Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS/HB 7065, 2nd Eng.
Ì453174+Î453174
LEGISLATIVE ACTION
Senate . House
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Senator Lee moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 135 - 618
4 and insert:
5 district school board or charter school has failed to comply
6 with the requirements relating to school safety and security,
7 the commissioner shall issue a notice of noncompliance to the
8 applicable school which identifies each violation, and require
9 the school to comply with law within 30 calendar days. If the
10 school does not become compliant within 30 days after the
11 mailing of the notice, the commissioner shall recommend to the
12 state board for approval the withholding of specified funds for
13 the applicable school until the school becomes compliant. A
14 district school board may not be held responsible for the
15 failure of a charter school’s compliance with school safety
16 requirements specified in law. The commissioner must facilitate
17 compliance to the maximum extent provided under law, identify
18 incidents of noncompliance, and impose or recommend to the State
19 Board of Education, the Governor, or the Legislature enforcement
20 and sanctioning actions pursuant to s. 1008.32 and other
21 authority granted under law.
22 Section 5. Paragraph (e) of subsection (4) of section
23 1001.20, Florida Statutes, is amended to read:
24 1001.20 Department under direction of state board.—
25 (4) The Department of Education shall establish the
26 following offices within the Office of the Commissioner of
27 Education which shall coordinate their activities with all other
28 divisions and offices:
29 (e) Office of Inspector General.—Organized using existing
30 resources and funds and responsible for promoting
31 accountability, efficiency, and effectiveness and detecting
32 fraud and abuse within school districts, the Florida School for
33 the Deaf and the Blind, and Florida College System institutions
34 in Florida. If the Commissioner of Education determines that a
35 district school board, the Board of Trustees for the Florida
36 School for the Deaf and the Blind, or a Florida College System
37 institution board of trustees is unwilling or unable to address
38 substantiated allegations made by any person relating to waste,
39 fraud, or financial mismanagement within the school district,
40 the Florida School for the Deaf and the Blind, or the Florida
41 College System institution, the office shall conduct,
42 coordinate, or request investigations into such substantiated
43 allegations. If the Commissioner of Education determines that a
44 district school board or charter school principal is unwilling
45 or unable to address substantiated allegations made by any
46 person relating to compliance with the requirements relating to
47 school safety and security, the office shall conduct,
48 coordinate, or request investigations into such substantiated
49 allegations. The office shall investigate allegations or reports
50 of possible fraud or abuse against a district school board made
51 by any member of the Cabinet; the presiding officer of either
52 house of the Legislature; a chair of a substantive or
53 appropriations committee with jurisdiction; or a member of the
54 board for which an investigation is sought. The office shall
55 have access to all information and personnel necessary to
56 perform its duties and shall have all of its current powers,
57 duties, and responsibilities authorized in s. 20.055. The office
58 may issue and serve subpoenas and subpoenas duces tecum to
59 compel the attendance of witnesses and the production of
60 documents, reports, answers, records, accounts, and other data
61 in any medium. In the event of noncompliance with a subpoena or
62 a subpoena duces tecum issued under this paragraph, the
63 inspector general may petition the circuit court of the county
64 in which the subpoenaed person resides or has his or her
65 principal place of business for an order requiring the
66 subpoenaed person to appear and testify and to produce
67 documents, reports, answers, records, accounts, or other data as
68 specified in the subpoena or subpoena duces tecum.
69 Section 6. Subsections (14) and (15) of section 1001.212,
70 Florida Statutes, are renumbered as subsections (15) and (16),
71 respectively, subsections (2), (6), and (8) are amended, and a
72 new subsection (14) is added to that section, to read:
73 1001.212 Office of Safe Schools.—There is created in the
74 Department of Education the Office of Safe Schools. The office
75 is fully accountable to the Commissioner of Education. The
76 office shall serve as a central repository for best practices,
77 training standards, and compliance oversight in all matters
78 regarding school safety and security, including prevention
79 efforts, intervention efforts, and emergency preparedness
80 planning. The office shall:
81 (2) Provide ongoing professional development opportunities
82 to school district and charter school personnel.
83 (6) Coordinate with the Department of Law Enforcement to
84 provide a unified search tool, known as the Florida School
85 Safety Portal, centralized integrated data repository and data
86 analytics resources to improve access to timely, complete, and
87 accurate information integrating data from, at a minimum, but
88 not limited to, the following data sources by August 1, 2019:
89 (a) Social media Internet posts;
90 (b) Department of Children and Families;
91 (c) Department of Law Enforcement;
92 (d) Department of Juvenile Justice;
93 (e) Mobile suspicious activity reporting tool known as
94 FortifyFL;
95 (f) School environmental safety incident reports collected
96 under subsection (8); and
97 (g) Local law enforcement.
98
99 Data that is exempt or confidential and exempt from public
100 records requirements retains its exempt or confidential and
101 exempt status when incorporated into the centralized integrated
102 data repository. To maintain the confidentiality requirements
103 attached to the information provided to the centralized
104 integrated data repository by the various state and local
105 agencies, data governance and security shall ensure compliance
106 with all applicable state and federal data privacy requirements
107 through the use of user authorization and role-based security,
108 data anonymization and aggregation and auditing capabilities. To
109 maintain the confidentiality requirements attached to the
110 information provided to the centralized integrated data
111 repository by the various state and local agencies, each source
112 agency providing data to the repository shall be the sole
113 custodian of the data for the purpose of any request for
114 inspection or copies thereof under chapter 119. The department
115 shall only allow access to data from the source agencies in
116 accordance with rules adopted by the respective source agencies
117 and the requirements of the Federal Bureau of Investigation
118 Criminal Justice Information Services security policy, where
119 applicable.
120 (8) Provide technical assistance to school districts and
121 charter school governing boards for school environmental safety
122 incident reporting as required under s. 1006.07(9). The office
123 shall collect data through school environmental safety incident
124 reports on incidents involving any person which occur on school
125 premises, on school transportation, and at off-campus, school
126 sponsored events. The office shall review and evaluate school
127 district reports to ensure compliance with reporting
128 requirements. Upon notification by the department that a
129 superintendent has failed to comply with the requirements of s.
130 1006.07(9), the district school board shall withhold further
131 payment of his or her salary as authorized under s.
132 1001.42(13)(b) and impose other appropriate sanctions that the
133 commissioner or state board by law may impose.
134 (14) Develop, in coordination with the Division of
135 Emergency Management, other federal, state, and local law
136 enforcement agencies, fire and rescue agencies, and first
137 responder agencies, a model family reunification plan for use by
138 child care facilities, public K-12 schools, and public
139 postsecondary institutions that are closed or unexpectedly
140 evacuated due to a natural or manmade disaster.
141 Section 7. Paragraph (c) of subsection (8) of section
142 1002.33, Florida Statutes, is amended to read:
143 1002.33 Charter schools.—
144 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
145 (c) A charter may be terminated immediately if the sponsor
146 sets forth in writing the particular facts and circumstances
147 demonstrating indicating that an immediate and serious danger to
148 the health, safety, or welfare of the charter school’s students
149 exists, that the immediate and serious danger is likely to
150 continue, and that an immediate termination of the charter is
151 necessary. The sponsor’s determination is subject to the
152 procedures set forth in paragraph (b), except that the hearing
153 may take place after the charter has been terminated. The
154 sponsor shall notify in writing the charter school’s governing
155 board, the charter school principal, and the department of the
156 facts and circumstances supporting the emergency termination if
157 a charter is terminated immediately. The sponsor shall clearly
158 identify the specific issues that resulted in the immediate
159 termination and provide evidence of prior notification of issues
160 resulting in the immediate termination, if applicable when
161 appropriate. Upon receiving written notice from the sponsor, the
162 charter school’s governing board has 10 calendar days to request
163 a hearing. A requested hearing must be expedited and the final
164 order must be issued within 60 days after the date of request.
165 The sponsor shall assume operation of the charter school
166 throughout the pendency of the hearing under paragraph (b)
167 unless the continued operation of the charter school would
168 materially threaten the health, safety, or welfare of the
169 students. Failure by the sponsor to assume and continue
170 operation of the charter school shall result in the awarding of
171 reasonable costs and attorney’s fees to the charter school if
172 the charter school prevails on appeal.
173 Section 8. Paragraph (a) of subsection (4) and paragraph
174 (a) of subsection (7) of section 1006.07, Florida Statutes, are
175 amended, and paragraphs (n) and (o) are added to subsection (2)
176 and paragraph (d) is added to subsection (6) of that section, to
177 read:
178 1006.07 District school board duties relating to student
179 discipline and school safety.—The district school board shall
180 provide for the proper accounting for all students, for the
181 attendance and control of students at school, and for proper
182 attention to health, safety, and other matters relating to the
183 welfare of students, including:
184 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
185 conduct for elementary schools and a code of student conduct for
186 middle and high schools and distribute the appropriate code to
187 all teachers, school personnel, students, and parents, at the
188 beginning of every school year. Each code shall be organized and
189 written in language that is understandable to students and
190 parents and shall be discussed at the beginning of every school
191 year in student classes, school advisory council meetings, and
192 parent and teacher association or organization meetings. Each
193 code shall be based on the rules governing student conduct and
194 discipline adopted by the district school board and shall be
195 made available in the student handbook or similar publication.
196 Each code shall include, but is not limited to:
197 (n) Criteria for recommending to law enforcement that a
198 student who commits a criminal offense be allowed to participate
199 in a civil citation or similar prearrest diversion program as an
200 alternative to expulsion or arrest. All civil citation or
201 similar prearrest diversion programs must comply with s. 985.12.
202 (o) Criteria for assigning a student who commits a petty
203 act of misconduct, as defined by the district school board
204 pursuant to s. 1006.13(2)(c), to a school-based intervention
205 program. A student’s participation in a school-based
206 intervention program may not be entered into the Juvenile
207 Justice Information System Prevention Web.
208 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
209 (a) Formulate and prescribe policies and procedures, in
210 consultation with the appropriate public safety agencies, for
211 emergency drills and for actual emergencies, including, but not
212 limited to, fires, natural disasters, active shooter and hostage
213 situations, and bomb threats, for all students and faculty at
214 all public schools of the district comprised of grades K-12.
215 Drills for active shooter and hostage situations shall be
216 conducted in accordance with developmentally appropriate and
217 age-appropriate procedures at least as often as other emergency
218 drills. District school board policies shall include commonly
219 used alarm system responses for specific types of emergencies
220 and verification by each school that drills have been provided
221 as required by law and fire protection codes and may provide
222 accommodations for drills conducted by ESE centers. The
223 emergency response policy shall identify the individuals
224 responsible for contacting the primary emergency response agency
225 and the emergency response agency that is responsible for
226 notifying the school district for each type of emergency.
227 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
228 school superintendent shall establish policies and procedures
229 for the prevention of violence on school grounds, including the
230 assessment of and intervention with individuals whose behavior
231 poses a threat to the safety of the school community.
232 (d) Each district school board and charter school governing
233 board must adopt, in coordination with local law enforcement
234 agencies, a family reunification plan to reunite students and
235 employees with their families in the event that a school is
236 closed or unexpectedly evacuated due to a natural or manmade
237 disaster.
238 (7) THREAT ASSESSMENT TEAMS.—Each district school board
239 shall adopt policies for the establishment of threat assessment
240 teams at each school whose duties include the coordination of
241 resources and assessment and intervention with individuals whose
242 behavior may pose a threat to the safety of school staff or
243 students consistent with the model policies developed by the
244 Office of Safe Schools. Such policies must include procedures
245 for referrals to mental health services identified by the school
246 district pursuant to s. 1012.584(4), when appropriate, and
247 procedures for behavioral threat assessments in compliance with
248 the instrument developed pursuant to s. 1001.212(12).
249 (a) A threat assessment team shall include persons with
250 expertise in counseling, instruction, school administration, and
251 law enforcement. Members of the threat assessment team must be
252 involved in the threat assessment process and final decision.
253 The threat assessment teams shall identify members of the school
254 community to whom threatening behavior should be reported and
255 provide guidance to students, faculty, and staff regarding
256 recognition of threatening or aberrant behavior that may
257 represent a threat to the community, school, or self. Upon the
258 availability of the behavioral threat assessment instrument
259 developed pursuant to s. 1001.212(12), the threat assessment
260 team shall use that instrument.
261 Section 9. Section 1006.12, Florida Statutes, is amended to
262 read:
263 1006.12 Safe-school officers at each public school.—For the
264 protection and safety of school personnel, property, students,
265 and visitors, each district school board and school district
266 superintendent shall partner with law enforcement agencies or
267 security agencies to establish or assign one or more safe-school
268 officers at each school facility within the district, including
269 charter schools. A district school board must collaborate with
270 charter school governing boards to facilitate charter school
271 access to all safe-school officer options available under this
272 section. The school district may implement any combination of
273 the options in subsections (1)-(4) to best meet the needs of the
274 school district and charter schools.
275 (1) SCHOOL RESOURCE OFFICER.—A school district may
276 establish school resource officer programs through a cooperative
277 agreement with law enforcement agencies.
278 (a) School resource officers shall undergo criminal
279 background checks, drug testing, and a psychological evaluation
280 and be certified law enforcement officers, as defined in s.
281 943.10(1), who are employed by a law enforcement agency as
282 defined in s. 943.10(4). The powers and duties of a law
283 enforcement officer shall continue throughout the employee’s
284 tenure as a school resource officer.
285 (b) School resource officers shall abide by district school
286 board policies and shall consult with and coordinate activities
287 through the school principal, but shall be responsible to the
288 law enforcement agency in all matters relating to employment,
289 subject to agreements between a district school board and a law
290 enforcement agency. Activities conducted by the school resource
291 officer which are part of the regular instructional program of
292 the school shall be under the direction of the school principal.
293 (c) Complete mental health crisis intervention training
294 using a curriculum developed by a national organization with
295 expertise in mental health crisis intervention. The training
296 shall improve officers’ knowledge and skills as first responders
297 to incidents involving students with emotional disturbance or
298 mental illness, including de-escalation skills to ensure student
299 and officer safety.
300 (2) SCHOOL SAFETY OFFICER.—A school district may commission
301 one or more school safety officers for the protection and safety
302 of school personnel, property, and students within the school
303 district. The district school superintendent may recommend, and
304 the district school board may appoint, one or more school safety
305 officers.
306 (a) School safety officers shall undergo criminal
307 background checks, drug testing, and a psychological evaluation
308 and be law enforcement officers, as defined in s. 943.10(1),
309 certified under the provisions of chapter 943 and employed by
310 either a law enforcement agency or by the district school board.
311 If the officer is employed by the district school board, the
312 district school board is the employing agency for purposes of
313 chapter 943, and must comply with the provisions of that
314 chapter.
315 (b) A school safety officer has and shall exercise the
316 power to make arrests for violations of law on district school
317 board property or on property owned or leased by a charter
318 school under the charter contract, as applicable, and to arrest
319 persons, whether on or off such property, who violate any law on
320 such property under the same conditions that deputy sheriffs are
321 authorized to make arrests. A school safety officer has the
322 authority to carry weapons when performing his or her official
323 duties.
324 (c) A district school board may enter into mutual aid
325 agreements with one or more law enforcement agencies as provided
326 in chapter 23. A school safety officer’s salary may be paid
327 jointly by the district school board and the law enforcement
328 agency, as mutually agreed to.
329 (3) SCHOOL GUARDIAN.—At the school district’s or the
330 charter school governing board’s discretion, as applicable,
331 pursuant to s. 30.15, a school district or charter school
332 governing board may participate in the Coach Aaron Feis Guardian
333 Program to meet the requirement of establishing a safe-school
334 officer. The following individuals may serve as a school
335 guardian, in support of school-sanctioned activities for
336 purposes of s. 790.115, upon satisfactory completion of the
337 requirements under s. 30.15(1)(k) and certification by a
338 sheriff:
339 (a) A school district employee or personnel, as defined
340 under s. 1012.01, or a charter school employee, as provided
341 under s. 1002.33(12)(a), who volunteers to serve as a school
342 guardian in addition to his or her official job duties; or
343 (b) An employee of a school district or a charter school
344 who is hired for the specific purpose of serving as a school
345 guardian.
346 (4) SCHOOL SECURITY GUARD.—A school district or charter
347 school governing board may contract with a security agency as
348 defined in s. 493.6101(18) to employ as a school security guard
349 an individual who holds a Class “D” and Class “G” license
350 pursuant to chapter 493, provided the following training and
351 contractual conditions are met:
352 (a) An individual who serves as a school security guard,
353 for purposes of satisfying the requirements of this section,
354 must:
355 1. Demonstrate completion of 144 hours of required training
356 pursuant to s. 30.15(1)(k)2.
357 2. Pass a psychological evaluation administered by a
358 psychologist licensed under chapter 490 and designated by the
359 Department of Law Enforcement and submit the results of the
360 evaluation to the sheriff’s office, school district, or charter
361 school governing board, as applicable. The Department of Law
362 Enforcement is authorized to provide the sheriff’s office,
363 school district, or charter school governing board with mental
364 health and substance abuse data for compliance with this
365 paragraph.
366 3. Submit to and pass an initial drug test and subsequent
367 random drug tests in accordance with the requirements of s.
368 112.0455 and the sheriff’s office, school district, or charter
369 school governing board, as applicable.
370 4. Successfully complete ongoing training, weapon
371 inspection, and firearm qualification on at least an annual
372 basis and provide documentation to the sheriff’s office, school
373 district, or charter school governing board, as applicable.
374 (b) The contract between a security agency and a school
375 district or a charter school governing board regarding
376 requirements applicable to school security guards serving in the
377 capacity of a safe-school officer for purposes of satisfying the
378 requirements of this section shall define the entity or entities
379 responsible for training and the responsibilities for
380 maintaining records relating to training, inspection, and
381 firearm qualification.
382 (c) School security guards serving in the capacity of a
383 safe-school officer pursuant to this subsection are in support
384 of school-sanctioned activities for purposes of s. 790.115, and
385 must aid in the prevention or abatement of active assailant
386 incidents on school premises.
387 (5) NOTIFICATION.—The district school superintendent or
388 charter school administrator school district shall notify the
389 county sheriff and the Office of Safe Schools immediately after,
390 but no later than 72 hours after:
391 (a) A safe-school officer is dismissed for misconduct or is
392 otherwise disciplined.
393 (b) A safe-school officer discharges his or her firearm in
394 the exercise of the safe-school officer’s duties, other than for
395 training purposes.
396 (6) CRISIS INTERVENTION TRAINING.—Each safe-school officer
397 must complete mental health crisis intervention training using a
398 curriculum developed by a national organization with expertise
399 in mental health crisis intervention. The training shall improve
400 the officer’s knowledge and skills as a first responder to
401 incidents involving students with emotional disturbance or
402 mental illness, including de-escalation skills to ensure student
403 and officer safety.
404 (7) LIMITATIONS.—An individual must satisfy the background
405 screening, psychological evaluation, and drug test requirements
406 and be approved by the sheriff before participating in any
407 training required by s. 30.15(1)(k), which may only be conducted
408 by a sheriff.
409 (8)(6) EXEMPTION.—Any information that would identify
410 whether a particular individual has been appointed as a safe
411 school officer pursuant to this section held by a law
412 enforcement agency, school district, or charter school is exempt
413 from s. 119.07(1) and s. 24(a), Art. I of the State
414 Constitution. This subsection is subject to the Open Government
415 Sunset Review Act in accordance with s. 119.15 and shall stand
416 repealed on October 2, 2023, unless reviewed and saved from
417 repeal through reenactment by the Legislature.
418
419 If a district school board, through its adopted policies,
420 procedures, or actions, denies a charter school access to any
421 safe-school officer options pursuant to this section or if the
422 charter school notifies the school district that it is unable to
423 obtain a school resource officer or school safety officer on the
424 same terms and conditions as the school district or that its
425 employees are unable to complete guardian training in time to
426 meet the requirements of law, the school district must assign a
427 school resource officer or school safety officer to the charter
428 school. Under such circumstances, the charter school’s share of
429 the costs of the school resource officer or school safety
430 officer may not exceed the safe school allocation funds provided
431 to the charter school pursuant to s. 1011.62(15) and shall be
432 retained by the school district.
433 Section 10. Paragraph (d) is added to subsection (4) of
434 section 1006.13, Florida Statutes, to read:
435 1006.13 Policy of zero tolerance for crime and
436 victimization.—
437 (4)
438 (d)1. This paragraph may be cited as the “Kaia Rolle Act.”
439 2. The agreements must also disclose the procedures adopted
440 by the sheriff and local police department that must be used by
441 law enforcement officers before arresting any student 10 years
442 of age or younger on school grounds.
443 Section 11. Paragraph (a) of subsection (2) of section
444 1006.1493, Florida Statutes, is amended to read:
445 1006.1493 Florida Safe Schools Assessment Tool.—
446 (2) The FSSAT must help school officials identify threats,
447 vulnerabilities, and appropriate safety controls for the schools
448 that they supervise, pursuant to the security risk assessment
449 requirements of s. 1006.07(6).
450 (a) At a minimum, the FSSAT must address all of the
451 following components:
452 1. School emergency and crisis preparedness planning;
453 2. Security, crime, and violence prevention policies and
454 procedures;
455 3. Physical security measures;
456 4. Professional development training needs;
457 5. An examination of support service roles in school
458 safety, security, and emergency planning;
459 6. School security and school police staffing, operational
460 practices, and related services;
461 7. School and community collaboration on school safety; and
462 8. Policies and procedures to prepare for and respond to
463 natural and manmade disasters, including family reunification
464 plans to reunite students and employees with their families
465 after a school is closed or unexpectedly evacuated due to such
466 disasters; and
467 9.8. A return on investment analysis of the recommended
468 physical security controls.
469
470 ================= T I T L E A M E N D M E N T ================
471 And the title is amended as follows:
472 Delete lines 65 - 68
473 and insert:
474 amending s. 1011.62, F.S.;