Florida Senate - 2022                                     SB 802
       By Senator Gruters
       23-00085B-22                                           2022802__
    1                        A bill to be entitled                      
    2         An act relating to school safety; amending s. 943.082,
    3         F.S.; requiring the FortifyFL reporting tool to notify
    4         reporting parties that submitting false information
    5         may subject them to criminal penalties; providing that
    6         certain reports will remain anonymous; amending s.
    7         1001.11, F.S.; requiring the Commissioner of Education
    8         to oversee and enforce compliance with requirements
    9         relating to school safety and security; requiring the
   10         commissioner to take specified actions under certain
   11         circumstances relating to noncompliance; amending s.
   12         1001.20, F.S.; requiring the Department of Education’s
   13         Office of Inspector General to investigate certain
   14         allegations if the commissioner determines that a
   15         district school board is unwilling or unable to
   16         address the allegations; amending s. 1001.212, F.S.;
   17         revising the duties of the Office of Safe Schools;
   18         amending s. 1006.07, F.S.; requiring certain law
   19         enforcement officers to be physically present and
   20         directly involved in active assailant emergency
   21         drills; requiring the State Board of Education to
   22         adopt rules; specifying the requirements for the
   23         rules; requiring district school boards and charter
   24         school governing boards to adopt family reunification
   25         plans; providing for the update and review of such
   26         plan; requiring all members of threat assessment teams
   27         to be involved in certain processes and decisions;
   28         amending s. 1006.12, F.S.; making technical changes;
   29         authorizing school safety officers to make arrests on
   30         property owned or leased by a charter school under a
   31         charter contract; requiring district school
   32         superintendents or charter school administrators,
   33         instead of school districts, to notify county sheriffs
   34         and the Office of Safe Schools of certain safe-school
   35         officer-related incidents; specifying training
   36         requirements for certain safe-school officers;
   37         amending s. 1006.1493, F.S.; requiring the Florida
   38         Safe Schools Assessment Tool to address policies and
   39         procedures to prepare for and respond to natural and
   40         manmade disasters; amending s. 1008.32, F.S.;
   41         authorizing the State Board of Education to direct a
   42         school district to suspend the salaries of certain
   43         officials if the state board determines the district
   44         school board is unwilling or unable to comply with law
   45         or state board rule; providing effective dates.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Effective October 1, 2022, paragraph (c) is
   50  added to subsection (2) of section 943.082, Florida Statutes, to
   51  read:
   52         943.082 School Safety Awareness Program.—
   53         (2) The reporting tool must notify the reporting party of
   54  the following information:
   55         (c) That if, following an investigation, it is determined
   56  that a person knowingly submitted a false tip through FortifyFL,
   57  the Internet protocol (IP) address of the device on which the
   58  tip was submitted will be provided to law enforcement agencies
   59  for further investigation, and the reporting party may be
   60  subject to criminal penalties under s. 837.05. In all other
   61  circumstances, unless the reporting party has chosen to disclose
   62  his or her identity, the report will remain anonymous.
   63         Section 2. Subsection (9) of section 1001.11, Florida
   64  Statutes, is amended to read:
   65         1001.11 Commissioner of Education; other duties.—
   66         (9) The commissioner shall oversee and enforce compliance
   67  with the requirements relating to school safety and security
   68  requirements of the Marjory Stoneman Douglas High School Public
   69  Safety Act, chapter 2018-3, Laws of Florida, by school
   70  districts; district school superintendents; and public schools,
   71  including charter schools. Upon notification by the Office of
   72  Safe Schools of a school district’s substantiated noncompliance
   73  with school safety and security requirements, the commissioner
   74  must require the district school board to withhold further
   75  payment of the salary of the superintendent, as authorized under
   76  s. 1001.42(13)(b). Upon notification by the Office of Safe
   77  Schools that a charter school has failed to comply with the
   78  requirements relating to school safety and security, the
   79  commissioner must facilitate compliance by charter schools by
   80  recommending actions to the district school board pursuant to s.
   81  1002.33. The commissioner must facilitate compliance to the
   82  maximum extent provided under law, identify incidents of
   83  noncompliance, and impose or recommend to the State Board of
   84  Education, the Governor, or the Legislature enforcement and
   85  sanctioning actions pursuant to s. 1008.32 and other authority
   86  granted under law.
   87         Section 3. Paragraph (e) of subsection (4) of section
   88  1001.20, Florida Statutes, is amended to read:
   89         1001.20 Department under direction of state board.—
   90         (4) The Department of Education shall establish the
   91  following offices within the Office of the Commissioner of
   92  Education which shall coordinate their activities with all other
   93  divisions and offices:
   94         (e) Office of Inspector General.—Organized using existing
   95  resources and funds and responsible for promoting
   96  accountability, efficiency, and effectiveness and detecting
   97  fraud and abuse within school districts, the Florida School for
   98  the Deaf and the Blind, and Florida College System institutions
   99  in Florida. If the Commissioner of Education determines that a
  100  district school board, the Board of Trustees for the Florida
  101  School for the Deaf and the Blind, or a Florida College System
  102  institution board of trustees is unwilling or unable to address
  103  substantiated allegations made by any person relating to waste,
  104  fraud, or financial mismanagement within the school district,
  105  the Florida School for the Deaf and the Blind, or the Florida
  106  College System institution, the office must shall conduct,
  107  coordinate, or request investigations into such substantiated
  108  allegations. If the Commissioner of Education determines that a
  109  district school board is unwilling or unable to address credible
  110  allegations made by any person relating to compliance with the
  111  requirements relating to school safety and security, the office
  112  must conduct, coordinate, or request investigations into such
  113  allegations. The office shall investigate allegations or reports
  114  of possible fraud or abuse against a district school board made
  115  by any member of the Cabinet; the presiding officer of either
  116  house of the Legislature; a chair of a substantive or
  117  appropriations committee with jurisdiction; or a member of the
  118  board for which an investigation is sought. The office shall
  119  have access to all information and personnel necessary to
  120  perform its duties and shall have all of its current powers,
  121  duties, and responsibilities authorized in s. 20.055.
  122         Section 4. Present subsections (14) and (15) of section
  123  1001.212, Florida Statutes, are redesignated as subsections (15)
  124  and (16), respectively, a new subsection (14) and subsection
  125  (17) are added to that section, and subsections (2) and (6) of
  126  that section are amended, to read:
  127         1001.212 Office of Safe Schools.—There is created in the
  128  Department of Education the Office of Safe Schools. The office
  129  is fully accountable to the Commissioner of Education. The
  130  office shall serve as a central repository for best practices,
  131  training standards, and compliance oversight in all matters
  132  regarding school safety and security, including prevention
  133  efforts, intervention efforts, and emergency preparedness
  134  planning. The office shall:
  135         (2) Provide ongoing professional development opportunities
  136  to school district and charter school personnel.
  137         (6) Coordinate with the Department of Law Enforcement to
  138  provide a unified search tool, known as the Florida School
  139  Safety Portal, centralized integrated data repository and data
  140  analytics resources to improve access to timely, complete, and
  141  accurate information integrating data from, at a minimum, but
  142  not limited to, the following data sources by August 1, 2019:
  143         (a) Social media Internet posts;
  144         (b) The Department of Children and Families;
  145         (c) The Department of Law Enforcement;
  146         (d) The Department of Juvenile Justice;
  147         (e) The mobile suspicious activity reporting tool known as
  148  FortifyFL;
  149         (f) School environmental safety incident reports collected
  150  under subsection (8); and
  151         (g) Local law enforcement.
  153  Data that is exempt or confidential and exempt from public
  154  records requirements retains its exempt or confidential and
  155  exempt status when incorporated into the centralized integrated
  156  data repository. To maintain the confidentiality requirements
  157  attached to the information provided to the centralized
  158  integrated data repository by the various state and local
  159  agencies, data governance and security shall ensure compliance
  160  with all applicable state and federal data privacy requirements
  161  through the use of user authorization and role-based security,
  162  data anonymization and aggregation and auditing capabilities. To
  163  maintain the confidentiality requirements attached to the
  164  information provided to the centralized integrated data
  165  repository by the various state and local agencies, each source
  166  agency providing data to the repository shall be the sole
  167  custodian of the data for the purpose of any request for
  168  inspection or copies thereof under chapter 119. The department
  169  shall only allow access to data from the source agencies in
  170  accordance with rules adopted by the respective source agencies
  171  and the requirements of the Federal Bureau of Investigation
  172  Criminal Justice Information Services security policy, where
  173  applicable.
  174         (14)Develop, in coordination with the Division of
  175  Emergency Management; other federal, state, and local law
  176  enforcement agencies; fire and rescue agencies; and first
  177  responder agencies, a model family reunification plan for use by
  178  child care facilities, public K-12 schools, and public
  179  postsecondary educational institutions that are closed or
  180  unexpectedly evacuated due to a natural or manmade disaster.
  181  This model plan must be reviewed annually and updated, as
  182  applicable.
  183         (17)Maintain a current directory of public and private
  184  school-based diversion programs and cooperate with each judicial
  185  circuit and the Department of Juvenile Justice to facilitate
  186  their efforts to monitor and enforce each governing body’s
  187  compliance with s. 985.12.
  188         Section 5. Paragraph (a) of subsection (4) and paragraph
  189  (a) of subsection (7) of section 1006.07, Florida Statutes, are
  190  amended, and paragraph (d) is added to subsection (6) of that
  191  section, to read:
  192         1006.07 District school board duties relating to student
  193  discipline and school safety.—The district school board shall
  194  provide for the proper accounting for all students, for the
  195  attendance and control of students at school, and for proper
  196  attention to health, safety, and other matters relating to the
  197  welfare of students, including:
  199         (a) Formulate and prescribe policies and procedures, in
  200  consultation with the appropriate public safety agencies, for
  201  emergency drills and for actual emergencies, including, but not
  202  limited to, fires, natural disasters, active assailant and
  203  hostage situations, and bomb threats, for all students and
  204  faculty at all public schools of the district composed comprised
  205  of grades K-12, pursuant to State Board of Education rules.
  206  Drills for active assailant and hostage situations must shall be
  207  conducted in accordance with developmentally appropriate and
  208  age-appropriate procedures, as specified in State Board of
  209  Education rules at least as often as other emergency drills. Law
  210  enforcement officers responsible for responding to the school in
  211  the event of an active assailant emergency, as determined
  212  necessary by the sheriff in coordination with the district’s
  213  school safety specialist, must be physically present on campus
  214  and directly involved in the execution of active assailant
  215  emergency drills. District school board policies must shall
  216  include commonly used alarm system responses for specific types
  217  of emergencies and verification by each school that drills have
  218  been provided as required by law, State Board of Education
  219  rules, and fire protection codes and may provide accommodations
  220  for drills conducted by exceptional student education centers.
  221  District school boards shall establish emergency response and
  222  emergency preparedness policies and procedures that include, but
  223  are not limited to, identifying the individuals responsible for
  224  contacting the primary emergency response agency and the
  225  emergency response agency that is responsible for notifying the
  226  school district for each type of emergency. The State Board of
  227  Education shall refer to recommendations provided in reports
  228  published pursuant to s. 943.687 for guidance and, by August 1,
  229  2023, consult with state and local constituencies to adopt rules
  230  applicable to the requirements of this subsection which, at a
  231  minimum, define the terms “emergency drill,” “active threat,”
  232  and “after-action report” and establish minimum emergency drill
  233  policies and procedures related to the timing, frequency,
  234  participation, training, notification, accommodations, and
  235  responses to threat situations by incident type, school level,
  236  school type, and student and school characteristics. The rules
  237  must require all types of emergency drills to be conducted no
  238  less frequently than on an annual school year basis.
  239         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  240  school superintendent shall establish policies and procedures
  241  for the prevention of violence on school grounds, including the
  242  assessment of and intervention with individuals whose behavior
  243  poses a threat to the safety of the school community.
  244         (d)Each district school board and charter school governing
  245  board shall adopt, in coordination with local law enforcement
  246  agencies, a family reunification plan to reunite students and
  247  employees with their families in the event that a school is
  248  closed or unexpectedly evacuated due to a natural or manmade
  249  disaster. This reunification plan must be reviewed annually and
  250  updated, as applicable.
  251         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  252  shall adopt policies for the establishment of threat assessment
  253  teams at each school whose duties include the coordination of
  254  resources and assessment and intervention with individuals whose
  255  behavior may pose a threat to the safety of school staff or
  256  students consistent with the model policies developed by the
  257  Office of Safe Schools. Such policies must include procedures
  258  for referrals to mental health services identified by the school
  259  district pursuant to s. 1012.584(4), when appropriate, and
  260  procedures for behavioral threat assessments in compliance with
  261  the instrument developed pursuant to s. 1001.212(12).
  262         (a) A threat assessment team shall include persons with
  263  expertise in counseling, instruction, school administration, and
  264  law enforcement. All members of the threat assessment team must
  265  be involved in the threat assessment process and final
  266  decisionmaking. The threat assessment teams shall identify
  267  members of the school community to whom threatening behavior
  268  should be reported and provide guidance to students, faculty,
  269  and staff regarding recognition of threatening or aberrant
  270  behavior that may represent a threat to the community, school,
  271  or self. Upon the availability of the behavioral threat
  272  assessment instrument developed pursuant to s. 1001.212(12), the
  273  threat assessment team shall use that instrument.
  274         Section 6. Present subsection (6) of section 1006.12,
  275  Florida Statutes, is redesignated as subsection (8), a new
  276  subsection (6) and subsection (7) are added to that section, and
  277  paragraph (c) of subsection (1), paragraphs (a) and (b) of
  278  subsection (2), and subsection (5) of that section are amended,
  279  to read:
  280         1006.12 Safe-school officers at each public school.—For the
  281  protection and safety of school personnel, property, students,
  282  and visitors, each district school board and school district
  283  superintendent shall partner with law enforcement agencies or
  284  security agencies to establish or assign one or more safe-school
  285  officers at each school facility within the district, including
  286  charter schools. A district school board must collaborate with
  287  charter school governing boards to facilitate charter school
  288  access to all safe-school officer options available under this
  289  section. The school district may implement any combination of
  290  the options in subsections (1)-(4) to best meet the needs of the
  291  school district and charter schools.
  292         (1) SCHOOL RESOURCE OFFICER.—A school district may
  293  establish school resource officer programs through a cooperative
  294  agreement with law enforcement agencies.
  295         (c)Complete mental health crisis intervention training
  296  using a curriculum developed by a national organization with
  297  expertise in mental health crisis intervention. The training
  298  shall improve officers’ knowledge and skills as first responders
  299  to incidents involving students with emotional disturbance or
  300  mental illness, including de-escalation skills to ensure student
  301  and officer safety.
  302         (2) SCHOOL SAFETY OFFICER.—A school district may commission
  303  one or more school safety officers for the protection and safety
  304  of school personnel, property, and students within the school
  305  district. The district school superintendent may recommend, and
  306  the district school board may appoint, one or more school safety
  307  officers.
  308         (a) School safety officers shall undergo criminal
  309  background checks, drug testing, and a psychological evaluation
  310  and be law enforcement officers, as defined in s. 943.10(1),
  311  certified under the provisions of chapter 943 and employed by
  312  either a law enforcement agency or by the district school board.
  313  If the officer is employed by the district school board, the
  314  district school board is the employing agency for purposes of
  315  chapter 943, and must comply with the provisions of that
  316  chapter.
  317         (b) A school safety officer has and shall exercise the
  318  power to make arrests for violations of law on district school
  319  board property or on property owned or leased by a charter
  320  school under a charter contract, as applicable, and to arrest
  321  persons, whether on or off such property, who violate any law on
  322  such property under the same conditions that deputy sheriffs are
  323  authorized to make arrests. A school safety officer has the
  324  authority to carry weapons when performing his or her official
  325  duties.
  326         (5) NOTIFICATION.—The district school superintendent or
  327  charter school administrator school district shall notify the
  328  county sheriff and the Office of Safe Schools immediately after,
  329  but no later than 72 hours after:
  330         (a) A safe-school officer is dismissed for misconduct or is
  331  otherwise disciplined.
  332         (b) A safe-school officer discharges his or her firearm in
  333  the exercise of the safe-school officer’s duties, other than for
  334  training purposes.
  335         (6)CRISIS INTERVENTION TRAINING.—Each safe-school officer
  336  who is also a sworn law enforcement officer shall complete
  337  mental health crisis intervention training using a curriculum
  338  developed by a national organization with expertise in mental
  339  health crisis intervention. The training must improve the
  340  officer’s knowledge and skills as a first responder to incidents
  341  involving students with emotional disturbance or mental illness,
  342  including de-escalation skills to ensure student and officer
  343  safety.
  344         (7)LIMITATIONS.—An individual must satisfy the background
  345  screening, psychological evaluation, and drug test requirements
  346  and be approved by the sheriff before participating in any
  347  training required by s. 30.15(1)(k), which may be conducted only
  348  by a sheriff.
  350  If a district school board, through its adopted policies,
  351  procedures, or actions, denies a charter school access to any
  352  safe-school officer options pursuant to this section, the school
  353  district must assign a school resource officer or school safety
  354  officer to the charter school. Under such circumstances, the
  355  charter school’s share of the costs of the school resource
  356  officer or school safety officer may not exceed the safe school
  357  allocation funds provided to the charter school pursuant to s.
  358  1011.62(13) and shall be retained by the school district.
  359         Section 7. Paragraph (a) of subsection (2) of section
  360  1006.1493, Florida Statutes, is amended to read:
  361         1006.1493 Florida Safe Schools Assessment Tool.—
  362         (2) The FSSAT must help school officials identify threats,
  363  vulnerabilities, and appropriate safety controls for the schools
  364  that they supervise, pursuant to the security risk assessment
  365  requirements of s. 1006.07(6).
  366         (a) At a minimum, the FSSAT must address all of the
  367  following components:
  368         1. School emergency and crisis preparedness planning;
  369         2. Security, crime, and violence prevention policies and
  370  procedures;
  371         3. Physical security measures;
  372         4. Professional development training needs;
  373         5. An examination of support service roles in school
  374  safety, security, and emergency planning;
  375         6. School security and school police staffing, operational
  376  practices, and related services;
  377         7. School and community collaboration on school safety; and
  378         8. Policies and procedures for school officials to prepare
  379  for and respond to natural and manmade disasters, including
  380  family reunification plans to reunite students and employees
  381  with their families after a school is closed or unexpectedly
  382  evacuated due to such disasters; and
  383         9. A return on investment analysis of the recommended
  384  physical security controls.
  385         Section 8. Paragraph (e) is added to subsection (4) of
  386  section 1008.32, Florida Statutes, to read:
  387         1008.32 State Board of Education oversight enforcement
  388  authority.—The State Board of Education shall oversee the
  389  performance of early learning coalitions, district school
  390  boards, and Florida College System institution boards of
  391  trustees in enforcement of all laws and rules. District school
  392  boards and Florida College System institution boards of trustees
  393  shall be primarily responsible for compliance with law and state
  394  board rule.
  395         (4) If the State Board of Education determines that an
  396  early learning coalition, a district school board, or a Florida
  397  College System institution board of trustees is unwilling or
  398  unable to comply with law or state board rule within the
  399  specified time, the state board has shall have the authority to
  400  initiate any of the following actions:
  401         (e) When the noncompliance is related to school safety
  402  overseen by a district school board, direct the school district
  403  to suspend the salary of the district school superintendent and,
  404  if the superintendent is appointed, the salaries of the district
  405  school board members until such time as the noncompliance is
  406  remedied.
  407         Section 9. Except as otherwise expressly provided in this
  408  act, this act shall take effect July 1, 2022.