Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. SB 1060
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/23/2014 11:11 AM       .                                

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