Florida Senate - 2012 SB 1886
By Senator Wise
5-01064A-12 20121886__
1 A bill to be entitled
2 An act relating to zero tolerance for crime and
3 victimization in schools; amending s. 1006.13, F.S.;
4 revising legislative intent to encourage schools to
5 address disruptive behavior through school offense
6 protocols; requiring that each district school board
7 adopt a policy for reporting to a law enforcement
8 agency acts that pose a serious threat to school
9 safety; requiring that acts that do not pose a serious
10 threat to school safety be handled within the school’s
11 disciplinary system; requiring that a child accused of
12 a misdemeanor offense not be arrested and formally
13 processed in the juvenile justice system; requiring
14 that minor incidents be diverted from the juvenile
15 justice system or handled within the school system’s
16 disciplinary system; requiring that each district
17 school board enter into an agreement with the county
18 sheriff’s office and local police department which
19 includes a role for school resource officers, if
20 applicable, to handle reported incidents that pose a
21 serious threat to school safety; requiring the school
22 principal to certify, in writing, when an arrest of a
23 student under the jurisdiction of the school board is
24 for an incident that is a serious threat to school
25 safety; requiring that, by a specified date and
26 annually thereafter, each school district provide its
27 policies related to zero tolerance for crime and
28 victimization to the Department of Education;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 1006.13, Florida Statutes, is amended to
34 read:
35 1006.13 Policy of zero tolerance for crime and
36 victimization.—
37 (1) It is the intent of the Legislature to promote a safe
38 and supportive learning environment in schools, to protect
39 students and staff from conduct that poses a serious threat to
40 school safety, and to encourage schools to use alternatives to
41 expulsion or referral to law enforcement agencies by addressing
42 disruptive behavior through restitution, civil citation, teen
43 court, neighborhood restorative justice, school offense
44 protocols, or similar programs. The Legislature finds that zero
45 tolerance policies are not intended to be rigorously applied to
46 petty acts of misconduct and misdemeanors, including, but not
47 limited to, minor fights or disturbances. The Legislature finds
48 that zero-tolerance policies must apply equally to all students
49 regardless of their economic status, race, or disability.
50 (2) Each district school board shall adopt a policy of zero
51 tolerance that:
52 (a) Defines criteria for reporting to a law enforcement
53 agency any act that occurs whenever or wherever students are
54 within the jurisdiction of the district school board and that
55 poses a serious threat to school safety. Acts that do not pose a
56 serious threat to school safety shall be handled within the
57 school’s disciplinary system.
58 (b) Defines acts that pose a serious threat to school
59 safety.
60 (c) Defines petty acts of misconduct.
61 (d) Provides that school officials shall not request a law
62 enforcement agency to respond to misdemeanors and petty acts of
63 misconduct. Such incidents shall be handled within the school
64 system’s discipline system.
65 (e)(d) Minimizes the victimization of students, staff, or
66 volunteers, including taking all steps necessary to protect the
67 victim of any violent crime from any further victimization.
68 (f)(e) Establishes a procedure that provides each student
69 with the opportunity for a review of the disciplinary action
70 imposed pursuant to s. 1006.07.
71 (3) Zero-tolerance policies must require students found to
72 have committed one of the following offenses to be expelled,
73 with or without continuing educational services, from the
74 student’s regular school for a period of not less than 1 full
75 year, and to be referred to the criminal justice or juvenile
76 justice system.
77 (a) Bringing a firearm or weapon, as defined in chapter
78 790, to school, to any school function, or onto any school
79 sponsored transportation or possessing a firearm at school.
80 (b) Making a threat or false report, as defined by ss.
81 790.162 and 790.163, respectively, involving school or school
82 personnel’s property, school transportation, or a school
83 sponsored activity.
84
85 District school boards may assign the student to a disciplinary
86 program for the purpose of continuing educational services
87 during the period of expulsion. District school superintendents
88 may consider the 1-year expulsion requirement on a case-by-case
89 basis and request the district school board to modify the
90 requirement by assigning the student to a disciplinary program
91 or second chance school if the request for modification is in
92 writing and it is determined to be in the best interest of the
93 student and the school system. If a student committing any of
94 the offenses in this subsection is a student who has a
95 disability, the district school board shall comply with
96 applicable State Board of Education rules.
97 (4)(a) Each district school board shall enter into
98 agreements with the county sheriff’s office and local police
99 department specifying guidelines for ensuring that acts that
100 pose a serious threat to school safety, whether committed by a
101 student or adult, are reported to a law enforcement agency.
102 (b) The agreements must include the role of school resource
103 officers, if applicable, in handling reported incidents that
104 pose a serious threat to school safety and, circumstances in
105 which school officials may handle all other incidents without
106 filing a report with a law enforcement agency, and a procedure
107 for ensuring that school personnel properly report appropriate
108 delinquent acts and crimes.
109 (c) Zero-tolerance policies do not require the reporting of
110 petty acts of misconduct and misdemeanors to a law enforcement
111 agency, including, but not limited to, disorderly conduct,
112 disrupting a school function, simple assault or battery, affray,
113 theft of less than $300, trespassing, and vandalism of less than
114 $1,000, and other misdemeanors.
115 (d) The school principal shall ensure that all school
116 personnel are properly informed as to their responsibilities
117 regarding crime reporting, that appropriate delinquent acts and
118 crimes are properly reported, and that actions taken in cases
119 with special circumstances are properly taken and documented. In
120 addition, the school principal shall certify, in writing, when
121 any arrest of a student under the jurisdiction of the school
122 board is for an incident that is a serious threat to school
123 safety.
124 (5) Notwithstanding any other provision of law, each
125 district school board shall adopt rules providing that any
126 student found to have committed any offense in s. 784.081(1),
127 (2), or (3) shall be expelled or placed in an alternative school
128 setting or other program, as appropriate. Upon being charged
129 with the offense, the student shall be removed from the
130 classroom immediately and placed in an alternative school
131 setting pending disposition.
132 (6)(a) Notwithstanding any provision of law prohibiting the
133 disclosure of the identity of a minor, whenever any student who
134 is attending a public school is adjudicated guilty of or
135 delinquent for, or is found to have committed, regardless of
136 whether adjudication is withheld, or pleads guilty or nolo
137 contendere to, a felony violation of:
138 1. Chapter 782, relating to homicide;
139 2. Chapter 784, relating to assault, battery, and culpable
140 negligence;
141 3. Chapter 787, relating to kidnapping, false imprisonment,
142 luring or enticing a child, and custody offenses;
143 4. Chapter 794, relating to sexual battery;
144 5. Chapter 800, relating to lewdness and indecent exposure;
145 6. Chapter 827, relating to abuse of children;
146 7. Section 812.13, relating to robbery;
147 8. Section 812.131, relating to robbery by sudden
148 snatching;
149 9. Section 812.133, relating to carjacking; or
150 10. Section 812.135, relating to home-invasion robbery,
151
152 and, before or at the time of such adjudication, withholding of
153 adjudication, or plea, the offender was attending a school
154 attended by the victim or a sibling of the victim of the
155 offense, the Department of Juvenile Justice shall notify the
156 appropriate district school board of the adjudication or plea,
157 the requirements in this paragraph, and whether the offender is
158 prohibited from attending that school or riding on a school bus
159 whenever the victim or a sibling of the victim is attending the
160 same school or riding on the same school bus, except as provided
161 pursuant to a written disposition order under s. 985.455(2).
162 Upon receipt of such notice, the district school board shall
163 take appropriate action to effectuate the provisions in
164 paragraph (b).
165 (b) Each district school board shall adopt a cooperative
166 agreement with the Department of Juvenile Justice which
167 establishes guidelines for ensuring that any no-contact no
168 contact order entered by a court is reported and enforced and
169 that all of the necessary steps are taken to protect the victim
170 of the offense. Any offender described in paragraph (a), who is
171 not exempted as provided in paragraph (a), may not attend any
172 school attended by the victim or a sibling of the victim of the
173 offense or ride on a school bus on which the victim or a sibling
174 of the victim is riding. The offender shall be permitted by the
175 district school board to attend another school within the
176 district in which the offender resides, only if the other school
177 is not attended by the victim or sibling of the victim of the
178 offense; or the offender may be permitted by another district
179 school board to attend a school in that district if the offender
180 is unable to attend any school in the district in which the
181 offender resides.
182 (c) If the offender is unable to attend any other school in
183 the district in which the offender resides and is prohibited
184 from attending a school in another school district, the district
185 school board in the school district in which the offender
186 resides shall take every reasonable precaution to keep the
187 offender separated from the victim while on school grounds or on
188 school transportation. The steps to be taken by a district
189 school board to keep the offender separated from the victim must
190 include, but are not limited to, in-school suspension of the
191 offender and the scheduling of classes, lunch, or other school
192 activities of the victim and the offender so as not to coincide.
193 (d) The offender, or the parents of the offender if the
194 offender is a juvenile, shall arrange and pay for transportation
195 associated with or required by the offender’s attending another
196 school or that would be required as a consequence of the
197 prohibition against riding on a school bus on which the victim
198 or a sibling of the victim is riding. However, the offender or
199 the parents of the offender may not be charged for existing
200 modes of transportation that can be used by the offender at no
201 additional cost to the district school board.
202 (7) Any disciplinary or prosecutorial action taken against
203 a student who violates a zero-tolerance policy must be based on
204 the particular circumstances of the student’s misconduct.
205 (8) School districts are encouraged to use alternatives to
206 expulsion or referral to law enforcement agencies unless the use
207 of such alternatives will pose a threat to school safety. By
208 September 1, 2013, and annually thereafter, each school district
209 shall provide its policy related to zero tolerance to the
210 department to ensure compliance.
211 Section 2. This act shall take effect July 1, 2012.