Florida Senate - 2020 SB 370 By Senator Cruz 18-00683A-20 2020370__ 1 A bill to be entitled 2 An act relating to safe-school officers; amending s. 3 1006.12, F.S.; requiring district school boards to 4 provide their approval before certain charter schools 5 employ school resource officers and school safety 6 officers; authorizing district school boards to 7 oversee and manage the employment of school resource 8 officers and school safety officers by charter schools 9 within the district; authorizing district school 10 boards to establish best practices for the employment 11 of school resource officers and school safety officers 12 by charter schools within the district; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 1006.12, Florida Statutes, is amended to 18 read: 19 1006.12 Safe-school officers at each public school.—For the 20 protection and safety of school personnel, property, students, 21 and visitors, each district school board and school district 22 superintendent shall partner with law enforcement agencies or 23 security agencies to establish or assign one or more safe-school 24 officers at each school facility within the district, including 25 charter schools. A district school board must collaborate with 26 charter school governing boards to facilitate charter school 27 access to all safe-school officer options available under this 28 section. The school district may implement any combination of 29 the options in subsections (1)-(4) to best meet the needs of the 30 school district and charter schools. Before a charter school 31 employs a school resource officer or a school safety officer, 32 the district school board of the district in which the charter 33 school is located must approve the employment of the school 34 resource officer or school safety officer. 35 (1) SCHOOL RESOURCE OFFICER.—A school district may 36 establish school resource officer programs through a cooperative 37 agreement with law enforcement agencies. 38 (a) School resource officers shall undergo criminal 39 background checks, drug testing, and a psychological evaluation 40 and be certified law enforcement officers, as defined in s. 41 943.10(1), who are employed by a law enforcement agency as 42 defined in s. 943.10(4). The powers and duties of a law 43 enforcement officer shall continue throughout the employee’s 44 tenure as a school resource officer. 45 (b) School resource officers shall abide by district school 46 board policies and shall consult with and coordinate activities 47 through the school principal, but shall be responsible to the 48 law enforcement agency in all matters relating to employment, 49 subject to agreements between a district school board and a law 50 enforcement agency. Activities conducted by the school resource 51 officer which are part of the regular instructional program of 52 the school shall be under the direction of the school principal. 53 (c) Complete mental health crisis intervention training 54 using a curriculum developed by a national organization with 55 expertise in mental health crisis intervention. The training 56 shall improve officers’ knowledge and skills as first responders 57 to incidents involving students with emotional disturbance or 58 mental illness, including de-escalation skills to ensure student 59 and officer safety. 60 (d) A district school board may oversee and manage the 61 employment of school resource officers by a charter school 62 within the district to ensure the charter school is in 63 compliance with state law and best practices. A district school 64 board may establish best practices for the employment of school 65 resource officers by charter schools within the district. 66 (2) SCHOOL SAFETY OFFICER.—A school district may commission 67 one or more school safety officers for the protection and safety 68 of school personnel, property, and students within the school 69 district. The district school superintendent may recommend, and 70 the district school board may appoint, one or more school safety 71 officers. 72 (a) School safety officers shall undergo criminal 73 background checks, drug testing, and a psychological evaluation 74 and be law enforcement officers, as defined in s. 943.10(1), 75 certified under the provisions of chapter 943 and employed by 76 either a law enforcement agency or by the district school board. 77 If the officer is employed by the district school board, the 78 district school board is the employing agency for purposes of 79 chapter 943, and must comply with the provisions of that 80 chapter. 81 (b) A school safety officer has and shall exercise the 82 power to make arrests for violations of law on district school 83 board property and to arrest persons, whether on or off such 84 property, who violate any law on such property under the same 85 conditions that deputy sheriffs are authorized to make arrests. 86 A school safety officer has the authority to carry weapons when 87 performing his or her official duties. 88 (c) A district school board may enter into mutual aid 89 agreements with one or more law enforcement agencies as provided 90 in chapter 23. A school safety officer’s salary may be paid 91 jointly by the district school board and the law enforcement 92 agency, as mutually agreed to. 93 (d) A district school board may oversee and manage the 94 employment of school safety officers by a charter school within 95 the district to ensure the charter school is in compliance with 96 state law and best practices. A district school board may 97 establish best practices for the employment of school safety 98 officers by charter schools within the district. 99 (3) SCHOOL GUARDIAN.—At the school district’s or the 100 charter school governing board’s discretion, as applicable, 101 pursuant to s. 30.15, a school district or charter school 102 governing board may participate in the Coach Aaron Feis Guardian 103 Program to meet the requirement of establishing a safe-school 104 officer. The following individuals may serve as a school 105 guardian, in support of school-sanctioned activities for 106 purposes of s. 790.115, upon satisfactory completion of the 107 requirements under s. 30.15(1)(k) and certification by a 108 sheriff: 109 (a) A school district employee or personnel, as defined 110 under s. 1012.01, or a charter school employee, as provided 111 under s. 1002.33(12)(a), who volunteers to serve as a school 112 guardian in addition to his or her official job duties; or 113 (b) An employee of a school district or a charter school 114 who is hired for the specific purpose of serving as a school 115 guardian. 116 (4) SCHOOL SECURITY GUARD.—A school district or charter 117 school governing board may contract with a security agency as 118 defined in s. 493.6101(18) to employ as a school security guard 119 an individual who holds a Class “D” and Class “G” license 120 pursuant to chapter 493, provided the following training and 121 contractual conditions are met: 122 (a) An individual who serves as a school security guard, 123 for purposes of satisfying the requirements of this section, 124 must: 125 1. Demonstrate completion of 144 hours of required training 126 pursuant to s. 30.15(1)(k)2. 127 2. Pass a psychological evaluation administered by a 128 psychologist licensed under chapter 490 and designated by the 129 Department of Law Enforcement and submit the results of the 130 evaluation to the sheriff’s office, school district, or charter 131 school governing board, as applicable. The Department of Law 132 Enforcement is authorized to provide the sheriff’s office, 133 school district, or charter school governing board with mental 134 health and substance abuse data for compliance with this 135 paragraph. 136 3. Submit to and pass an initial drug test and subsequent 137 random drug tests in accordance with the requirements of s. 138 112.0455 and the sheriff’s office, school district, or charter 139 school governing board, as applicable. 140 4. Successfully complete ongoing training, weapon 141 inspection, and firearm qualification on at least an annual 142 basis and provide documentation to the sheriff’s office, school 143 district, or charter school governing board, as applicable. 144 (b) The contract between a security agency and a school 145 district or a charter school governing board regarding 146 requirements applicable to school security guards serving in the 147 capacity of a safe-school officer for purposes of satisfying the 148 requirements of this section shall define the entity or entities 149 responsible for training and the responsibilities for 150 maintaining records relating to training, inspection, and 151 firearm qualification. 152 (c) School security guards serving in the capacity of a 153 safe-school officer pursuant to this subsection are in support 154 of school-sanctioned activities for purposes of s. 790.115, and 155 must aid in the prevention or abatement of active assailant 156 incidents on school premises. 157 (5) NOTIFICATION.—The school district shall notify the 158 county sheriff and the Office of Safe Schools immediately after, 159 but no later than 72 hours after: 160 (a) A safe-school officer is dismissed for misconduct or is 161 otherwise disciplined. 162 (b) A safe-school officer discharges his or her firearm in 163 the exercise of the safe-school officer’s duties, other than for 164 training purposes. 165 (6) EXEMPTION.—Any information that would identify whether 166 a particular individual has been appointed as a safe-school 167 officer pursuant to this section held by a law enforcement 168 agency, school district, or charter school is exempt from s. 169 119.07(1) and s. 24(a), Art. I of the State Constitution. This 170 subsection is subject to the Open Government Sunset Review Act 171 in accordance with s. 119.15 and shall stand repealed on October 172 2, 2023, unless reviewed and saved from repeal through 173 reenactment by the Legislature. 174 175 If a district school board, through its adopted policies, 176 procedures, or actions, denies a charter school access to any 177 safe-school officer options pursuant to this section, the school 178 district must assign a school resource officer or school safety 179 officer to the charter school. Under such circumstances, the 180 charter school’s share of the costs of the school resource 181 officer or school safety officer may not exceed the safe school 182 allocation funds provided to the charter school pursuant to s. 183 1011.62(15) and shall be retained by the school district. 184 Section 2. This act shall take effect July 1, 2020.