Florida Senate - 2019                   (PROPOSED BILL) SPB 7030
       FOR CONSIDERATION By the Committee on Education
       581-02011C-19                                         20197030pb
    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; amending s.
    7         943.082, F.S.; requiring school districts to promote a
    8         mobile suspicious activity reporting tool through
    9         specified mediums; amending s. 1001.10, F.S.;
   10         requiring the Commissioner of Education to review
   11         recommendations from the School Hardening and Harm
   12         Mitigation Workgroup; requiring the commissioner to
   13         submit a summary to the Governor and the Legislature
   14         by a specified date; providing requirements for the
   15         summary; amending s. 1001.11, F.S.; revising the
   16         duties of the commissioner to include oversight of
   17         compliance with the safety and security requirements
   18         of the Marjory Stoneman Douglas High School Public
   19         Safety Act by specified persons and entities; amending
   20         s. 1001.212, F.S.; requiring the Office of Safe
   21         Schools to annually provide training for specified
   22         personnel; requiring the office to convene a School
   23         Hardening and Harm Mitigation Workgroup; providing for
   24         membership and duties of the workgroup; requiring the
   25         workgroup to submit a report and recommendations to
   26         the commissioner; requiring the office to provide
   27         technical assistance for school safety incident
   28         reporting; requiring the office to review and evaluate
   29         school district reports for compliance; requiring a
   30         district school board to withhold a superintendent’s
   31         salary in response to the superintendent’s
   32         noncompliance; requiring the office to develop a
   33         behavioral threat assessment instrument; providing
   34         requirements for the instrument; requiring the office
   35         to establish the Statewide Threat Assessment Database
   36         Workgroup to make certain recommendations relating to
   37         a statewide threat assessment database; providing
   38         requirements for the database; requiring the workgroup
   39         to report recommendations to the office by a specified
   40         date; providing requirements for such recommendations;
   41         requiring the office to monitor school district and
   42         public school, including charter schools, compliance
   43         with requirements relating to school safety; requiring
   44         the office to review and approve district school board
   45         and charter school active assailant policies and
   46         report deficiencies; amending s. 1002.33, F.S.;
   47         requiring a charter school to comply with specified
   48         provisions; amending s. 1006.04, F.S.; establishing
   49         timeframes within which students with mental,
   50         emotional, or behavioral disorders must be referred
   51         for services; amending s. 1006.07, F.S.; requiring
   52         that a school security risk assessment conducted by a
   53         school safety specialist be completed in conjunction
   54         with specified municipal or county first responders;
   55         requiring district school boards to adopt and submit
   56         to the office an active assailant response policy;
   57         requiring that the policy be recommended by the
   58         district superintendent; requiring that any school
   59         specific modifications to the policy be approved by
   60         the district superintendents; requiring that certain
   61         policies adopted by school districts include
   62         procedures for behavioral threat assessments;
   63         requiring threat assessment teams to utilize the
   64         behavioral threat assessment instrument and the threat
   65         assessment database developed by the office when they
   66         become available; requiring district school boards to
   67         adopt policies for accurate and timely reporting of
   68         school environmental safety incidents; providing
   69         penalties for noncompliance with such policies;
   70         requiring the State Board of Education to adopt by
   71         rule requirements for school environmental safety
   72         incident reports; amending s. 1006.12, F.S.; requiring
   73         a charter school governing board to partner with law
   74         enforcement agencies to establish or assign a safe
   75         school officer; expanding the categories of
   76         individuals who may serve as school guardians;
   77         amending s. 1006.1493, F.S.; requiring the Florida
   78         Safe Schools Assessment Tool (FSSAT) to be the primary
   79         site security assessment tool for school districts;
   80         requiring the office to provide FSSAT training;
   81         requiring the superintendent to certify FSSAT
   82         assessments within a certain timeframe; providing
   83         penalties for failure to comply with requirements;
   84         deleting obsolete language; amending s. 1011.62, F.S.;
   85         modifying the required use of funds in the safe
   86         schools allocation; providing for retroactive
   87         application; providing legislative intent; expanding,
   88         as of a specified date, the categorical fund that may
   89         be accessed to improve classroom instruction or
   90         improve school safety; deleting obsolete language;
   91         providing a declaration of important state interest;
   92         providing an effective date.
   94  Be It Enacted by the Legislature of the State of Florida:
   96         Section 1. Paragraph (k) of subsection (1) of section
   97  30.15, Florida Statutes, is amended to read
   98         30.15 Powers, duties, and obligations.—
   99         (1) Sheriffs, in their respective counties, in person or by
  100  deputy, shall:
  101         (k) Establish, if the sheriff so chooses, a Coach Aaron
  102  Feis Guardian Program to aid in the prevention or abatement of
  103  active assailant incidents on school premises. However, if a
  104  local school board has voted by a majority to implement such a
  105  program, the sheriff in that county shall establish a program. A
  106  school guardian may not has no authority to act in any law
  107  enforcement capacity except to the extent necessary to prevent
  108  or abate an active assailant incident on a school premises. A
  109  Excluded from participating in the Coach Aaron Feis Guardian
  110  Program are individuals who exclusively perform classroom duties
  111  as classroom teachers as defined in s. 1012.01(2)(a). This
  112  limitation does not apply to classroom teachers of a Junior
  113  Reserve Officers’ Training Corps program, a current
  114  servicemember, as defined in s. 250.01, or a current or former
  115  law enforcement officer, as defined in s. 943.10(1), (6), or
  116  (8). The sheriff who establishes a chooses to establish the
  117  program shall certify appoint as school guardians, without the
  118  power of arrest, school employees or contract employees, as
  119  specified in s. 1006.12(3), who volunteer and who:
  120         1. Hold a valid license issued under s. 790.06.
  121         2. Complete 132 total hours of comprehensive firearm safety
  122  and proficiency training conducted by Criminal Justice Standards
  123  and Training Commission-certified instructors, which must
  124  include:
  125         a. Eighty hours of firearms instruction based on the
  126  Criminal Justice Standards and Training Commission’s Law
  127  Enforcement Academy training model, which must include at least
  128  10 percent but no more than 20 percent more rounds fired than
  129  associated with academy training. Program participants must
  130  achieve an 85 percent pass rate on the firearms training.
  131         b. Sixteen hours of instruction in precision pistol.
  132         c. Eight hours of discretionary shooting instruction using
  133  state-of-the-art simulator exercises.
  134         d. Eight hours of instruction in active shooter or
  135  assailant scenarios.
  136         e. Eight hours of instruction in defensive tactics.
  137         f. Twelve hours of instruction in legal issues.
  138         3. Pass a psychological evaluation administered by a
  139  psychologist licensed under chapter 490 and designated by the
  140  Department of Law Enforcement and submit the results of the
  141  evaluation to the sheriff’s office. The Department of Law
  142  Enforcement is authorized to provide the sheriff’s office with
  143  mental health and substance abuse data for compliance with this
  144  paragraph.
  145         4. Submit to and pass an initial drug test and subsequent
  146  random drug tests in accordance with the requirements of s.
  147  112.0455 and the sheriff’s office.
  148         5. Successfully complete ongoing training, weapon
  149  inspection, and firearm qualification on at least an annual
  150  basis.
  151         6. Successfully complete at least 12 hours of a certified
  152  nationally recognized diversity training program.
  154  The sheriff shall issue a school guardian certificate to
  155  individuals who meet the requirements of this paragraph and
  156  subparagraph 2. The sheriff shall maintain documentation of
  157  weapon and equipment inspections, as well as the training,
  158  certification, inspection, and qualification records of each
  159  school guardian appointed by the sheriff.
  160         Section 2. Subsection (4) of section 943.082, Florida
  161  Statutes, is amended to read:
  162         943.082 School Safety Awareness Program.—
  163         (4)(a) Law enforcement dispatch centers, school districts,
  164  schools, and other entities identified by the department must
  165  shall be made aware of the mobile suspicious activity reporting
  166  tool.
  167         (b)The district school board shall promote the use of the
  168  mobile suspicious activity reporting tool by advertising it on
  169  the school district website, in newsletters, on school campuses,
  170  and in school publications and by installing it on all computer
  171  devices issued to students.
  172         Section 3. Subsection (9) is added to section 1001.10,
  173  Florida Statutes, to read:
  174         1001.10 Commissioner of Education; general powers and
  175  duties.—
  176         (9)The commissioner shall review the report of the School
  177  Hardening and Harm Mitigation Workgroup regarding hardening and
  178  harm mitigation strategies and recommendations submitted by the
  179  Office of Safe Schools, pursuant to s. 1001.212(12). By
  180  September 1, 2019, the commissioner shall submit a summary of
  181  such recommendations to the Governor, the President of the
  182  Senate, and the Speaker of the House of Representatives. At a
  183  minimum, the summary must include policy and funding
  184  enhancements and the estimated costs of and timeframes for
  185  implementation of the campus hardening and harm mitigation
  186  strategies recommended by the workgroup.
  187         Section 4. Subsection (9) of section 1001.11, Florida
  188  Statutes, is added to read:
  189         1001.11 Commissioner of Education; other duties.—
  190         (9) The commissioner shall oversee compliance with the
  191  safety and security requirements of the Marjory Stoneman Douglas
  192  High School Public Safety Act, chapter 2018-03, Laws of Florida,
  193  by school districts; district school superintendents; public
  194  schools, including charter schools; and regional and state
  195  entities. The commissioner must facilitate compliance to the
  196  maximum extent provided under law, identify incidents of
  197  noncompliance, and impose or recommend to the State Board of
  198  Education, the Governor, or the Legislature enforcement and
  199  sanctioning actions pursuant to s. 1008.32 and other authority
  200  granted under law.
  201         Section 5. Subsection (1) is amended, and subsections (12)
  202  through (17) are added to section 1001.212, Florida Statutes, to
  203  read:
  204         1001.212 Office of Safe Schools.—There is created in the
  205  Department of Education the Office of Safe Schools. The office
  206  is fully accountable to the Commissioner of Education. The
  207  office shall serve as a central repository for best practices,
  208  training standards, and compliance oversight in all matters
  209  regarding school safety and security, including prevention
  210  efforts, intervention efforts, and emergency preparedness
  211  planning. The office shall:
  212         (1) Establish and update as necessary a school security
  213  risk assessment tool for use by school districts pursuant to s.
  214  1006.07(6). The office shall make the security risk assessment
  215  tool available for use by charter schools. The office shall
  216  provide annual training to appropriate school district and
  217  charter school personnel on the proper assessment of physical
  218  site security and completion of the school security risk
  219  assessment tool.
  220         (12)(a)Convene a School Hardening and Harm Mitigation
  221  Workgroup comprised of individuals with subject matter expertise
  222  on school campus hardening best practices. The workgroup shall
  223  meet as necessary to review school hardening and harm mitigation
  224  policies including, but not limited to, the target hardening
  225  practices implemented in other states; the school safety
  226  guidelines developed by organizations such as the Partner
  227  Alliance for Safer Schools; and the tiered approach to target
  228  campus hardening strategies identified in the initial report
  229  submitted by the Marjory Stoneman Douglas High School Public
  230  Safety Commission pursuant to s. 943.687(9); and the Florida
  231  Building Code for educational facilities construction to
  232  determine whether the building code may need to be modified to
  233  strengthen school safety and security. Based on this review of
  234  school safety best practices, by August 1, 2019, the workgroup
  235  shall submit a report to the executive director of the office,
  236  which includes, at a minimum:
  237         1. A prioritized list for the implementation of school
  238  campus hardening and harm mitigation strategies and the
  239  estimated costs of and timeframes for implementation of the
  240  strategies by school districts and charter schools. The
  241  estimated costs must include regional and statewide projections
  242  of the implementation costs.
  243         2. Recommendations for policy and funding enhancements to
  244  strengthen school safety and security.
  245         (b) Submit to the commissioner:
  246         1. The workgroup’s report pursuant to paragraph (a); and
  247         2. Recommendations regarding procedures for the office to
  248  use to monitor and enforce compliance by the school districts
  249  and charter schools in the implementation of the workgroup’s
  250  recommended campus hardening and harm mitigation strategies.
  251         (13)Provide technical assistance to school districts and
  252  charter school governing boards for school environmental safety
  253  incident reporting as required under s. 1006.07(9). The office
  254  shall review and evaluate school district reports to ensure
  255  compliance with reporting requirements. Upon notification by the
  256  department that a superintendent has failed to comply with the
  257  requirements of s. 1006.07(9), the district school board shall
  258  withhold further payment of his or her salary as authorized
  259  under s. 1001.42(13)(b) and impose other appropriate sanctions
  260  that the commissioner or state board by law may impose.
  261         (14) By August 1, 2019, develop a standardized, statewide
  262  behavioral threat assessment instrument for use by all public
  263  schools, including charter schools, which addresses early
  264  identification, evaluation, early intervention, and student
  265  support.
  266         (a) The standardized, statewide behavioral threat
  267  assessment instrument must include, but need not be limited to,
  268  components and forms that address:
  269         1. An assessment of the threat, which includes an
  270  assessment of the student, family, and school and social
  271  dynamics.
  272         2. An evaluation to determine if the threat is transient or
  273  substantive.
  274         3. The response to a substantive threat, which includes the
  275  school response and the role of law enforcement agencies.
  276         4. The response to a serious substantive threat, including
  277  mental health and law enforcement referrals.
  278         5. Ongoing monitoring to assess implementation of safety
  279  strategies.
  280         6. Training for members of threat assessment teams
  281  established under s. 1006.07(7) and school administrators
  282  regarding the use of the instrument.
  283         (b) The office shall:
  284         1.By August 1, 2020, evaluate each school district’s
  285  behavioral threat assessment procedures for compliance with this
  286  subsection.
  287         2. Notify the district school superintendent if the school
  288  district behavioral threat assessment is not in compliance with
  289  this subsection.
  290         3. Report any issues of ongoing noncompliance with this
  291  subsection to the district school superintendent, commissioner,
  292  and state board.
  293         (15) Establish the Statewide Threat Assessment Database
  294  Workgroup, comprised of members appointed by the department, to
  295  make recommendations regarding the development of a statewide
  296  threat assessment database. The database must allow authorized
  297  public school personnel to enter information related to any
  298  threat assessment conducted at their respective schools using
  299  the instrument developed by the office pursuant to subsection
  300  (14), and must provide such information to authorized personnel
  301  in each school district and public school and to appropriate
  302  stakeholders. By December 31, 2019, the workgroup shall provide
  303  a report to the office with recommendations that include, but
  304  need not be limited to:
  305         (a) Threat assessment data that should be required to be
  306  entered into the database.
  307         (b) School district and public school personnel who should
  308  be allowed to input student records to the database and view
  309  such records.
  310         (c) Database design and functionality, to include data
  311  security.
  312         (d) Restrictions and authorities on information sharing,
  313  including:
  314         1. Section 1002.22 and other applicable state laws.
  315         2. The Family Educational Rights and Privacy Act (FERPA),
  316  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
  317  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
  318  45 C.F.R. part 164, subpart E; and other applicable federal
  319  laws.
  320         3.The appropriateness of interagency agreements that will
  321  allow law enforcement to view database records.
  322         (e) The cost to develop and maintain a statewide online
  323  database.
  324         (f) An implementation plan and timeline for the workgroup
  325  recommendations.
  326         (16)Monitor compliance with requirements relating to
  327  school safety by school districts and public schools, including
  328  charter schools. The office shall report incidents of
  329  noncompliance to the commissioner pursuant to 1001.11(9) and the
  330  state board pursuant to s. 1008.32 and other requirements of
  331  law, as appropriate.
  332         (17) Review and approve each district school board’s and
  333  charter school governing board’s active assailant response
  334  policy submitted pursuant to ss. 1006.07(6)(c) and
  335  1002.33(16)(b). The office shall report any policy deficiencies
  336  or issues of noncompliance to the commissioner pursuant to
  337  1001.11(9) and the state board pursuant to s. 1008.32 and other
  338  requirements of law, as appropriate.
  339         Section 6. Paragraph (b) of subsection (16) of section
  340  1002.33, Florida Statutes, is amended, to read:
  341         1002.33 Charter schools.—
  342         (16) EXEMPTION FROM STATUTES.—
  343         (b) Additionally, a charter school shall be in compliance
  344  with the following statutes:
  345         1. Section 286.011, relating to public meetings and
  346  records, public inspection, and criminal and civil penalties.
  347         2. Chapter 119, relating to public records.
  348         3. Section 1003.03, relating to the maximum class size,
  349  except that the calculation for compliance pursuant to s.
  350  1003.03 shall be the average at the school level.
  351         4. Section 1012.22(1)(c), relating to compensation and
  352  salary schedules.
  353         5. Section 1012.33(5), relating to workforce reductions.
  354         6. Section 1012.335, relating to contracts with
  355  instructional personnel hired on or after July 1, 2011.
  356         7. Section 1012.34, relating to the substantive
  357  requirements for performance evaluations for instructional
  358  personnel and school administrators.
  359         8.Section 1006.12, relating to safe-school officers.
  360         9. Section 1006.07(7), relating to threat assessment teams.
  361         10.Section 1006.07(9), relating to School Environmental
  362  Safety Incident Reporting.
  363         11.Section 1006.1493, relating to Florida Safe School
  364  Assessment Tool.
  365         12. Section 1006.07(6)(c), relating to adopting an active
  366  assailant response policy.
  367         13. Section 943.082(4)(b), relating to the mobile
  368  suspicious activity reporting tool.
  369         14.Section 1012.584, relating to youth mental health
  370  awareness and assistance training.
  371         Section 7. Paragraph (c) of subsection (1) of section
  372  1006.04, Florida Statutes, is amended to read:
  373         1006.04 Educational multiagency services for students with
  374  severe emotional disturbance.—
  375         (1) 
  376         (c) The multiagency network shall:
  377         1. Support and represent the needs of students in each
  378  school district in joint planning with fiscal agents of
  379  children’s mental health funds, including the expansion of
  380  school-based mental health services, transition services, and
  381  integrated education and treatment programs.
  382         2. Improve coordination of services for children with or at
  383  risk of emotional or behavioral disabilities and their families:
  384         a. By assisting multi-agency collaborative initiatives to
  385  identify critical issues and barriers of mutual concern and
  386  develop local response systems that increase home and school
  387  connections and family engagement.
  388         b. To provide that children who are referred for an
  389  evaluation or screening to determine eligibility for services
  390  receive the appropriate evaluation or screening within 45 days
  391  after the referral. Students who are eligible for services, and
  392  their families, must be provided a referral for the appropriate
  393  services within 30 days after completion of the evaluation or
  394  screening.
  395         3. Increase parent and youth involvement and development
  396  with local systems of care.
  397         4. Facilitate student and family access to effective
  398  services and programs for students with and at risk of emotional
  399  or behavioral disabilities that include necessary educational,
  400  residential, and mental health treatment services, enabling
  401  these students to learn appropriate behaviors, reduce
  402  dependency, and fully participate in all aspects of school and
  403  community living.
  404         Section 8. Subsection (6) and subsection (7) of section
  405  1006.07, Florida Statutes, are amended, and subsection (9) is
  406  added to that section, to read:
  407         1006.07 District school board duties relating to student
  408  discipline and school safety.—The district school board shall
  409  provide for the proper accounting for all students, for the
  410  attendance and control of students at school, and for proper
  411  attention to health, safety, and other matters relating to the
  412  welfare of students, including:
  413         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  414  school superintendent shall establish policies and procedures
  415  for the prevention of violence on school grounds, including the
  416  assessment of and intervention with individuals whose behavior
  417  poses a threat to the safety of the school community.
  418         (a) Each district school superintendent shall designate a
  419  school administrator as a school safety specialist for the
  420  district. The school safety specialist must earn a certificate
  421  of completion of the school safety specialist training provided
  422  by the Office of Safe Schools within 1 year after appointment
  423  and is responsible for the supervision and oversight for all
  424  school safety and security personnel, policies, and procedures
  425  in the school district. The school safety specialist shall:
  426         1. Review policies and procedures for compliance with state
  427  law and rules.
  428         2. Provide the necessary training and resources to students
  429  and school district staff in matters relating to youth mental
  430  health awareness and assistance; emergency procedures, including
  431  active shooter training; and school safety and security.
  432         3. Serve as the school district liaison with local public
  433  safety agencies and national, state, and community agencies and
  434  organizations in matters of school safety and security.
  435         4. Conduct a school security risk assessment in accordance
  436  with s. 1006.1493 at each public school using the school
  437  security risk assessment tool developed by the Office of Safe
  438  Schools. The security risk assessment must be completed in
  439  conjunction with appropriate municipal or county first
  440  responders, as defined in s. 112.1815(1). Based on the
  441  assessment findings, the district’s school safety specialist
  442  shall provide recommendations to the district school board which
  443  identify strategies and activities that the district school
  444  board should implement in order to improve school safety and
  445  security. Annually, each district school board must receive such
  446  findings and the school safety specialist’s recommendations at a
  447  publicly noticed district school board meeting to provide the
  448  public an opportunity to hear the district school board members
  449  discuss and take action on the findings and recommendations.
  450  Each school safety specialist shall report such findings and
  451  school board action to the Office of Safe Schools within 30 days
  452  after the district school board meeting.
  453         (b) Each school safety specialist shall coordinate with the
  454  appropriate public safety agencies, as defined in s. 365.171,
  455  that are designated as first responders to a school’s campus to
  456  conduct a tour of such campus once every 3 years and provide
  457  recommendations related to school safety. The recommendations by
  458  the public safety agencies must be considered as part of the
  459  recommendations by the school safety specialist pursuant to
  460  paragraph (a).
  461         (c)Each district school board must adopt a well-developed,
  462  written, distributed, and trained upon active assailant response
  463  policy, which must be recommended by the district
  464  superintendent. The superintendent must approve any school
  465  specific modifications to the district policy. Each district
  466  school board’s active assailant response policy, including
  467  school-specific modifications, must be submitted to the Office
  468  of Safe Schools for approval pursuant to s. 1001.212(17) by
  469  August 1, 2019.
  470         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  471  shall adopt policies for the establishment of threat assessment
  472  teams at each school whose duties include the coordination of
  473  resources and assessment and intervention with individuals whose
  474  behavior may pose a threat to the safety of school staff or
  475  students consistent with the model policies developed by the
  476  Office of Safe Schools. Such policies must shall include
  477  procedures for referrals to mental health services identified by
  478  the school district pursuant to s. 1012.584(4), when
  479  appropriate, and procedures for behavioral threat assessments in
  480  compliance with the instrument developed pursuant to s.
  481  1001.212(14).
  482         (a) A threat assessment team shall include persons with
  483  expertise in counseling, instruction, school administration, and
  484  law enforcement. The threat assessment teams shall identify
  485  members of the school community to whom threatening behavior
  486  should be reported and provide guidance to students, faculty,
  487  and staff regarding recognition of threatening or aberrant
  488  behavior that may represent a threat to the community, school,
  489  or self. Upon the availability of the behavioral threat
  490  assessment instrument developed pursuant to s. 1001.212(14), the
  491  threat assessment team shall use that instrument.
  492         (b) Upon a preliminary determination that a student poses a
  493  threat of violence or physical harm to himself or herself or
  494  others, a threat assessment team shall immediately report its
  495  determination to the superintendent or his or her designee. The
  496  superintendent or his or her designee shall immediately attempt
  497  to notify the student’s parent or legal guardian. Nothing in
  498  this subsection shall preclude school district personnel from
  499  acting immediately to address an imminent threat.
  500         (c) Upon a preliminary determination by the threat
  501  assessment team that a student poses a threat of violence to
  502  himself or herself or others or exhibits significantly
  503  disruptive behavior or need for assistance, the threat
  504  assessment team may obtain criminal history record information,
  505  as provided in s. 985.047. A member of a threat assessment team
  506  may not disclose any criminal history record information
  507  obtained pursuant to this section or otherwise use any record of
  508  an individual beyond the purpose for which such disclosure was
  509  made to the threat assessment team.
  510         (d) Notwithstanding any other provision of law, all state
  511  and local agencies and programs that provide services to
  512  students experiencing or at risk of an emotional disturbance or
  513  a mental illness, including the school districts, school
  514  personnel, state and local law enforcement agencies, the
  515  Department of Juvenile Justice, the Department of Children and
  516  Families, the Department of Health, the Agency for Health Care
  517  Administration, the Agency for Persons with Disabilities, the
  518  Department of Education, the Statewide Guardian Ad Litem Office,
  519  and any service or support provider contracting with such
  520  agencies, may share with each other records or information that
  521  are confidential or exempt from disclosure under chapter 119 if
  522  the records or information are reasonably necessary to ensure
  523  access to appropriate services for the student or to ensure the
  524  safety of the student or others. All such state and local
  525  agencies and programs shall communicate, collaborate, and
  526  coordinate efforts to serve such students.
  527         (e) If an immediate mental health or substance abuse crisis
  528  is suspected, school personnel shall follow policies established
  529  by the threat assessment team to engage behavioral health crisis
  530  resources. Behavioral health crisis resources, including, but
  531  not limited to, mobile crisis teams and school resource officers
  532  trained in crisis intervention, shall provide emergency
  533  intervention and assessment, make recommendations, and refer the
  534  student for appropriate services. Onsite school personnel shall
  535  report all such situations and actions taken to the threat
  536  assessment team, which shall contact the other agencies involved
  537  with the student and any known service providers to share
  538  information and coordinate any necessary followup actions.
  539         (f) Each threat assessment team established pursuant to
  540  this subsection shall report quantitative data on its activities
  541  to the Office of Safe Schools in accordance with guidance from
  542  the office and shall utilize the threat assessment database
  543  developed pursuant to s. 1001.212(15) upon the availability of
  544  the database.
  546  district school board shall adopt policies to ensure the
  547  accurate and timely reporting of incidents related to school
  548  safety and discipline. The district school superintendent is
  549  responsible for school environmental safety incident reporting.
  550  A district school superintendent who fails to comply with this
  551  subsection is subject to the penalties specified in law,
  552  including, but not limited to, s. 1001.42(13)(b) or s.
  553  1001.51(12)(b), as applicable. The State Board of Education
  554  shall adopt rules establishing the requirements for the school
  555  environmental safety incident report.
  556         Section 9. Section 1006.12, Florida Statutes, is amended to
  557  read:
  558         1006.12 Safe-school officers at each public school.—For the
  559  protection and safety of school personnel, property, students,
  560  and visitors, each district school board, and school district
  561  superintendent, and charter school governing board, as
  562  applicable, shall partner with law enforcement agencies to
  563  establish or assign one or more safe-school officers at each
  564  school facility within the district by implementing any
  565  combination of the following options which best meets the needs
  566  of the school district:
  567         (1) Establish school resource officer programs, through a
  568  cooperative agreement with law enforcement agencies.
  569         (a) School resource officers shall undergo criminal
  570  background checks, drug testing, and a psychological evaluation
  571  and be certified law enforcement officers, as defined in s.
  572  943.10(1), who are employed by a law enforcement agency as
  573  defined in s. 943.10(4). The powers and duties of a law
  574  enforcement officer shall continue throughout the employee’s
  575  tenure as a school resource officer.
  576         (b) School resource officers shall abide by district school
  577  board policies and shall consult with and coordinate activities
  578  through the school principal, but shall be responsible to the
  579  law enforcement agency in all matters relating to employment,
  580  subject to agreements between a district school board and a law
  581  enforcement agency. Activities conducted by the school resource
  582  officer which are part of the regular instructional program of
  583  the school shall be under the direction of the school principal.
  584         (c) Complete mental health crisis intervention training
  585  using a curriculum developed by a national organization with
  586  expertise in mental health crisis intervention. The training
  587  shall improve officers’ knowledge and skills as first responders
  588  to incidents involving students with emotional disturbance or
  589  mental illness, including de-escalation skills to ensure student
  590  and officer safety.
  591         (2) Commission one or more school safety officers for the
  592  protection and safety of school personnel, property, and
  593  students within the school district. The district school
  594  superintendent may recommend, and the district school board may
  595  appoint, one or more school safety officers.
  596         (a) School safety officers shall undergo criminal
  597  background checks, drug testing, and a psychological evaluation
  598  and be law enforcement officers, as defined in s. 943.10(1),
  599  certified under the provisions of chapter 943 and employed by
  600  either a law enforcement agency or by the district school board.
  601  If the officer is employed by the district school board, the
  602  district school board is the employing agency for purposes of
  603  chapter 943, and must comply with the provisions of that
  604  chapter.
  605         (b) A school safety officer has and shall exercise the
  606  power to make arrests for violations of law on district school
  607  board property and to arrest persons, whether on or off such
  608  property, who violate any law on such property under the same
  609  conditions that deputy sheriffs are authorized to make arrests.
  610  A school safety officer has the authority to carry weapons when
  611  performing his or her official duties.
  612         (c) A district school board may enter into mutual aid
  613  agreements with one or more law enforcement agencies as provided
  614  in chapter 23. A school safety officer’s salary may be paid
  615  jointly by the district school board and the law enforcement
  616  agency, as mutually agreed to.
  617         (3) At the school district’s, or charter school governing
  618  board’s, discretion, participate in the Coach Aaron Feis
  619  Guardian Program if such program is established pursuant to s.
  620  30.15, to meet the requirement of establishing a safe-school
  621  officer. The following individuals may serve as a school
  622  guardian upon satisfactory completion of the requirements under
  623  s. 30.15(1)(k) and certification by a sheriff:
  624         (a) A school district employee or personnel, as defined
  625  under s. 1012.01, or a charter school employee, as provided
  626  under s. 1002.33(12)(a), who volunteers to serve as a school
  627  guardian in addition to his or her official job duties;
  628         (b) An employee of a school district or a charter school
  629  who is hired for the specific purpose of serving as a school
  630  guardian; or
  631         (c) A contract employee licensed under s. 493.6301 who
  632  works in the school district or for a charter school through a
  633  contract with a security agency as that term is defined in s.
  634  493.6101(18). Contract employees may receive school guardian
  635  training through a participating sheriff’s office contingent
  636  upon defined financial or service obligations by the security
  637  agency enumerated in the contract between the school district or
  638  the charter school governing board, as appropriate, and the
  639  security agency.
  640         (4) Any information that would identify whether a
  641  particular individual has been appointed as a safe-school
  642  officer pursuant to this section held by a law enforcement
  643  agency, school district, or charter school is exempt from s.
  644  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  645  subsection is subject to the Open Government Sunset Review Act
  646  in accordance with s. 119.15 and shall stand repealed on October
  647  2, 2023, unless reviewed and saved from repeal through
  648  reenactment by the Legislature.
  649         Section 10. Section 1006.1493, Florida Statutes, is amended
  650  to read:
  651         1006.1493 Florida Safe Schools Assessment Tool.—
  652         (1) The department, through the Office of Safe Schools
  653  pursuant s. 1001.212, shall contract with a security consulting
  654  firm that specializes in the development of risk assessment
  655  software solutions and has experience in conducting security
  656  assessments of public facilities to develop, update, and
  657  implement a risk assessment tool, which shall be known as the
  658  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
  659  the primary physical site security assessment tool as revised
  660  and required by the Office of Safe Schools that is used by
  661  school officials at each school district and public school site
  662  in the state in conducting security assessments for use by
  663  school officials at each school district and public school site
  664  in the state.
  665         (2) The FSSAT must help school officials identify threats,
  666  vulnerabilities, and appropriate safety controls for the schools
  667  that they supervise, pursuant to the security risk assessment
  668  requirements of s. 1006.07(6).
  669         (a) At a minimum, the FSSAT must address all of the
  670  following components:
  671         1. School emergency and crisis preparedness planning;
  672         2. Security, crime, and violence prevention policies and
  673  procedures;
  674         3. Physical security measures;
  675         4. Professional development training needs;
  676         5. An examination of support service roles in school
  677  safety, security, and emergency planning;
  678         6. School security and school police staffing, operational
  679  practices, and related services;
  680         7. School and community collaboration on school safety; and
  681         8. A return on investment analysis of the recommended
  682  physical security controls.
  683         (b) The department shall require by contract that the
  684  security consulting firm:
  685         1. Generate written automated reports on assessment
  686  findings for review by the department and school and district
  687  officials;
  688         2. Provide training to the department and school officials
  689  in the use of the FSSAT and other areas of importance identified
  690  by the department; and
  691         3. Advise in the development and implementation of
  692  templates, formats, guidance, and other resources necessary to
  693  facilitate the implementation of this section at state,
  694  district, school, and local levels.
  695         (3) The Office of Safe Schools must provide annual training
  696  to each district’s school safety specialist and other
  697  appropriate school district personnel on the assessment of
  698  physical site security and completing the FSSAT.
  699         (4) Each district school superintendent, by August 1 of
  700  each year, shall submit an FSSAT assessment to the department
  701  for each school site. Each school-specific assessment must be
  702  approved by the district superintendent or his or her designee,
  703  who must be the district’s school safety specialist or a deputy
  704  superintendent or assistant superintendent. Any superintendent
  705  who fails to comply with the requirements of this subsection is
  706  subject to penalties under s. 1001.51(12)(b) and other sanctions
  707  that may be applied by the commissioner or state board.
  708         (5)By December 1 of each year, By December 1, 2018, and
  709  annually by that date thereafter, the department shall must
  710  report to the Governor, the President of the Senate, and the
  711  Speaker of the House of Representatives on the status of
  712  implementation across school districts and schools. The report
  713  must include a summary of the positive school safety measures in
  714  place at the time of the assessment and any recommendations for
  715  policy changes or funding needed to facilitate continued school
  716  safety planning, improvement, and response at the state,
  717  district, or school levels.
  718         (6)(4) In accordance with ss. 119.071(3)(a) and 281.301,
  719  data and information related to security risk assessments
  720  administered pursuant to this section and s. 1006.07(6) and the
  721  security information contained in the annual report required
  722  pursuant to subsection (3) are confidential and exempt from
  723  public records requirements.
  724         Section 11. Subsection (15) of section 1011.62, Florida
  725  Statutes, is amended to read:
  726         1011.62 Funds for operation of schools.—If the annual
  727  allocation from the Florida Education Finance Program to each
  728  district for operation of schools is not determined in the
  729  annual appropriations act or the substantive bill implementing
  730  the annual appropriations act, it shall be determined as
  731  follows:
  732         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  733  created to provide funding to assist school districts in their
  734  compliance with s. 1006.07, with priority given to implementing
  735  the district’s school resource officer program pursuant to s.
  736  1006.12. Each school district shall receive a minimum safe
  737  schools allocation in an amount provided in the General
  738  Appropriations Act. Of the remaining balance of the safe schools
  739  allocation, two-thirds shall be allocated to school districts
  740  based on the most recent official Florida Crime Index provided
  741  by the Department of Law Enforcement and one-third shall be
  742  allocated based on each school district’s proportionate share of
  743  the state’s total unweighted full-time equivalent student
  744  enrollment. Any additional funds appropriated to this allocation
  745  in the 2018-2019 fiscal year must to the school resource officer
  746  program established pursuant to s. 1006.12 shall be used
  747  exclusively for employing or contracting for safe-school
  748  resource officers, established or assigned under s. 1006.12
  749  which shall be in addition to the number of officers employed or
  750  contracted for in the 2017-2018 fiscal year. This subsection
  751  applies retroactively to July 1, 2018. The amendments to this
  752  subsection are intended to be clarifying and remedial in nature.
  753         Section 12. Effective July 1, 2019, paragraph (b) of
  754  subsection (6) of section 1011.62, Florida Statutes, and
  755  subsection (15) of that section, as amended by this act, are
  756  amended to read:
  757         1011.62 Funds for operation of schools.—If the annual
  758  allocation from the Florida Education Finance Program to each
  759  district for operation of schools is not determined in the
  760  annual appropriations act or the substantive bill implementing
  761  the annual appropriations act, it shall be determined as
  762  follows:
  763         (6) CATEGORICAL FUNDS.—
  764         (b) If a district school board finds and declares in a
  765  resolution adopted at a regular meeting of the school board that
  766  the funds received for any of the following categorical
  767  appropriations are urgently needed to maintain school board
  768  specified academic classroom instruction or improve school
  769  safety, the school board may consider and approve an amendment
  770  to the school district operating budget transferring the
  771  identified amount of the categorical funds to the appropriate
  772  account for expenditure:
  773         1. Funds for student transportation.
  774         2. Funds for research-based reading instruction if the
  775  required additional hour of instruction beyond the normal school
  776  day for each day of the entire school year has been provided for
  777  the students in each low-performing elementary school in the
  778  district pursuant to paragraph (9)(a).
  779         3. Funds for instructional materials if all instructional
  780  material purchases necessary to provide updated materials that
  781  are aligned with applicable state standards and course
  782  descriptions and that meet statutory requirements of content and
  783  learning have been completed for that fiscal year, but no sooner
  784  than March 1. Funds available after March 1 may be used to
  785  purchase hardware for student instruction.
  786         4.Funds for the guaranteed allocation as provided in
  787  subparagraph (1)(e)2.
  788         5.Funds for the supplemental academic instruction
  789  allocation as provided in paragraph (1)(f).
  790         6. Funds for Florida digital classrooms allocation as
  791  provided in subsection (12).
  792         7. Funds for the federally connected student supplement as
  793  provided in subsection (13).
  794         8. Funds for class size reduction as provided in s.
  795  1011.685.
  796         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
  797  created to provide funding to assist school districts in their
  798  compliance with s. 1006.07, with priority given to implementing
  799  the district’s school resource officer program pursuant to s.
  800  1006.12. Each school district shall receive a minimum safe
  801  schools allocation in an amount provided in the General
  802  Appropriations Act. Of the remaining balance of the safe schools
  803  allocation, one-third two-thirds shall be allocated to school
  804  districts based on the most recent official Florida Crime Index
  805  provided by the Department of Law Enforcement and two-thirds
  806  one-third shall be allocated based on each school district’s
  807  proportionate share of the state’s total unweighted full-time
  808  equivalent student enrollment. Any additional funds appropriated
  809  to this allocation in the 2018-2019 fiscal year must be used
  810  exclusively for employing or contracting for safe-school
  811  officers, established or assigned under s. 1006.12. This
  812  subsection applies retroactively to July 1, 2018. The amendments
  813  to this subsection are intended to be clarifying and remedial in
  814  nature.
  815         Section 13. The Legislature finds that a proper and
  816  legitimate state purpose is served when district school boards
  817  are afforded options for the provision of safe-school officers
  818  for the protection and safety of school personnel, property,
  819  students, and visitors. School guardians must be available to
  820  any district school board that chooses such an option.
  821  Therefore, the Legislature determines and declares that this act
  822  fulfills an important state interest.
  823         Section 14. Except as otherwise expressly provided in this
  824  act, this act shall take effect upon becoming a law.