset Review Act in accordance with s. 119.15 and shall stand
1023 repealed on October 2, 2023, unless reviewed and saved from
1024 repeal through reenactment by the Legislature.
1026 If a district school board, through its adopted policies,
1027 procedures, or actions, denies a charter school access to any
1028 safe-school officer options pursuant to this section, the school
1029 district must assign a school resource officer or school safety
1030 officer to the charter school. Under such circumstances, the
1031 charter school’s share of the costs of the school resource
1032 officer or school safety officer may not exceed the safe school
1033 allocation funds provided to the charter school pursuant to s.
1034 1011.62(15) and shall be retained by the school district.
1035 Section 12. Subsection (1), paragraphs (a), (b), and (c) of
1036 subsection (2), and subsection (4) of section 1006.13, Florida
1037 Statutes, are amended to read:
1038 1006.13 Policy of zero tolerance for crime and
1040 (1) District school boards shall promote a safe and
1041 supportive learning environment in schools by protecting
1042 students and staff from conduct that poses a serious threat to
1043 school safety. A threat assessment team may use alternatives to
1044 expulsion or referral to law enforcement agencies to address
1045 disruptive behavior through restitution, civil citation, teen
1046 court, neighborhood restorative justice, or similar programs.
1047 Zero-tolerance policies may not be rigorously applied to petty
1048 acts of misconduct and misdemeanors, including, but not limited
1049 to, minor fights or disturbances. Zero-tolerance policies must
1050 apply equally to all students regardless of their economic
1051 status, race, or disability.
1052 (2) Each district school board shall adopt a policy of zero
1053 tolerance that:
1054 (a) Defines criteria for reporting to a law enforcement
1055 agency any act that poses a threat to school safety that occurs
1056 whenever or wherever students are within the jurisdiction of the
1057 district school board.
1058 (b) Defines acts that pose a serious threat to school
1060 (c) Defines petty acts of misconduct which are not a threat
1061 to school safety and do not require consultation with law
1063 (4)(a) Each district school board shall enter into
1064 agreements with the county sheriff’s office and local police
1065 department specifying guidelines for ensuring that acts that
1066 pose a serious threat to school safety, whether committed by a
1067 student or adult, are reported to a law enforcement agency.
1068 (b) The agreements must include the role of school resource
1069 officers, if applicable, in handling reported incidents ,
1070 circumstances in which school officials may handle incidents
1071 without filing a report with a law enforcement agency, and a
1072 procedure requiring for ensuring that school personnel to
1073 consult with school resource officers concerning properly report
1074 appropriate delinquent acts and crimes.
1075 (c) Zero-tolerance policies do not require the reporting of
1076 petty acts of misconduct and misdemeanors to a law enforcement
1077 agency, including, but not limited to, disorderly conduct,
1078 simple assault or battery, affray, theft of less than $300,
1079 trespassing, and vandalism of less than $1,000. However, if a
1080 student commits more than one misdemeanor, the threat assessment
1081 team must consult with law enforcement to determine if the act
1082 should be reported to law enforcement.
1083 (c) (d) The school principal shall notify ensure that all
1084 school personnel are properly informed as to their
1085 responsibilities regarding incident crime reporting, that
1086 appropriate delinquent acts which pose a threat to school safety
1087 and crimes are properly reported to the school principal, or his
1088 or her designee, and that the disposition of the incident is
1089 actions taken in cases with special circumstances are properly
1090 taken and documented.
1091 Section 13. Section 1006.1493, Florida Statutes, is amended
1092 to read:
1093 1006.1493 Florida Safe Schools Assessment Tool.—
1094 (1) The department, through the Office of Safe Schools
1095 pursuant s. 1001.212, shall contract with a security consulting
1096 firm that specializes in the development of risk assessment
1097 software solutions and has experience in conducting security
1098 assessments of public facilities to develop, update, and
1099 implement a risk assessment tool, which shall be known as the
1100 Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
1101 the primary physical site security assessment tool as revised
1102 and required by the Office of Safe Schools which is used by
1103 school officials at each school district and public school site
1104 in the state in conducting security assessments for use by
1105 school officials at each school district and public school site
1106 in the state.
1107 (2) The FSSAT must help school officials identify threats,
1108 vulnerabilities, and appropriate safety controls for the schools
1109 that they supervise, pursuant to the security risk assessment
1110 requirements of s. 1006.07(6).
1111 (a) At a minimum, the FSSAT must address all of the
1112 following components:
1113 1. School emergency and crisis preparedness planning;
1114 2. Security, crime, and violence prevention policies and
1116 3. Physical security measures;
1117 4. Professional development training needs;
1118 5. An examination of support service roles in school
1119 safety, security, and emergency planning;
1120 6. School security and school police staffing, operational
1121 practices, and related services;
1122 7. School and community collaboration on school safety; and
1123 8. A return on investment analysis of the recommended
1124 physical security controls.
1125 (b) The department shall require by contract that the
1126 security consulting firm:
1127 1. Generate written automated reports on assessment
1128 findings for review by the department and school and district
1130 2. Provide training to the department and school officials
1131 in the use of the FSSAT and other areas of importance identified
1132 by the department ; and
1133 3. Advise in the development and implementation of
1134 templates, formats, guidance, and other resources necessary to
1135 facilitate the implementation of this section at state,
1136 district, school, and local levels; and .
1137 4. Review recommendations of the School Hardening and Harm
1138 Mitigation Workgroup established under s. 1001.212(11) to
1139 address physical security measures identified by the FSSAT.
1140 (3) The Office of Safe Schools shall make the FSSAT
1141 available no later than May 1 of each year. The office must
1142 provide annual training to each district’s school safety
1143 specialist and other appropriate school district personnel on
1144 the assessment of physical site security and completing the
1146 (4) By December 1 of each year, By December 1, 2018, and
1147 annually by that date thereafter , the department shall must
1148 report to the Governor, the President of the Senate, and the
1149 Speaker of the House of Representatives on the status of
1150 implementation across school districts and schools. The report
1151 must include a summary of the positive school safety measures in
1152 place at the time of the assessment and any recommendations for
1153 policy changes or funding needed to facilitate continued school
1154 safety planning, improvement, and response at the state,
1155 district, or school levels.
1156 (5) (4) In accordance with ss. 119.071(3)(a) and 281.301,
1157 data and information related to security risk assessments
1158 administered pursuant to this section and s. 1006.07(6) and the
1159 security information contained in the annual report required
1160 pursuant to subsection (4) subsection (3) are confidential and
1161 exempt from public records requirements.
1162 Section 14. Subsection (15) of section 1011.62, Florida
1163 Statutes, is amended to read:
1164 1011.62 Funds for operation of schools.—If the annual
1165 allocation from the Florida Education Finance Program to each
1166 district for operation of schools is not determined in the
1167 annual appropriations act or the substantive bill implementing
1168 the annual appropriations act, it shall be determined as
1170 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
1171 created to provide funding to assist school districts in their
1172 compliance with ss. 1006.07-1006.12 s. 1006.07, with priority
1173 given to safe-school officers implementing the district’s school
1174 resource officer program pursuant to s. 1006.12. Each school
1175 district shall receive a minimum safe schools allocation in an
1176 amount provided in the General Appropriations Act. Of the
1177 remaining balance of the safe schools allocation, two-thirds
1178 shall be allocated to school districts based on the most recent
1179 official Florida Crime Index provided by the Department of Law
1180 Enforcement and one-third shall be allocated based on each
1181 school district’s proportionate share of the state’s total
1182 unweighted full-time equivalent student enrollment. Any
1183 additional funds appropriated to this allocation in the 2018
1184 2019 fiscal year must to the school resource officer program
1185 established pursuant to s. 1006.12 shall be used exclusively for
1186 employing or contracting for safe-school resource officers,
1187 established or assigned under s. 1006.12 which shall be in
1188 addition to the number of officers employed or contracted for in
1189 the 2017-2018 fiscal year. This subsection applies retroactively
1190 to July 1, 2018. The amendments to this subsection are intended
1191 to be clarifying and remedial in nature.
1192 Section 15. Effective July 1, 2019, paragraphs (b) and (c)
1193 of subsection (6), subsection (15), as amended by this act, and
1194 subsection (16) of section 1011.62, Florida Statutes, are
1195 amended to read:
1196 1011.62 Funds for operation of schools.—If the annual
1197 allocation from the Florida Education Finance Program to each
1198 district for operation of schools is not determined in the
1199 annual appropriations act or the substantive bill implementing
1200 the annual appropriations act, it shall be determined as
1202 (6) CATEGORICAL FUNDS.—
1203 (b) If a district school board finds and declares in a
1204 resolution adopted at a regular meeting of the school board that
1205 the funds received for any of the following categorical
1206 appropriations are urgently needed to maintain school board
1207 specified academic classroom instruction or improve school
1208 safety, the school board may consider and approve an amendment
1209 to the school district operating budget transferring the
1210 identified amount of the categorical funds to the appropriate
1211 account for expenditure:
1212 1. Funds for student transportation.
1213 2. Funds for research-based reading instruction if the
1214 required additional hour of instruction beyond the normal school
1215 day for each day of the entire school year has been provided for
1216 the students in each low-performing elementary school in the
1217 district pursuant to paragraph (9)(a).
1218 3. Funds for instructional materials if all instructional
1219 material purchases necessary to provide updated materials that
1220 are aligned with applicable state standards and course
1221 descriptions and that meet statutory requirements of content and
1222 learning have been completed for that fiscal year, but no sooner
1223 than March 1. Funds available after March 1 may be used to
1224 purchase hardware for student instruction.
1225 4. Funds for the guaranteed allocation as provided in
1226 subparagraph (1)(e)2.
1227 5. Funds for the supplemental academic instruction
1228 allocation as provided in paragraph (1)(f).
1229 6. Funds for the Florida digital classrooms allocation as
1230 provided in subsection (12).
1231 7. Funds for the federally connected student supplement as
1232 provided in subsection (13).
1233 8. Funds for class size reduction as provided in s.
1235 (c) Each district school board shall include in its annual
1236 financial report to the Department of Education the amount of
1237 funds the school board transferred from each of the categorical
1238 funds identified in this subsection and the specific academic
1239 classroom instruction or school safety need for which the
1240 transferred funds were expended. The Department of Education
1241 shall provide instructions and specify the format to be used in
1242 submitting this required information as a part of the district
1243 annual financial report. The Department of Education shall
1244 submit a report to the Legislature that identifies by district
1245 and by categorical fund the amount transferred and the specific
1246 academic classroom activity or school safety need for which the
1247 funds were expended.
1248 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
1249 created to provide funding to assist school districts in their
1250 compliance with ss. 1006.07-1006.12, with priority given to
1251 safe-school officers pursuant to s. 1006.12. Each school
1252 district shall receive a minimum safe schools allocation in an
1253 amount provided in the General Appropriations Act. Of the
1254 remaining balance of the safe schools allocation, one-third two
1255 thirds shall be allocated to school districts based on the most
1256 recent official Florida Crime Index provided by the Department
1257 of Law Enforcement and two-thirds one-third shall be allocated
1258 based on each school district’s proportionate share of the
1259 state’s total unweighted full-time equivalent student
1260 enrollment. Each school district must report to the Department
1261 of Education by October 15 that all public schools within the
1262 school district have completed the school security risk
1263 assessment using the Florida Safe Schools Assessment Tool
1264 developed pursuant to s. 1006.1493. If a district school board
1265 is required by s. 1006.12 to assign a school resource officer or
1266 school safety officer to a charter school, the charter school’s
1267 share of costs for such officer may not exceed the amount of
1268 funds allocated to the charter school under this subsection Any
1269 additional funds appropriated to this allocation in the 2018
1270 2019 fiscal year must be used exclusively for employing or
1271 contracting for safe- school officers, established or assigned
1272 under s. 1006.12. This subsection applies retroactively to July
1273 1, 2018. The amendments to this subsection are intended to be
1274 clarifying and remedial in nature.
1275 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
1276 assistance allocation is created to provide funding to assist
1277 school districts in establishing or expanding school-based
1278 mental health care; train educators and other school staff in
1279 detecting and responding to mental health issues; and connect
1280 children, youth, and families who may experience behavioral
1281 health issues with appropriate services. These funds shall be
1282 allocated annually in the General Appropriations Act or other
1283 law to each eligible school district. Each school district shall
1284 receive a minimum of $100,000, with the remaining balance
1285 allocated based on each school district’s proportionate share of
1286 the state’s total unweighted full-time equivalent student
1287 enrollment. Eligible Charter schools that submit a plan separate
1288 from the school district are entitled to a proportionate share
1289 of district funding. At least 90 percent of a district’s
1290 allocation must be expended on the elements specified in
1291 subparagraphs (b)1. and 2. The allocated funds may not supplant
1292 funds that are provided for this purpose from other operating
1293 funds and may not be used to increase salaries or provide
1294 bonuses. School districts are encouraged to maximize third-party
1295 third party health insurance benefits and Medicaid claiming for
1296 services, where appropriate.
1297 (a) Before the distribution of the allocation:
1298 1. The school district must develop and submit a detailed
1299 plan outlining the local program and planned expenditures to the
1300 district school board for approval. This plan must include all
1301 district schools, including charter schools, unless a charter
1302 school elects to submit a plan independently from the school
1303 district pursuant to subparagraph 2.
1304 2. A charter school may must develop and submit a detailed
1305 plan outlining the local program and planned expenditures to its
1306 governing body for approval. After the plan is approved by the
1307 governing body, it must be provided to the charter school’s
1309 (b) The plans required under paragraph (a) must be focused
1310 on a multi-tiered system of supports to deliver delivering
1311 evidence-based mental health care assessment, diagnosis,
1312 intervention, treatment, and recovery services to students with
1313 one or more mental health or co-occurring substance abuse
1314 diagnoses and to students at high risk of such diagnoses. The
1315 provision of these services must be coordinated with a student’s
1316 primary mental health care provider and with other mental health
1317 providers involved in the student’s care. At a minimum, the
1318 plans must treatment to children and include the following
1320 1. Direct employment of school-based mental health services
1321 providers to expand and enhance school-based student services
1322 and to reduce the ratio of students to staff in order to better
1323 align with nationally recommended ratio models. These providers
1324 include, but are not limited to, certified school counselors,
1325 school psychologists, school social workers, and other licensed
1326 mental health professionals. The plan also must identify
1327 strategies to increase the amount of time that school-based
1328 student services personnel spend providing direct services to
1329 students, which may include the review and revision of district
1330 staffing resource allocations based on school or student mental
1331 health assistance needs Provision of mental health assessment,
1332 diagnosis, intervention, treatment, and recovery services to
1333 students with one or more mental health or co-occurring
1334 substance abuse diagnoses and students at high risk of such
1336 2. Contracts or interagency agreements with one or more
1337 local community behavioral health providers or providers of
1338 Community Action Team services to provide a behavioral health
1339 staff presence and services at district schools. Services may
1340 include, but are not limited to, mental health screenings and
1341 assessments, individual counseling, family counseling, group
1342 counseling, psychiatric or psychological services, trauma
1343 informed care, mobile crisis services, and behavior
1344 modification. These behavioral health services may be provided
1345 on or off the school campus and may be supplemented by
1346 telehealth Coordination of such services with a student’s
1347 primary care provider and with other mental health providers
1348 involved in the student’s care.
1349 3. Policies and procedures, including contracts with
1350 service providers, which will ensure that students who are
1351 referred to a school-based or community-based mental health
1352 service provider for mental health screening for the
1353 identification of mental health concerns and ensure that the
1354 assessment of students at risk for mental health disorders
1355 occurs within 15 days of referral. School-based mental health
1356 services must be initiated within 15 days after identification
1357 and assessment, and support by community-based mental health
1358 service providers for students who are referred for community
1359 based mental health services must be initiated within 30 days
1360 after the school or district makes a referral Direct employment
1361 of such service providers, or a contract-based collaborative
1362 effort or partnership with one or more local community mental
1363 health programs, agencies, or providers.
1364 4. Strategies or programs to reduce the likelihood of at
1365 risk students developing social, emotional, or behavioral health
1366 problems, depression, anxiety disorders, suicidal tendencies, or
1367 substance use disorders.
1368 5. Strategies to improve the early identification of
1369 social, emotional, or behavioral problems or substance use
1370 disorders, to improve the provision of early intervention
1371 services, and to assist students in dealing with trauma and
1373 (c) School districts shall submit approved plans, including
1374 approved plans of each charter school in the district, to the
1375 commissioner by August 1 of each fiscal year.
1376 (d) Beginning September 30, 2019, and annually by September
1377 30 thereafter, each school district shall submit to the
1378 Department of Education a report on its program outcomes and
1379 expenditures for the previous fiscal year that, at a minimum,
1380 must include the number of each of the following:
1381 1. Students who receive screenings or assessments.
1382 2. Students who are referred to either school-based or
1383 community-based providers for services or assistance.
1384 3. Students who receive either school-based or community
1385 based interventions, services, or assistance.
1386 4. School-based and community-based mental health
1387 providers, including licensure type, paid for from funds
1388 provided through the allocation Direct employment service
1389 providers employed by each school district.
1390 5. Contract-based collaborative efforts or partnerships
1391 with community mental health programs, agencies, or providers.
1392 Section 16. For the purpose of incorporating the amendment
1393 made by this act to section 843.08, Florida Statutes, in a
1394 reference thereto, paragraph (b) of subsection (3) of section
1395 921.0022, Florida Statutes, is reenacted to read:
1396 921.0022 Criminal Punishment Code; offense severity ranking
1398 (3) OFFENSE SEVERITY RANKING CHART
1399 (b) LEVEL 2
1401 FloridaStatute FelonyDegree Description
1402 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
1403 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
1404 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
1405 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
1406 590.28(1) 3rd Intentional burning of lands.
1407 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
1408 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
1409 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
1410 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
1411 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
1412 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
1413 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
1414 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
1415 817.234(1)(a)2. 3rd False statement in support of insurance claim.
1416 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
1417 817.52(3) 3rd Failure to redeliver hired vehicle.
1418 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
1419 817.60(5) 3rd Dealing in credit cards of another.
1420 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
1421 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
1422 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
1423 831.01 3rd Forgery.
1424 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
1425 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
1426 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
1427 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
1428 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
1429 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
1430 843.08 3rd False personation.
1431 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
1432 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
1434 Section 17. The Legislature finds that a proper and
1435 legitimate state purpose is served when district school boards
1436 are afforded options for the provision of safe-school officers
1437 for the protection and safety of school personnel, property,
1438 students, and visitors. School guardians must be available to
1439 any district school board that chooses such an option.
1440 Therefore, the Legislature determines and declares that this act
1441 fulfills an important state interest.
1442 Section 18. Except as otherwise expressly provided in this
1443 act, this act shall take effect upon becoming a law.