Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 802
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Education (Gruters) recommended
       the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (9) of section 943.687, Florida
    6  Statutes, is amended to read:
    7         943.687 Marjory Stoneman Douglas High School Public Safety
    8  Commission.—
    9         (9) The commission shall submit an initial report on its
   10  findings and recommendations to the Governor, President of the
   11  Senate, and Speaker of the House of Representatives by January
   12  1, 2019, and may issue reports annually thereafter. The
   13  commission shall sunset July 1, 2025 2023, and this section is
   14  repealed on that date.
   15         Section 2. Effective October 1, 2022, paragraph (c) is
   16  added to subsection (2) of section 943.082, Florida Statutes, to
   17  read:
   18         943.082 School Safety Awareness Program.—
   19         (2) The reporting tool must notify the reporting party of
   20  the following information:
   21         (c)That if, following an investigation, it is determined
   22  that a person knowingly submitted a false tip through FortifyFL,
   23  the Internet protocol (IP) address of the device on which the
   24  tip was submitted will be provided to law enforcement agencies
   25  for further investigation, and the reporting party may be
   26  subject to criminal penalties under s. 837.05. In all other
   27  circumstances, unless the reporting party has chosen to disclose
   28  his or her identity, the report will remain anonymous.
   29         Section 3. Subsection (9) of section 1001.11, Florida
   30  Statutes, is amended to read:
   31         1001.11 Commissioner of Education; other duties.—
   32         (9) The commissioner shall oversee and enforce compliance
   33  with the requirements relating to school safety and security
   34  requirements of the Marjory Stoneman Douglas High School Public
   35  Safety Act, chapter 2018-3, Laws of Florida, by school
   36  districts; district school superintendents; and public schools,
   37  including charter schools. The commissioner must facilitate
   38  compliance to the maximum extent provided under law, identify
   39  incidents of noncompliance, and impose or recommend to the State
   40  Board of Education, the Governor, or the Legislature enforcement
   41  and sanctioning actions pursuant to s. 1008.32 and other
   42  authority granted under law.
   43         Section 4. Present subsections (14) and (15) of section
   44  1001.212, Florida Statutes, are redesignated as subsections (15)
   45  and (16), respectively, a new subsection (14) and subsection
   46  (17) are added to that section, and subsections (2) and (6) of
   47  that section are amended, to read:
   48         1001.212 Office of Safe Schools.—There is created in the
   49  Department of Education the Office of Safe Schools. The office
   50  is fully accountable to the Commissioner of Education. The
   51  office shall serve as a central repository for best practices,
   52  training standards, and compliance oversight in all matters
   53  regarding school safety and security, including prevention
   54  efforts, intervention efforts, and emergency preparedness
   55  planning. The office shall:
   56         (2) Provide ongoing professional development opportunities
   57  to school district and charter school personnel.
   58         (6) Coordinate with the Department of Law Enforcement to
   59  provide a unified search tool, known as the Florida School
   60  Safety Portal, centralized integrated data repository and data
   61  analytics resources to improve access to timely, complete, and
   62  accurate information integrating data from, at a minimum, but
   63  not limited to, the following data sources by August 1, 2019:
   64         (a) Social media Internet posts;
   65         (b) The Department of Children and Families;
   66         (c) The Department of Law Enforcement;
   67         (d) The Department of Juvenile Justice;
   68         (e) The mobile suspicious activity reporting tool known as
   69  FortifyFL;
   70         (f) School environmental safety incident reports collected
   71  under subsection (8); and
   72         (g) Local law enforcement.
   74  Data that is exempt or confidential and exempt from public
   75  records requirements retains its exempt or confidential and
   76  exempt status when incorporated into the centralized integrated
   77  data repository. To maintain the confidentiality requirements
   78  attached to the information provided to the centralized
   79  integrated data repository by the various state and local
   80  agencies, data governance and security shall ensure compliance
   81  with all applicable state and federal data privacy requirements
   82  through the use of user authorization and role-based security,
   83  data anonymization and aggregation and auditing capabilities. To
   84  maintain the confidentiality requirements attached to the
   85  information provided to the centralized integrated data
   86  repository by the various state and local agencies, each source
   87  agency providing data to the repository shall be the sole
   88  custodian of the data for the purpose of any request for
   89  inspection or copies thereof under chapter 119. The department
   90  shall only allow access to data from the source agencies in
   91  accordance with rules adopted by the respective source agencies
   92  and the requirements of the Federal Bureau of Investigation
   93  Criminal Justice Information Services security policy, where
   94  applicable.
   95         (14)Develop, in coordination with the Division of
   96  Emergency Management; other federal, state, and local law
   97  enforcement agencies; fire and rescue agencies; and first
   98  responder agencies, a model family reunification plan for use by
   99  child care facilities, public K-12 schools, and public
  100  postsecondary educational institutions that are closed or
  101  unexpectedly evacuated due to a natural or manmade disaster.
  102  This model plan must consider: the integration of student
  103  information and notification systems to facilitate reunification
  104  after a natural or manmade disaster; the provision of accurate
  105  and real-time verification of reunification, including student
  106  identification through a connection to the student information
  107  system; parent or guardian custodial verification; a verifiable
  108  chain of custody; and the provision of real-time reporting and
  109  status of students and staff. This model plan must be reviewed
  110  annually and updated, as applicable.
  111         (17)Maintain a current directory of public and private
  112  school-based diversion programs and cooperate with each judicial
  113  circuit and the Department of Juvenile Justice to facilitate
  114  their efforts to monitor and enforce each governing body’s
  115  compliance with s. 985.12.
  116         Section 5. Paragraph (a) of subsection (4), paragraph (a)
  117  of subsection (7), and subsection (9) of section 1006.07,
  118  Florida Statutes, are amended, paragraph (d) is added to
  119  subsection (6), and subsection (11) is added to that section, to
  120  read:
  121         1006.07 District school board duties relating to student
  122  discipline and school safety.—The district school board shall
  123  provide for the proper accounting for all students, for the
  124  attendance and control of students at school, and for proper
  125  attention to health, safety, and other matters relating to the
  126  welfare of students, including:
  128         (a) Formulate and prescribe policies and procedures, in
  129  consultation with the appropriate public safety agencies, for
  130  emergency drills and for actual emergencies, including, but not
  131  limited to, fires, natural disasters, active assailant and
  132  hostage situations, and bomb threats, for all students and
  133  faculty at all public schools of the district composed comprised
  134  of grades K-12, pursuant to State Board of Education rules.
  135  Drills for active assailant and hostage situations must shall be
  136  conducted in accordance with developmentally appropriate and
  137  age-appropriate procedures, as specified in State Board of
  138  Education rules at least as often as other emergency drills. Law
  139  enforcement officers responsible for responding to the school in
  140  the event of an active assailant emergency, as determined
  141  necessary by the sheriff in coordination with the district’s
  142  school safety specialist, must be physically present on campus
  143  and directly involved in the execution of active assailant
  144  emergency drills. School districts must notify law enforcement
  145  officers at least 24 hours before conducting an active assailant
  146  emergency drill that such law enforcement officers are expected
  147  to attend. District school board policies must shall include
  148  commonly used alarm system responses for specific types of
  149  emergencies and verification by each school that drills have
  150  been provided as required by law, State Board of Education
  151  rules, and fire protection codes and may provide accommodations
  152  for drills conducted by exceptional student education centers.
  153  District school boards shall establish emergency response and
  154  emergency preparedness policies and procedures that include, but
  155  are not limited to, identifying the individuals responsible for
  156  contacting the primary emergency response agency and the
  157  emergency response agency that is responsible for notifying the
  158  school district for each type of emergency. The State Board of
  159  Education shall refer to recommendations provided in reports
  160  published pursuant to s. 943.687 for guidance and, by August 1,
  161  2023, consult with state and local constituencies to adopt rules
  162  applicable to the requirements of this subsection which, at a
  163  minimum, define the terms “emergency drill,” “active threat,”
  164  and “after-action report” and establish minimum emergency drill
  165  policies and procedures related to the timing, frequency,
  166  participation, training, notification, accommodations, and
  167  responses to threat situations by incident type, school level,
  168  school type, and student and school characteristics. The rules
  169  must require all types of emergency drills to be conducted no
  170  less frequently than on an annual school year basis.
  171         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  172  school superintendent shall establish policies and procedures
  173  for the prevention of violence on school grounds, including the
  174  assessment of and intervention with individuals whose behavior
  175  poses a threat to the safety of the school community.
  176         (d)Each district school board and charter school governing
  177  board shall adopt, in coordination with local law enforcement
  178  agencies and local governments, a family reunification plan to
  179  reunite students and employees with their families in the event
  180  that a school is closed or unexpectedly evacuated due to a
  181  natural or manmade disaster. This reunification plan must be
  182  reviewed annually and updated, as applicable.
  183         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  184  shall adopt policies for the establishment of threat assessment
  185  teams at each school whose duties include the coordination of
  186  resources and assessment and intervention with individuals whose
  187  behavior may pose a threat to the safety of school staff or
  188  students consistent with the model policies developed by the
  189  Office of Safe Schools. Such policies must include procedures
  190  for referrals to mental health services identified by the school
  191  district pursuant to s. 1012.584(4), when appropriate, and
  192  procedures for behavioral threat assessments in compliance with
  193  the instrument developed pursuant to s. 1001.212(12).
  194         (a) A threat assessment team shall include persons with
  195  expertise in counseling, instruction, school administration, and
  196  law enforcement. All members of the threat assessment team must
  197  be involved in the threat assessment process and final
  198  decisionmaking. The threat assessment teams shall identify
  199  members of the school community to whom threatening behavior
  200  should be reported and provide guidance to students, faculty,
  201  and staff regarding recognition of threatening or aberrant
  202  behavior that may represent a threat to the community, school,
  203  or self. Upon the availability of the behavioral threat
  204  assessment instrument developed pursuant to s. 1001.212(12), the
  205  threat assessment team shall use that instrument.
  207  district school board shall adopt policies to ensure the
  208  accurate and timely reporting of incidents related to school
  209  safety and discipline. The district school superintendent is
  210  responsible for school environmental safety incident reporting.
  211  A district school superintendent who fails to comply with this
  212  subsection is subject to the penalties specified in law,
  213  including, but not limited to, s. 1001.42(13)(b) or s.
  214  1001.51(12)(b), as applicable. The State Board of Education
  215  shall adopt rules establishing the requirements for the school
  216  environmental safety incident report. Annually, the department
  217  shall publish on its website the most recently available school
  218  environmental safety incident data along with other school
  219  accountability and performance data in a uniform, statewide
  220  format that is easy to read and understand.
  221         (11)SUICIDE SCREENING INSTRUMENT.—Each district school
  222  board shall adopt policies to ensure that district schools and
  223  local mobile response teams use the same suicide screening
  224  instrument approved by the department pursuant to s. 1012.583.
  225         Section 6. Present subsection (6) of section 1006.12,
  226  Florida Statutes, is redesignated as subsection (8), a new
  227  subsection (6) and subsection (7) are added to that section, and
  228  paragraph (c) of subsection (1), paragraphs (a) and (b) of
  229  subsection (2), and subsection (5) of that section are amended,
  230  to read:
  231         1006.12 Safe-school officers at each public school.—For the
  232  protection and safety of school personnel, property, students,
  233  and visitors, each district school board and school district
  234  superintendent shall partner with law enforcement agencies or
  235  security agencies to establish or assign one or more safe-school
  236  officers at each school facility within the district, including
  237  charter schools. A district school board must collaborate with
  238  charter school governing boards to facilitate charter school
  239  access to all safe-school officer options available under this
  240  section. The school district may implement any combination of
  241  the options in subsections (1)-(4) to best meet the needs of the
  242  school district and charter schools.
  243         (1) SCHOOL RESOURCE OFFICER.—A school district may
  244  establish school resource officer programs through a cooperative
  245  agreement with law enforcement agencies.
  246         (c)Complete mental health crisis intervention training
  247  using a curriculum developed by a national organization with
  248  expertise in mental health crisis intervention. The training
  249  shall improve officers’ knowledge and skills as first responders
  250  to incidents involving students with emotional disturbance or
  251  mental illness, including de-escalation skills to ensure student
  252  and officer safety.
  253         (2) SCHOOL SAFETY OFFICER.—A school district may commission
  254  one or more school safety officers for the protection and safety
  255  of school personnel, property, and students within the school
  256  district. The district school superintendent may recommend, and
  257  the district school board may appoint, one or more school safety
  258  officers.
  259         (a) School safety officers shall undergo criminal
  260  background checks, drug testing, and a psychological evaluation
  261  and be law enforcement officers, as defined in s. 943.10(1),
  262  certified under the provisions of chapter 943 and employed by
  263  either a law enforcement agency or by the district school board.
  264  If the officer is employed by the district school board, the
  265  district school board is the employing agency for purposes of
  266  chapter 943, and must comply with the provisions of that
  267  chapter.
  268         (b) A school safety officer has and shall exercise the
  269  power to make arrests for violations of law on district school
  270  board property or on property owned or leased by a charter
  271  school under a charter contract, as applicable, and to arrest
  272  persons, whether on or off such property, who violate any law on
  273  such property under the same conditions that deputy sheriffs are
  274  authorized to make arrests. A school safety officer has the
  275  authority to carry weapons when performing his or her official
  276  duties.
  277         (5) NOTIFICATION.—The district school superintendent or
  278  charter school administrator, or a respective designee, school
  279  district shall notify the county sheriff and the Office of Safe
  280  Schools immediately after, but no later than 72 hours after:
  281         (a) A safe-school officer is dismissed for misconduct or is
  282  otherwise disciplined.
  283         (b) A safe-school officer discharges his or her firearm in
  284  the exercise of the safe-school officer’s duties, other than for
  285  training purposes.
  286         (6)CRISIS INTERVENTION TRAINING.—Each safe-school officer
  287  who is also a sworn law enforcement officer shall complete
  288  mental health crisis intervention training using a curriculum
  289  developed by a national organization with expertise in mental
  290  health crisis intervention. The training must improve the
  291  officer’s knowledge and skills as a first responder to incidents
  292  involving students with emotional disturbance or mental illness,
  293  including de-escalation skills to ensure student and officer
  294  safety.
  295         (7)LIMITATIONS.—An individual must satisfy the background
  296  screening, psychological evaluation, and drug test requirements
  297  and be approved by the sheriff before participating in any
  298  training required by s. 30.15(1)(k), which may be conducted only
  299  by a sheriff.
  301  If a district school board, through its adopted policies,
  302  procedures, or actions, denies a charter school access to any
  303  safe-school officer options pursuant to this section, the school
  304  district must assign a school resource officer or school safety
  305  officer to the charter school. Under such circumstances, the
  306  charter school’s share of the costs of the school resource
  307  officer or school safety officer may not exceed the safe school
  308  allocation funds provided to the charter school pursuant to s.
  309  1011.62(13) and shall be retained by the school district.
  310         Section 7. Paragraph (a) of subsection (2) of section
  311  1006.1493, Florida Statutes, is amended to read:
  312         1006.1493 Florida Safe Schools Assessment Tool.—
  313         (2) The FSSAT must help school officials identify threats,
  314  vulnerabilities, and appropriate safety controls for the schools
  315  that they supervise, pursuant to the security risk assessment
  316  requirements of s. 1006.07(6).
  317         (a) At a minimum, the FSSAT must address all of the
  318  following components:
  319         1. School emergency and crisis preparedness planning;
  320         2. Security, crime, and violence prevention policies and
  321  procedures;
  322         3. Physical security measures;
  323         4. Professional development training needs;
  324         5. An examination of support service roles in school
  325  safety, security, and emergency planning;
  326         6. School security and school police staffing, operational
  327  practices, and related services;
  328         7. School and community collaboration on school safety; and
  329         8. Policies and procedures for school officials to prepare
  330  for and respond to natural and manmade disasters, including
  331  family reunification plans to reunite students and employees
  332  with their families after a school is closed or unexpectedly
  333  evacuated due to such disasters; and
  334         9. A return on investment analysis of the recommended
  335  physical security controls.
  336         Section 8. Subsection (5) is added to section 1012.584,
  337  Florida Statutes, to read:
  338         1012.584 Continuing education and inservice training for
  339  youth mental health awareness and assistance.—
  340         (5)No later than July 1, 2023, and annually thereafter by
  341  July 1, each school district shall certify to the department, in
  342  a format determined by the department, that at least 80 percent
  343  of school personnel in elementary, middle, and high schools have
  344  received the training required under this section.
  345         Section 9. Except as otherwise expressly provided in this
  346  act, this act shall take effect July 1, 2022.
  348  ================= T I T L E  A M E N D M E N T ================
  349  And the title is amended as follows:
  350         Delete everything before the enacting clause
  351  and insert:
  352                        A bill to be entitled                      
  353         An act relating to school safety; amending s. 943.687,
  354         F.S.; extending the sunset date of the Marjory
  355         Stoneman Douglas High School Public Safety Commission;
  356         amending s. 943.082, F.S.; requiring the FortifyFL
  357         reporting tool to notify reporting parties that
  358         submitting false information may subject them to
  359         criminal penalties; providing that certain reports
  360         will remain anonymous; amending s. 1001.11, F.S.;
  361         requiring the Commissioner of Education to oversee and
  362         enforce compliance with requirements relating to
  363         school safety and security; amending s. 1001.212,
  364         F.S.; revising the duties of the Office of Safe
  365         Schools; amending s. 1006.07, F.S.; requiring certain
  366         law enforcement officers to be physically present and
  367         directly involved in active assailant emergency
  368         drills; requiring school districts to notify such law
  369         enforcement officers of such drills within a specified
  370         time period; requiring the State Board of Education to
  371         adopt rules; specifying the requirements for the
  372         rules; requiring district school boards and charter
  373         school governing boards, in coordination with
  374         specified entities, to adopt family reunification
  375         plans; providing for the update and review of such
  376         plan; requiring all members of threat assessment teams
  377         to be involved in certain processes and decisions;
  378         requiring the Department of Education to annually
  379         publish on its website specified data in a certain
  380         format; requiring district school boards to adopt
  381         certain policies relating to suicide screening
  382         instruments; amending s. 1006.12, F.S.; making
  383         technical changes; authorizing school safety officers
  384         to make arrests on property owned or leased by a
  385         charter school under a charter contract; requiring
  386         district school superintendents or charter school
  387         administrators, instead of school districts, to notify
  388         county sheriffs and the Office of Safe Schools of
  389         certain safe-school officer-related incidents;
  390         specifying training requirements for safe-school
  391         officers; amending s. 1006.1493, F.S.; requiring the
  392         Florida Safe Schools Assessment Tool to address
  393         policies and procedures to prepare for and respond to
  394         natural and manmade disasters; amending s. 1012.584,
  395         F.S.; requiring each school district to certify that a
  396         specified percentage of school personnel have received
  397         certain training by a specified date; providing
  398         effective dates.