Florida Senate - 2019                             CS for SB 7030
       By the Committees on Infrastructure and Security; and Education
       596-03526-19                                          20197030c1
    1                        A bill to be entitled                      
    2         An act relating to school safety and security;
    3         amending s. 30.15, F.S.; requiring a sheriff to
    4         establish a school guardian program under a certain
    5         condition; removing the prohibition against classroom
    6         teachers serving as school guardians; prohibiting
    7         individuals from serving as school guardians unless
    8         they are appointed by a superintendent; amending s.
    9         843.08, F.S.; adding school guardians to the list of
   10         officials the false personation of whom is prohibited
   11         and subject to criminal penalties; making technical
   12         changes; amending s. 943.082, F.S.; requiring school
   13         districts to promote a mobile suspicious activity
   14         reporting tool through specified mediums; amending s.
   15         1001.10, F.S.; requiring the Commissioner of Education
   16         to review recommendations from the School Hardening
   17         and Harm Mitigation Workgroup; requiring the
   18         commissioner to submit a summary to the Governor and
   19         the Legislature by a specified date; providing
   20         requirements for the summary; amending s. 1001.11,
   21         F.S.; revising the duties of the commissioner to
   22         include oversight of compliance with the safety and
   23         security requirements of the Marjory Stoneman Douglas
   24         High School Public Safety Act by specified persons and
   25         entities; amending s. 1001.212, F.S.; requiring the
   26         Office of Safe Schools to annually provide training
   27         for specified personnel; requiring the office to
   28         convene a School Hardening and Harm Mitigation
   29         Workgroup; providing for membership and duties of the
   30         workgroup; requiring the workgroup to submit a report
   31         and recommendations to the commissioner; requiring the
   32         office to provide technical assistance for school
   33         safety incident reporting; requiring the office to
   34         review and evaluate school district reports for
   35         compliance; requiring a district school board to
   36         withhold a superintendent’s salary in response to the
   37         superintendent’s noncompliance; requiring the office
   38         to develop a behavioral threat assessment instrument;
   39         providing requirements for the instrument; requiring
   40         the office to establish the Statewide Threat
   41         Assessment Database Workgroup to make certain
   42         recommendations relating to a statewide threat
   43         assessment database; providing requirements for the
   44         database; requiring the workgroup to report
   45         recommendations to the office by a specified date;
   46         providing requirements for such recommendations;
   47         requiring the office to monitor school district and
   48         public school, including charter schools, compliance
   49         with requirements relating to school safety; requiring
   50         the office to review and approve district school board
   51         and charter school active assailant policies and
   52         report deficiencies; amending s. 1002.33, F.S.;
   53         requiring a charter school to comply with specified
   54         provisions; amending s. 1006.04, F.S.; establishing
   55         timeframes within which students with mental,
   56         emotional, or behavioral disorders must be referred
   57         for services; amending s. 1006.07, F.S.; requiring
   58         that a school safety specialist be a school
   59         administrator employed by the school district or a law
   60         enforcement officer employed by the sheriff’s office
   61         located in the school district; providing requirements
   62         for a school safety specialist designated from a
   63         sheriff’s office; providing that a school safety
   64         specialist designated from a sheriff’s office remains
   65         an employee of such office for certain purposes;
   66         authorizing the sheriff and school superintendent to
   67         determine by agreement the reimbursement of or sharing
   68         of costs associated with employment of the law
   69         enforcement officer as a school safety specialist;
   70         requiring district school boards to adopt and submit
   71         to the office an active assailant response policy;
   72         requiring that the policy be recommended by the
   73         district superintendent; requiring that any school
   74         specific modifications to the policy be approved by
   75         the district superintendents; requiring that certain
   76         policies adopted by school districts include
   77         procedures for behavioral threat assessments;
   78         requiring threat assessment teams to utilize the
   79         behavioral threat assessment instrument and the threat
   80         assessment database developed by the office when they
   81         become available; requiring district school boards to
   82         adopt policies for accurate and timely reporting of
   83         school environmental safety incidents; providing
   84         penalties for noncompliance with such policies;
   85         requiring the State Board of Education to adopt by
   86         rule requirements for school environmental safety
   87         incident reports; amending s. 1006.12, F.S.; requiring
   88         a charter school governing board to partner with law
   89         enforcement agencies to establish or assign a safe
   90         school officer; expanding the categories of
   91         individuals who may serve as school guardians;
   92         amending s. 1006.1493, F.S.; requiring the Florida
   93         Safe Schools Assessment Tool (FSSAT) to be the primary
   94         site security assessment tool for school districts;
   95         requiring the office to provide FSSAT training;
   96         requiring the superintendent to certify FSSAT
   97         assessments within a certain timeframe; providing
   98         penalties for failure to comply with requirements;
   99         deleting obsolete language; amending s. 1011.62, F.S.;
  100         modifying the required use of funds in the safe
  101         schools allocation; providing for retroactive
  102         application; providing legislative intent; expanding,
  103         as of a specified date, the categorical fund that may
  104         be accessed to improve classroom instruction or
  105         improve school safety; deleting obsolete language;
  106         reenacting s. 921.0022(3)(b), F.S., relating to the
  107         offense severity ranking chart of the Criminal
  108         Punishment Code, to incorporate the amendment made to
  109         s. 843.08, F.S., in a reference thereto; providing a
  110         declaration of important state interest; providing an
  111         effective date.
  113  Be It Enacted by the Legislature of the State of Florida:
  115         Section 1. Paragraph (k) of subsection (1) of section
  116  30.15, Florida Statutes, is amended to read
  117         30.15 Powers, duties, and obligations.—
  118         (1) Sheriffs, in their respective counties, in person or by
  119  deputy, shall:
  120         (k) Establish, if the sheriff so chooses, a Coach Aaron
  121  Feis Guardian Program to aid in the prevention or abatement of
  122  active assailant incidents on school premises. However, if a
  123  local school board has voted by a majority to implement such a
  124  program, the sheriff in that county shall establish a program. A
  125  school guardian may not has no authority to act in any law
  126  enforcement capacity except to the extent necessary to prevent
  127  or abate an active assailant incident on a school premises. A
  128  Excluded from participating in the Coach Aaron Feis Guardian
  129  Program are individuals who exclusively perform classroom duties
  130  as classroom teachers as defined in s. 1012.01(2)(a). This
  131  limitation does not apply to classroom teachers of a Junior
  132  Reserve Officers’ Training Corps program, a current
  133  servicemember, as defined in s. 250.01, or a current or former
  134  law enforcement officer, as defined in s. 943.10(1), (6), or
  135  (8). The sheriff who establishes a chooses to establish the
  136  program shall certify appoint as school guardians, without the
  137  power of arrest, school employees or contract employees, as
  138  specified in s. 1006.12(3), who volunteer and who:
  139         1. Hold a valid license issued under s. 790.06.
  140         2. Complete 132 total hours of comprehensive firearm safety
  141  and proficiency training conducted by Criminal Justice Standards
  142  and Training Commission-certified instructors, which must
  143  include:
  144         a. Eighty hours of firearms instruction based on the
  145  Criminal Justice Standards and Training Commission’s Law
  146  Enforcement Academy training model, which must include at least
  147  10 percent but no more than 20 percent more rounds fired than
  148  associated with academy training. Program participants must
  149  achieve an 85 percent pass rate on the firearms training.
  150         b. Sixteen hours of instruction in precision pistol.
  151         c. Eight hours of discretionary shooting instruction using
  152  state-of-the-art simulator exercises.
  153         d. Eight hours of instruction in active shooter or
  154  assailant scenarios.
  155         e. Eight hours of instruction in defensive tactics.
  156         f. Twelve hours of instruction in legal issues.
  157         3. Pass a psychological evaluation administered by a
  158  psychologist licensed under chapter 490 and designated by the
  159  Department of Law Enforcement and submit the results of the
  160  evaluation to the sheriff’s office. The Department of Law
  161  Enforcement is authorized to provide the sheriff’s office with
  162  mental health and substance abuse data for compliance with this
  163  paragraph.
  164         4. Submit to and pass an initial drug test and subsequent
  165  random drug tests in accordance with the requirements of s.
  166  112.0455 and the sheriff’s office.
  167         5. Successfully complete ongoing training, weapon
  168  inspection, and firearm qualification on at least an annual
  169  basis.
  170         6. Successfully complete at least 12 hours of a certified
  171  nationally recognized diversity training program.
  173  The sheriff shall issue a school guardian certificate to
  174  individuals who meet the requirements of this paragraph and
  175  subparagraph 2. The sheriff shall maintain documentation of
  176  weapon and equipment inspections, as well as the training,
  177  certification, inspection, and qualification records of each
  178  school guardian certified appointed by the sheriff. At a
  179  superintendent’s discretion, any such certified school guardian
  180  may be appointed to a school by its respective superintendent.
  181  An individual may not serve as a school guardian in a school
  182  unless he or she is appointed by the superintendent.
  183         Section 2. Effective October 1, 2019, section 843.08,
  184  Florida Statutes, is amended to read:
  185         843.08 False personation.—A person who falsely assumes or
  186  pretends to be a firefighter, a sheriff, an officer of the
  187  Florida Highway Patrol, an officer of the Fish and Wildlife
  188  Conservation Commission, a fire or arson investigator of the
  189  Department of Financial Services, an officer of the Department
  190  of Financial Services, an officer of the Department of
  191  Corrections, a correctional probation officer, a deputy sheriff,
  192  a state attorney or an assistant state attorney, a statewide
  193  prosecutor or an assistant statewide prosecutor, a state
  194  attorney investigator, a coroner, a police officer, a lottery
  195  special agent or lottery investigator, a beverage enforcement
  196  agent, a school guardian as described in s. 30.15(1)(k), a
  197  security officer licensed under chapter 493 or watchman, or any
  198  member of the Florida Commission on Offender Review or and any
  199  administrative aide or supervisor employed by the commission, or
  200  any personnel or representative of the Department of Law
  201  Enforcement, or a federal law enforcement officer as defined in
  202  s. 901.1505, and takes upon himself or herself to act as such,
  203  or to require any other person to aid or assist him or her in a
  204  matter pertaining to the duty of any such officer, commits a
  205  felony of the third degree, punishable as provided in s.
  206  775.082, s. 775.083, or s. 775.084. However, a person who
  207  falsely personates any such officer during the course of the
  208  commission of a felony commits a felony of the second degree,
  209  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  210  If the commission of the felony results in the death or personal
  211  injury of another human being, the person commits a felony of
  212  the first degree, punishable as provided in s. 775.082, s.
  213  775.083, or s. 775.084. The term “watchman” means a security
  214  officer licensed under chapter 493.
  215         Section 3. Subsection (4) of section 943.082, Florida
  216  Statutes, is amended to read:
  217         943.082 School Safety Awareness Program.—
  218         (4)(a) Law enforcement dispatch centers, school districts,
  219  schools, and other entities identified by the department must
  220  shall be made aware of the mobile suspicious activity reporting
  221  tool.
  222         (b)The district school board shall promote the use of the
  223  mobile suspicious activity reporting tool by advertising it on
  224  the school district website, in newsletters, on school campuses,
  225  and in school publications and by installing it on all computer
  226  devices issued to students.
  227         Section 4. Subsection (9) is added to section 1001.10,
  228  Florida Statutes, to read:
  229         1001.10 Commissioner of Education; general powers and
  230  duties.—
  231         (9)The commissioner shall review the report of the School
  232  Hardening and Harm Mitigation Workgroup regarding hardening and
  233  harm mitigation strategies and recommendations submitted by the
  234  Office of Safe Schools, pursuant to s. 1001.212(12). By
  235  September 1, 2019, the commissioner shall submit a summary of
  236  such recommendations to the Governor, the President of the
  237  Senate, and the Speaker of the House of Representatives. At a
  238  minimum, the summary must include policy and funding
  239  enhancements and the estimated costs of and timeframes for
  240  implementation of the campus hardening and harm mitigation
  241  strategies recommended by the workgroup.
  242         Section 5. Subsection (9) of section 1001.11, Florida
  243  Statutes, is added to read:
  244         1001.11 Commissioner of Education; other duties.—
  245         (9) The commissioner shall oversee compliance with the
  246  safety and security requirements of the Marjory Stoneman Douglas
  247  High School Public Safety Act, chapter 2018-03, Laws of Florida,
  248  by school districts; district school superintendents; public
  249  schools, including charter schools; and regional and state
  250  entities. The commissioner must facilitate compliance to the
  251  maximum extent provided under law, identify incidents of
  252  noncompliance, and impose or recommend to the State Board of
  253  Education, the Governor, or the Legislature enforcement and
  254  sanctioning actions pursuant to s. 1008.32 and other authority
  255  granted under law.
  256         Section 6. Subsection (1) is amended, and subsections (12)
  257  through (17) are added to section 1001.212, Florida Statutes, to
  258  read:
  259         1001.212 Office of Safe Schools.—There is created in the
  260  Department of Education the Office of Safe Schools. The office
  261  is fully accountable to the Commissioner of Education. The
  262  office shall serve as a central repository for best practices,
  263  training standards, and compliance oversight in all matters
  264  regarding school safety and security, including prevention
  265  efforts, intervention efforts, and emergency preparedness
  266  planning. The office shall:
  267         (1) Establish and update as necessary a school security
  268  risk assessment tool for use by school districts pursuant to s.
  269  1006.07(6). The office shall make the security risk assessment
  270  tool available for use by charter schools. The office shall
  271  provide annual training to appropriate school district and
  272  charter school personnel on the proper assessment of physical
  273  site security and completion of the school security risk
  274  assessment tool.
  275         (12)(a)Convene a School Hardening and Harm Mitigation
  276  Workgroup comprised of individuals with subject matter expertise
  277  on school campus hardening best practices. The workgroup shall
  278  meet as necessary to review school hardening and harm mitigation
  279  policies including, but not limited to, the target hardening
  280  practices implemented in other states; the school safety
  281  guidelines developed by organizations such as the Partner
  282  Alliance for Safer Schools; the tiered approach to target campus
  283  hardening strategies identified in the initial report submitted
  284  by the Marjory Stoneman Douglas High School Public Safety
  285  Commission pursuant to s. 943.687(9); and the Florida Building
  286  Code for educational facilities construction to determine
  287  whether the building code may need to be modified to strengthen
  288  school safety and security. Based on this review of school
  289  safety best practices, by August 1, 2019, the workgroup shall
  290  submit a report to the executive director of the office, which
  291  includes, at a minimum:
  292         1. A prioritized list for the implementation of school
  293  campus hardening and harm mitigation strategies and the
  294  estimated costs of and timeframes for implementation of the
  295  strategies by school districts and charter schools. The
  296  estimated costs must include regional and statewide projections
  297  of the implementation costs.
  298         2. Recommendations for policy and funding enhancements to
  299  strengthen school safety and security.
  300         (b) Submit to the commissioner:
  301         1. The workgroup’s report pursuant to paragraph (a); and
  302         2. Recommendations regarding procedures for the office to
  303  use to monitor and enforce compliance by the school districts
  304  and charter schools in the implementation of the workgroup’s
  305  recommended campus hardening and harm mitigation strategies.
  306         (13)Provide technical assistance to school districts and
  307  charter school governing boards for school environmental safety
  308  incident reporting as required under s. 1006.07(9). The office
  309  shall review and evaluate school district reports to ensure
  310  compliance with reporting requirements. Upon notification by the
  311  department that a superintendent has failed to comply with the
  312  requirements of s. 1006.07(9), the district school board shall
  313  withhold further payment of his or her salary as authorized
  314  under s. 1001.42(13)(b) and impose other appropriate sanctions
  315  that the commissioner or state board by law may impose.
  316         (14) By August 1, 2019, develop a standardized, statewide
  317  behavioral threat assessment instrument for use by all public
  318  schools, including charter schools, which addresses early
  319  identification, evaluation, early intervention, and student
  320  support.
  321         (a) The standardized, statewide behavioral threat
  322  assessment instrument must include, but need not be limited to,
  323  components and forms that address:
  324         1. An assessment of the threat, which includes an
  325  assessment of the student, family, and school and social
  326  dynamics.
  327         2. An evaluation to determine if the threat is transient or
  328  substantive.
  329         3. The response to a substantive threat, which includes the
  330  school response and the role of law enforcement agencies.
  331         4. The response to a serious substantive threat, including
  332  mental health and law enforcement referrals.
  333         5. Ongoing monitoring to assess implementation of safety
  334  strategies.
  335         6. Training for members of threat assessment teams
  336  established under s. 1006.07(7) and school administrators
  337  regarding the use of the instrument.
  338         (b) The office shall:
  339         1.By August 1, 2020, evaluate each school district’s
  340  behavioral threat assessment procedures for compliance with this
  341  subsection.
  342         2. Notify the district school superintendent if the school
  343  district behavioral threat assessment is not in compliance with
  344  this subsection.
  345         3. Report any issues of ongoing noncompliance with this
  346  subsection to the district school superintendent, commissioner,
  347  and state board.
  348         (15) Establish the Statewide Threat Assessment Database
  349  Workgroup, comprised of members appointed by the department, to
  350  make recommendations regarding the development of a statewide
  351  threat assessment database. The database must allow authorized
  352  public school personnel to enter information related to any
  353  threat assessment conducted at their respective schools using
  354  the instrument developed by the office pursuant to subsection
  355  (14), and must provide such information to authorized personnel
  356  in each school district and public school and to appropriate
  357  stakeholders. By December 31, 2019, the workgroup shall provide
  358  a report to the office with recommendations that include, but
  359  need not be limited to:
  360         (a) Threat assessment data that should be required to be
  361  entered into the database.
  362         (b) School district and public school personnel who should
  363  be allowed to input student records to the database and view
  364  such records.
  365         (c) Database design and functionality, to include data
  366  security.
  367         (d) Restrictions and authorities on information sharing,
  368  including:
  369         1. Section 1002.22 and other applicable state laws.
  370         2. The Family Educational Rights and Privacy Act (FERPA),
  371  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
  372  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
  373  45 C.F.R. part 164, subpart E; and other applicable federal
  374  laws.
  375         3.The appropriateness of interagency agreements that will
  376  allow law enforcement to view database records.
  377         (e) The cost to develop and maintain a statewide online
  378  database.
  379         (f) An implementation plan and timeline for the workgroup
  380  recommendations.
  381         (16)Monitor compliance with requirements relating to
  382  school safety by school districts and public schools, including
  383  charter schools. The office shall report incidents of
  384  noncompliance to the commissioner pursuant to 1001.11(9) and the
  385  state board pursuant to s. 1008.32 and other requirements of
  386  law, as appropriate.
  387         (17) Review and approve each district school board’s and
  388  charter school governing board’s active assailant response
  389  policy submitted pursuant to ss. 1006.07(6)(c) and
  390  1002.33(16)(b). The office shall report any policy deficiencies
  391  or issues of noncompliance to the commissioner pursuant to
  392  1001.11(9) and the state board pursuant to s. 1008.32 and other
  393  requirements of law, as appropriate.
  394         Section 7. Paragraph (b) of subsection (16) of section
  395  1002.33, Florida Statutes, is amended, to read:
  396         1002.33 Charter schools.—
  397         (16) EXEMPTION FROM STATUTES.—
  398         (b) Additionally, a charter school shall be in compliance
  399  with the following statutes:
  400         1. Section 286.011, relating to public meetings and
  401  records, public inspection, and criminal and civil penalties.
  402         2. Chapter 119, relating to public records.
  403         3. Section 1003.03, relating to the maximum class size,
  404  except that the calculation for compliance pursuant to s.
  405  1003.03 shall be the average at the school level.
  406         4. Section 1012.22(1)(c), relating to compensation and
  407  salary schedules.
  408         5. Section 1012.33(5), relating to workforce reductions.
  409         6. Section 1012.335, relating to contracts with
  410  instructional personnel hired on or after July 1, 2011.
  411         7. Section 1012.34, relating to the substantive
  412  requirements for performance evaluations for instructional
  413  personnel and school administrators.
  414         8.Section 1006.12, relating to safe-school officers.
  415         9. Section 1006.07(7), relating to threat assessment teams.
  416         10.Section 1006.07(9), relating to School Environmental
  417  Safety Incident Reporting.
  418         11.Section 1006.1493, relating to Florida Safe School
  419  Assessment Tool.
  420         12. Section 1006.07(6)(c), relating to adopting an active
  421  assailant response policy.
  422         13. Section 943.082(4)(b), relating to the mobile
  423  suspicious activity reporting tool.
  424         14.Section 1012.584, relating to youth mental health
  425  awareness and assistance training.
  426         Section 8. Paragraph (c) of subsection (1) of section
  427  1006.04, Florida Statutes, is amended to read:
  428         1006.04 Educational multiagency services for students with
  429  severe emotional disturbance.—
  430         (1) 
  431         (c) The multiagency network shall:
  432         1. Support and represent the needs of students in each
  433  school district in joint planning with fiscal agents of
  434  children’s mental health funds, including the expansion of
  435  school-based mental health services, transition services, and
  436  integrated education and treatment programs.
  437         2. Improve coordination of services for children with or at
  438  risk of emotional or behavioral disabilities and their families:
  439         a. By assisting multi-agency collaborative initiatives to
  440  identify critical issues and barriers of mutual concern and
  441  develop local response systems that increase home and school
  442  connections and family engagement.
  443         b. To provide that children who are referred for an
  444  evaluation or screening to determine eligibility for services
  445  receive the appropriate evaluation or screening within 45 days
  446  after the referral. Students who are eligible for services, and
  447  their families, must be provided a referral for the appropriate
  448  services within 30 days after completion of the evaluation or
  449  screening.
  450         3. Increase parent and youth involvement and development
  451  with local systems of care.
  452         4. Facilitate student and family access to effective
  453  services and programs for students with and at risk of emotional
  454  or behavioral disabilities that include necessary educational,
  455  residential, and mental health treatment services, enabling
  456  these students to learn appropriate behaviors, reduce
  457  dependency, and fully participate in all aspects of school and
  458  community living.
  459         Section 9. Subsection (6) and subsection (7) of section
  460  1006.07, Florida Statutes, are amended, and subsection (9) is
  461  added to that section, to read:
  462         1006.07 District school board duties relating to student
  463  discipline and school safety.—The district school board shall
  464  provide for the proper accounting for all students, for the
  465  attendance and control of students at school, and for proper
  466  attention to health, safety, and other matters relating to the
  467  welfare of students, including:
  468         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  469  school superintendent shall establish policies and procedures
  470  for the prevention of violence on school grounds, including the
  471  assessment of and intervention with individuals whose behavior
  472  poses a threat to the safety of the school community.
  473         (a) Each district school superintendent shall designate a
  474  school administrator as a school safety specialist for the
  475  district. The school safety specialist must be a school
  476  administrator employed by the school district or a law
  477  enforcement officer employed by the sheriff’s office located in
  478  the school district. Any school safety specialist designated
  479  from the sheriff’s office must first be authorized and approved
  480  by the sheriff employing the law enforcement officer. Any school
  481  safety specialist designated from the sheriff’s office remains
  482  the employee of the office for purposes of compensation,
  483  insurance, workers compensation, and other benefits authorized
  484  by law for a law enforcement officer employed by the sheriff’s
  485  office. The sheriff and the school superintendent may determine
  486  by agreement the reimbursement for such costs, or may share the
  487  costs, associated with employment of the law enforcement officer
  488  as a school safety specialist. The school safety specialist must
  489  earn a certificate of completion of the school safety specialist
  490  training provided by the Office of Safe Schools within 1 year
  491  after appointment and is responsible for the supervision and
  492  oversight for all school safety and security personnel,
  493  policies, and procedures in the school district. The school
  494  safety specialist shall:
  495         1. Review policies and procedures for compliance with state
  496  law and rules.
  497         2. Provide the necessary training and resources to students
  498  and school district staff in matters relating to youth mental
  499  health awareness and assistance; emergency procedures, including
  500  active shooter training; and school safety and security.
  501         3. Serve as the school district liaison with local public
  502  safety agencies and national, state, and community agencies and
  503  organizations in matters of school safety and security.
  504         4. Conduct a school security risk assessment in accordance
  505  with s. 1006.1493 at each public school using the school
  506  security risk assessment tool developed by the Office of Safe
  507  Schools. Based on the assessment findings, the district’s school
  508  safety specialist shall provide recommendations to the district
  509  school board which identify strategies and activities that the
  510  district school board should implement in order to improve
  511  school safety and security. Annually, each district school board
  512  must receive such findings and the school safety specialist’s
  513  recommendations at a publicly noticed district school board
  514  meeting to provide the public an opportunity to hear the
  515  district school board members discuss and take action on the
  516  findings and recommendations. Each school safety specialist
  517  shall report such findings and school board action to the Office
  518  of Safe Schools within 30 days after the district school board
  519  meeting.
  520         (b) Each school safety specialist shall coordinate with the
  521  appropriate public safety agencies, as defined in s. 365.171,
  522  that are designated as first responders to a school’s campus to
  523  conduct a tour of such campus once every 3 years and provide
  524  recommendations related to school safety. The recommendations by
  525  the public safety agencies must be considered as part of the
  526  recommendations by the school safety specialist pursuant to
  527  paragraph (a).
  528         (c)Each district school board must adopt a well-developed,
  529  written, distributed, and trained upon active assailant response
  530  policy, which must be recommended by the district
  531  superintendent. The superintendent must approve any school
  532  specific modifications to the district policy. Each district
  533  school board’s active assailant response policy, including
  534  school-specific modifications, must be submitted to the Office
  535  of Safe Schools for approval pursuant to s. 1001.212(17) by
  536  August 1, 2019.
  537         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  538  shall adopt policies for the establishment of threat assessment
  539  teams at each school whose duties include the coordination of
  540  resources and assessment and intervention with individuals whose
  541  behavior may pose a threat to the safety of school staff or
  542  students consistent with the model policies developed by the
  543  Office of Safe Schools. Such policies must shall include
  544  procedures for referrals to mental health services identified by
  545  the school district pursuant to s. 1012.584(4), when
  546  appropriate, and procedures for behavioral threat assessments in
  547  compliance with the instrument developed pursuant to s.
  548  1001.212(14).
  549         (a) A threat assessment team shall include persons with
  550  expertise in counseling, instruction, school administration, and
  551  law enforcement. The threat assessment teams shall identify
  552  members of the school community to whom threatening behavior
  553  should be reported and provide guidance to students, faculty,
  554  and staff regarding recognition of threatening or aberrant
  555  behavior that may represent a threat to the community, school,
  556  or self. Upon the availability of the behavioral threat
  557  assessment instrument developed pursuant to s. 1001.212(14), the
  558  threat assessment team shall use that instrument.
  559         (b) Upon a preliminary determination that a student poses a
  560  threat of violence or physical harm to himself or herself or
  561  others, a threat assessment team shall immediately report its
  562  determination to the superintendent or his or her designee. The
  563  superintendent or his or her designee shall immediately attempt
  564  to notify the student’s parent or legal guardian. Nothing in
  565  this subsection shall preclude school district personnel from
  566  acting immediately to address an imminent threat.
  567         (c) Upon a preliminary determination by the threat
  568  assessment team that a student poses a threat of violence to
  569  himself or herself or others or exhibits significantly
  570  disruptive behavior or need for assistance, the threat
  571  assessment team may obtain criminal history record information,
  572  as provided in s. 985.047. A member of a threat assessment team
  573  may not disclose any criminal history record information
  574  obtained pursuant to this section or otherwise use any record of
  575  an individual beyond the purpose for which such disclosure was
  576  made to the threat assessment team.
  577         (d) Notwithstanding any other provision of law, all state
  578  and local agencies and programs that provide services to
  579  students experiencing or at risk of an emotional disturbance or
  580  a mental illness, including the school districts, school
  581  personnel, state and local law enforcement agencies, the
  582  Department of Juvenile Justice, the Department of Children and
  583  Families, the Department of Health, the Agency for Health Care
  584  Administration, the Agency for Persons with Disabilities, the
  585  Department of Education, the Statewide Guardian Ad Litem Office,
  586  and any service or support provider contracting with such
  587  agencies, may share with each other records or information that
  588  are confidential or exempt from disclosure under chapter 119 if
  589  the records or information are reasonably necessary to ensure
  590  access to appropriate services for the student or to ensure the
  591  safety of the student or others. All such state and local
  592  agencies and programs shall communicate, collaborate, and
  593  coordinate efforts to serve such students.
  594         (e) If an immediate mental health or substance abuse crisis
  595  is suspected, school personnel shall follow policies established
  596  by the threat assessment team to engage behavioral health crisis
  597  resources. Behavioral health crisis resources, including, but
  598  not limited to, mobile crisis teams and school resource officers
  599  trained in crisis intervention, shall provide emergency
  600  intervention and assessment, make recommendations, and refer the
  601  student for appropriate services. Onsite school personnel shall
  602  report all such situations and actions taken to the threat
  603  assessment team, which shall contact the other agencies involved
  604  with the student and any known service providers to share
  605  information and coordinate any necessary followup actions.
  606         (f) Each threat assessment team established pursuant to
  607  this subsection shall report quantitative data on its activities
  608  to the Office of Safe Schools in accordance with guidance from
  609  the office and shall utilize the threat assessment database
  610  developed pursuant to s. 1001.212(15) upon the availability of
  611  the database.
  613  district school board shall adopt policies to ensure the
  614  accurate and timely reporting of incidents related to school
  615  safety and discipline. The district school superintendent is
  616  responsible for school environmental safety incident reporting.
  617  A district school superintendent who fails to comply with this
  618  subsection is subject to the penalties specified in law,
  619  including, but not limited to, s. 1001.42(13)(b) or s.
  620  1001.51(12)(b), as applicable. The State Board of Education
  621  shall adopt rules establishing the requirements for the school
  622  environmental safety incident report.
  623         Section 10. Section 1006.12, Florida Statutes, is amended
  624  to read:
  625         1006.12 Safe-school officers at each public school.—For the
  626  protection and safety of school personnel, property, students,
  627  and visitors, each district school board, and school district
  628  superintendent, and charter school governing board, as
  629  applicable, shall partner with law enforcement agencies to
  630  establish or assign one or more safe-school officers at each
  631  school facility within the district by implementing any
  632  combination of the following options which best meets the needs
  633  of the school district:
  634         (1) Establish school resource officer programs, through a
  635  cooperative agreement with law enforcement agencies.
  636         (a) School resource officers shall undergo criminal
  637  background checks, drug testing, and a psychological evaluation
  638  and be certified law enforcement officers, as defined in s.
  639  943.10(1), who are employed by a law enforcement agency as
  640  defined in s. 943.10(4). The powers and duties of a law
  641  enforcement officer shall continue throughout the employee’s
  642  tenure as a school resource officer.
  643         (b) School resource officers shall abide by district school
  644  board policies and shall consult with and coordinate activities
  645  through the school principal, but shall be responsible to the
  646  law enforcement agency in all matters relating to employment,
  647  subject to agreements between a district school board and a law
  648  enforcement agency. Activities conducted by the school resource
  649  officer which are part of the regular instructional program of
  650  the school shall be under the direction of the school principal.
  651         (c) Complete mental health crisis intervention training
  652  using a curriculum developed by a national organization with
  653  expertise in mental health crisis intervention. The training
  654  shall improve officers’ knowledge and skills as first responders
  655  to incidents involving students with emotional disturbance or
  656  mental illness, including de-escalation skills to ensure student
  657  and officer safety.
  658         (2) Commission one or more school safety officers for the
  659  protection and safety of school personnel, property, and
  660  students within the school district. The district school
  661  superintendent may recommend, and the district school board may
  662  appoint, one or more school safety officers.
  663         (a) School safety officers shall undergo criminal
  664  background checks, drug testing, and a psychological evaluation
  665  and be law enforcement officers, as defined in s. 943.10(1),
  666  certified under the provisions of chapter 943 and employed by
  667  either a law enforcement agency or by the district school board.
  668  If the officer is employed by the district school board, the
  669  district school board is the employing agency for purposes of
  670  chapter 943, and must comply with the provisions of that
  671  chapter.
  672         (b) A school safety officer has and shall exercise the
  673  power to make arrests for violations of law on district school
  674  board property and to arrest persons, whether on or off such
  675  property, who violate any law on such property under the same
  676  conditions that deputy sheriffs are authorized to make arrests.
  677  A school safety officer has the authority to carry weapons when
  678  performing his or her official duties.
  679         (c) A district school board may enter into mutual aid
  680  agreements with one or more law enforcement agencies as provided
  681  in chapter 23. A school safety officer’s salary may be paid
  682  jointly by the district school board and the law enforcement
  683  agency, as mutually agreed to.
  684         (3) At the school district’s, or charter school governing
  685  board’s, discretion, participate in the Coach Aaron Feis
  686  Guardian Program if such program is established pursuant to s.
  687  30.15, to meet the requirement of establishing a safe-school
  688  officer. The following individuals may serve as a school
  689  guardian upon satisfactory completion of the requirements under
  690  s. 30.15(1)(k) and certification by a sheriff:
  691         (a) A school district employee or personnel, as defined
  692  under s. 1012.01, or a charter school employee, as provided
  693  under s. 1002.33(12)(a), who volunteers to serve as a school
  694  guardian in addition to his or her official job duties;
  695         (b) An employee of a school district or a charter school
  696  who is hired for the specific purpose of serving as a school
  697  guardian; or
  698         (c) A contract employee licensed under s. 493.6301 who
  699  works in the school district or for a charter school through a
  700  contract with a security agency as that term is defined in s.
  701  493.6101(18). Contract employees may receive school guardian
  702  training through a participating sheriff’s office contingent
  703  upon defined financial or service obligations by the security
  704  agency enumerated in the contract between the school district or
  705  the charter school governing board, as appropriate, and the
  706  security agency.
  707         (4) Any information that would identify whether a
  708  particular individual has been appointed as a safe-school
  709  officer pursuant to this section held by a law enforcement
  710  agency, school district, or charter school is exempt from s.
  711  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  712  subsection is subject to the Open Government Sunset Review Act
  713  in accordance with s. 119.15 and shall stand repealed on October
  714  2, 2023, unless reviewed and saved from repeal through
  715  reenactment by the Legislature.
  716         Section 11. Section 1006.1493, Florida Statutes, is amended
  717  to read:
  718         1006.1493 Florida Safe Schools Assessment Tool.—
  719         (1) The department, through the Office of Safe Schools
  720  pursuant s. 1001.212, shall contract with a security consulting
  721  firm that specializes in the development of risk assessment
  722  software solutions and has experience in conducting security
  723  assessments of public facilities to develop, update, and
  724  implement a risk assessment tool, which shall be known as the
  725  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
  726  the primary physical site security assessment tool as revised
  727  and required by the Office of Safe Schools that is used by
  728  school officials at each school district and public school site
  729  in the state in conducting security assessments for use by
  730  school officials at each school district and public school site
  731  in the state.
  732         (2) The FSSAT must help school officials identify threats,
  733  vulnerabilities, and appropriate safety controls for the schools
  734  that they supervise, pursuant to the security risk assessment
  735  requirements of s. 1006.07(6).
  736         (a) At a minimum, the FSSAT must address all of the
  737  following components:
  738         1. School emergency and crisis preparedness planning;
  739         2. Security, crime, and violence prevention policies and
  740  procedures;
  741         3. Physical security measures;
  742         4. Professional development training needs;
  743         5. An examination of support service roles in school
  744  safety, security, and emergency planning;
  745         6. School security and school police staffing, operational
  746  practices, and related services;
  747         7. School and community collaboration on school safety; and
  748         8. A return on investment analysis of the recommended
  749  physical security controls.
  750         (b) The department shall require by contract that the
  751  security consulting firm:
  752         1. Generate written automated reports on assessment
  753  findings for review by the department and school and district
  754  officials;
  755         2. Provide training to the department and school officials
  756  in the use of the FSSAT and other areas of importance identified
  757  by the department; and
  758         3. Advise in the development and implementation of
  759  templates, formats, guidance, and other resources necessary to
  760  facilitate the implementation of this section at state,
  761  district, school, and local levels.
  762         (3) The Office of Safe Schools must provide annual training
  763  to each district’s school safety specialist and other
  764  appropriate school district personnel on the assessment of
  765  physical site security and completing the FSSAT.
  766         (4) Each district school superintendent, by August 1 of
  767  each year, shall submit an FSSAT assessment to the department
  768  for each school site. Each school-specific assessment must be
  769  approved by the district superintendent or his or her designee,
  770  who must be the district’s school safety specialist or a deputy
  771  superintendent or assistant superintendent. Any superintendent
  772  who fails to comply with the requirements of this subsection is
  773  subject to penalties under s. 1001.51(12)(b) and other sanctions
  774  that may be applied by the commissioner or state board.
  775         (5)By December 1 of each year, By December 1, 2018, and
  776  annually by that date thereafter, the department shall must
  777  report to the Governor, the President of the Senate, and the
  778  Speaker of the House of Representatives on the status of
  779  implementation across school districts and schools. The report
  780  must include a summary of the positive school safety measures in
  781  place at the time of the assessment and any recommendations for
  782  policy changes or funding needed to facilitate continued school
  783  safety planning, improvement, and response at the state,
  784  district, or school levels.
  785         (6)(4) In accordance with ss. 119.071(3)(a) and 281.301,
  786  data and information related to security risk assessments
  787  administered pursuant to this section and s. 1006.07(6) and the
  788  security information contained in the annual report required
  789  pursuant to subsection (3) are confidential and exempt from
  790  public records requirements.
  791         Section 12. Subsection (15) of section 1011.62, Florida
  792  Statutes, is amended to read:
  793         1011.62 Funds for operation of schools.—If the annual
  794  allocation from the Florida Education Finance Program to each
  795  district for operation of schools is not determined in the
  796  annual appropriations act or the substantive bill implementing
  797  the annual appropriations act, it shall be determined as
  798  follows:
  799         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  800  created to provide funding to assist school districts in their
  801  compliance with s. 1006.07, with priority given to implementing
  802  the district’s school resource officer program pursuant to s.
  803  1006.12. Each school district shall receive a minimum safe
  804  schools allocation in an amount provided in the General
  805  Appropriations Act. Of the remaining balance of the safe schools
  806  allocation, two-thirds shall be allocated to school districts
  807  based on the most recent official Florida Crime Index provided
  808  by the Department of Law Enforcement and one-third shall be
  809  allocated based on each school district’s proportionate share of
  810  the state’s total unweighted full-time equivalent student
  811  enrollment. Any additional funds appropriated to this allocation
  812  in the 2018-2019 fiscal year must to the school resource officer
  813  program established pursuant to s. 1006.12 shall be used
  814  exclusively for employing or contracting for safe-school
  815  resource officers, established or assigned under s. 1006.12
  816  which shall be in addition to the number of officers employed or
  817  contracted for in the 2017-2018 fiscal year. This subsection
  818  applies retroactively to July 1, 2018. The amendments to this
  819  subsection are intended to be clarifying and remedial in nature.
  820         Section 13. Effective July 1, 2019, paragraph (b) of
  821  subsection (6) of section 1011.62, Florida Statutes, and
  822  subsection (15) of that section, as amended by this act, are
  823  amended to read:
  824         1011.62 Funds for operation of schools.—If the annual
  825  allocation from the Florida Education Finance Program to each
  826  district for operation of schools is not determined in the
  827  annual appropriations act or the substantive bill implementing
  828  the annual appropriations act, it shall be determined as
  829  follows:
  830         (6) CATEGORICAL FUNDS.—
  831         (b) If a district school board finds and declares in a
  832  resolution adopted at a regular meeting of the school board that
  833  the funds received for any of the following categorical
  834  appropriations are urgently needed to maintain school board
  835  specified academic classroom instruction or improve school
  836  safety, the school board may consider and approve an amendment
  837  to the school district operating budget transferring the
  838  identified amount of the categorical funds to the appropriate
  839  account for expenditure:
  840         1. Funds for student transportation.
  841         2. Funds for research-based reading instruction if the
  842  required additional hour of instruction beyond the normal school
  843  day for each day of the entire school year has been provided for
  844  the students in each low-performing elementary school in the
  845  district pursuant to paragraph (9)(a).
  846         3. Funds for instructional materials if all instructional
  847  material purchases necessary to provide updated materials that
  848  are aligned with applicable state standards and course
  849  descriptions and that meet statutory requirements of content and
  850  learning have been completed for that fiscal year, but no sooner
  851  than March 1. Funds available after March 1 may be used to
  852  purchase hardware for student instruction.
  853         4.Funds for the guaranteed allocation as provided in
  854  subparagraph (1)(e)2.
  855         5.Funds for the supplemental academic instruction
  856  allocation as provided in paragraph (1)(f).
  857         6. Funds for Florida digital classrooms allocation as
  858  provided in subsection (12).
  859         7. Funds for the federally connected student supplement as
  860  provided in subsection (13).
  861         8. Funds for class size reduction as provided in s.
  862  1011.685.
  863         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  864  created to provide funding to assist school districts in their
  865  compliance with s. 1006.07, with priority given to implementing
  866  the district’s school resource officer program pursuant to s.
  867  1006.12. Each school district shall receive a minimum safe
  868  schools allocation in an amount provided in the General
  869  Appropriations Act. Of the remaining balance of the safe schools
  870  allocation, one-third two-thirds shall be allocated to school
  871  districts based on the most recent official Florida Crime Index
  872  provided by the Department of Law Enforcement and two-thirds
  873  one-third shall be allocated based on each school district’s
  874  proportionate share of the state’s total unweighted full-time
  875  equivalent student enrollment. Any additional funds appropriated
  876  to this allocation in the 2018-2019 fiscal year must be used
  877  exclusively for employing or contracting for safe-school
  878  officers, established or assigned under s. 1006.12. This
  879  subsection applies retroactively to July 1, 2018. The amendments
  880  to this subsection are intended to be clarifying and remedial in
  881  nature.
  882         Section 14. For the purpose of incorporating the amendment
  883  made by this act to section 843.08, Florida Statutes, in a
  884  reference thereto, paragraph (b) of subsection (3) of section
  885  921.0022, Florida Statutes, is reenacted to read:
  886         921.0022 Criminal Punishment Code; offense severity ranking
  887  chart.—
  889         (b) LEVEL 2
  891  FloridaStatute             FelonyDegree        Description        
  892  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  893  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  894  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.
  895  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  896  590.28(1)                      3rd     Intentional burning of lands.
  897  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  898  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  899  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  900  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  901  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  902  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
  903  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  904  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  905  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  906  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  907  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  908  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  909  817.60(5)                      3rd     Dealing in credit cards of another.
  910  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  911  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  912  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  913  831.01                         3rd     Forgery.                   
  914  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  915  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  916  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  917  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  918  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  919  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  920  843.08                         3rd     False personation.         
  921  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.
  922  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  923         Section 15. The Legislature finds that a proper and
  924  legitimate state purpose is served when district school boards
  925  are afforded options for the provision of safe-school officers
  926  for the protection and safety of school personnel, property,
  927  students, and visitors. School guardians must be available to
  928  any district school board that chooses such an option.
  929  Therefore, the Legislature determines and declares that this act
  930  fulfills an important state interest.
  931         Section 16. Except as otherwise expressly provided in this
  932  act, this act shall take effect upon becoming a law.