Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 802
Ì291680,Î291680
LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Education (Gruters) recommended
the following:
1 Senate Amendment (with title amendment)
2
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14 repealed on that date.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.
73
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:
127 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
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.
206 (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
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.
300
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.
347
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.