Florida Senate - 2014 SB 1060 By Senator Evers 2-00165A-14 20141060__ 1 A bill to be entitled 2 An act relating to the code of student conduct; 3 amending s. 1006.07, F.S.; providing that simulating a 4 firearm or weapon while playing or wearing certain 5 clothing or accessories is not grounds for 6 disciplinary action or referral to the criminal 7 justice or juvenile justice system; providing actions 8 that constitute simulating a firearm or weapon while 9 playing; providing criteria for determining whether 10 certain student conduct warrants disciplinary action; 11 providing criteria for determining appropriate 12 consequences for such conduct; providing an effective 13 date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (g) of subsection (2) of section 18 1006.07, Florida Statutes, is amended to read: 19 1006.07 District school board duties relating to student 20 discipline and school safety.—The district school board shall 21 provide for the proper accounting for all students, for the 22 attendance and control of students at school, and for proper 23 attention to health, safety, and other matters relating to the 24 welfare of students, including: 25 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student 26 conduct for elementary schools and a code of student conduct for 27 middle and high schools and distribute the appropriate code to 28 all teachers, school personnel, students, and parents, at the 29 beginning of every school year. Each code shall be organized and 30 written in language that is understandable to students and 31 parents and shall be discussed at the beginning of every school 32 year in student classes, school advisory council meetings, and 33 parent and teacher association or organization meetings. Each 34 code shall be based on the rules governing student conduct and 35 discipline adopted by the district school board and shall be 36 made available in the student handbook or similar publication. 37 Each code shall include, but is not limited to: 38 (g) Notice that the possession of a firearm or weapon as 39 defined in chapter 790 by any student while the student is on 40 school property or in attendance at a school function is grounds 41 for disciplinary action and may also result in criminal 42 prosecution. Simulating a firearm or weapon while playing or 43 wearing clothing or accessories that depict a firearm or weapon 44 or expressing an opinion regarding a right guaranteed by the 45 Second Amendment to the United States Constitution is not 46 grounds for disciplinary action or referral to the criminal 47 justice or juvenile justice system under this section or s. 48 1006.13. Simulating a firearm or weapon while playing includes, 49 but is not limited to: 50 1. Brandishing a partially consumed pastry or other food 51 item to simulate a firearm or weapon. 52 2. Possessing a toy firearm or weapon that is 2 inches or 53 less in overall length. 54 3. Possessing a toy firearm or weapon made of plastic snap 55 together building blocks. 56 4. Using a finger or hand to simulate a firearm or weapon. 57 5. Vocalizing sounds of an imaginary firearm or weapon. 58 6. Drawing a picture or possessing an image of a firearm or 59 weapon. 60 7. Using a pencil, pen, or other writing or drawing utensil 61 to simulate a firearm or weapon. 62 63 However, a student may be subject to disciplinary action if 64 simulating a firearm or weapon while playing substantially 65 disrupts student learning, causes bodily harm to another person, 66 or places another person in reasonable fear of bodily harm. The 67 severity of consequences imposed upon a student, including 68 referral to the criminal justice or juvenile justice system, 69 must be proportionate to the severity of the infraction and 70 consistent with district school board policies for similar 71 infractions. If a student is disciplined for such conduct, the 72 school principal or his or her designee must call the student’s 73 parent. Disciplinary action resulting from a student’s clothing 74 or accessories shall be determined pursuant to paragraph (d) 75 unless the wearing of the clothing or accessory causes a 76 substantial disruption to student learning, in which case the 77 infraction may be addressed in a manner that is consistent with 78 district school board policies for similar infractions. This 79 paragraph does not prohibit a public school from adopting a 80 school uniform policy. 81 Section 2. This act shall take effect upon becoming a law.