Florida Senate - 2024                                    SB 1356
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01126-24                                           20241356__
    1                        A bill to be entitled                      
    2         An act relating to school safety; amending s. 30.15,
    3         F.S.; authorizing sheriffs to waive certain
    4         requirements for school guardian candidates under
    5         certain conditions; making technical changes; amending
    6         s. 943.082, F.S.; requiring school principals to
    7         ensure that instruction is provided at least annually
    8         to students on the use of the mobile suspicious
    9         activity reporting tool; providing requirements for
   10         such instruction; amending s. 985.04, F.S.; requiring
   11         superintendents to notify, within a specified
   12         timeframe, the chief of police or the public safety
   13         director of a postsecondary institution in which a
   14         student is dual enrolled if such student commits
   15         certain offenses; providing an effective date.
   16  
   17         WHEREAS, the Legislature recognizes that in order to
   18  prevent potential acts of violence on the campuses of secondary
   19  and postsecondary institutions, coordination between law
   20  enforcement and the leadership of each respective institution is
   21  critical, and
   22         WHEREAS, the Legislature finds it necessary that in the
   23  cases of dual enrolled students, notices of students who are
   24  arrested for crimes of violence or students who have made
   25  credible threats of violence be made to both institutions at
   26  which the student is enrolled in order to prevent a violent act
   27  from transpiring on the campus of either the secondary or
   28  postsecondary institution, NOW, THEREFORE,
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (k) of subsection (1) of section
   33  30.15, Florida Statutes, is amended to read:
   34         30.15 Powers, duties, and obligations.—
   35         (1) Sheriffs, in their respective counties, in person or by
   36  deputy, shall:
   37         (k) Assist district school boards and charter school
   38  governing boards in complying with, or private schools in
   39  exercising options in, s. 1006.12. A sheriff must, at a minimum,
   40  provide access to a Chris Hixon, Coach Aaron Feis, and Coach
   41  Scott Beigel Guardian Program to aid in the prevention or
   42  abatement of active assailant incidents on school premises, as
   43  required under this paragraph. Persons certified as school
   44  guardians pursuant to this paragraph have no authority to act in
   45  any law enforcement capacity except to the extent necessary to
   46  prevent or abate an active assailant incident.
   47         1.a. If a local school board has voted by a majority to
   48  implement a guardian program, the sheriff in that county must
   49  shall establish a guardian program to provide training, pursuant
   50  to subparagraph 2., to school district, charter school, or
   51  private school employees, either directly or through a contract
   52  with another sheriff’s office that has established a guardian
   53  program.
   54         b. A charter school governing board in a school district
   55  that has not voted, or has declined, to implement a guardian
   56  program may request the sheriff in the county to establish a
   57  guardian program for the purpose of training the charter school
   58  employees. If the county sheriff denies the request, the charter
   59  school governing board may contract with a sheriff that has
   60  established a guardian program to provide such training. The
   61  charter school governing board shall must notify the
   62  superintendent and the sheriff in the charter school’s county of
   63  the contract before prior to its execution.
   64         c. A private school in a school district that has not
   65  voted, or has declined, to implement a guardian program may
   66  request that the sheriff in the county of the private school
   67  establish a guardian program for the purpose of training private
   68  school employees. If the county sheriff denies the request, the
   69  private school may contract with a sheriff from another county
   70  who has established a guardian program to provide such training.
   71  The private school shall must notify the sheriff in the private
   72  school’s county of the contract with a sheriff from another
   73  county before its execution. The private school is responsible
   74  for all training costs for a school guardian program. The
   75  sheriff providing such training shall must ensure that any
   76  moneys paid by a private school are not commingled with any
   77  funds provided by the state to the sheriff as reimbursement for
   78  screening-related and training-related costs of any school
   79  district or charter school employee.
   80         d. The training program required in sub-subparagraph 2.b.
   81  is a standardized statewide curriculum, and each sheriff
   82  providing such training shall adhere to the course of
   83  instruction specified in that sub-subparagraph. This
   84  subparagraph does not prohibit a sheriff from providing
   85  additional training. A school guardian who has completed the
   86  training program required in sub-subparagraph 2.b. is may not be
   87  required to attend another sheriff’s training program pursuant
   88  to that sub-subparagraph unless there has been at least a 1-year
   89  break in his or her employment as a guardian.
   90         e. The sheriff conducting the training pursuant to
   91  subparagraph 2. must will be reimbursed for screening-related
   92  and training-related costs and for providing a one-time stipend
   93  of $500 to each school guardian who participates in the school
   94  guardian program.
   95         2. A sheriff who establishes a program shall consult with
   96  the Department of Law Enforcement on programmatic guiding
   97  principles, practices, and resources, and shall certify as
   98  school guardians, without the power of arrest, school employees,
   99  as specified in s. 1006.12(3), who:
  100         a. Hold a valid license issued under s. 790.06.
  101         b. Complete a 144-hour training program, consisting of 12
  102  hours of certified nationally recognized diversity training and
  103  132 total hours of comprehensive firearm safety and proficiency
  104  training conducted by Criminal Justice Standards and Training
  105  Commission-certified instructors, which must include:
  106         (I) Eighty hours of firearms instruction based on the
  107  Criminal Justice Standards and Training Commission’s Law
  108  Enforcement Academy training model, which must include at least
  109  10 percent but no more than 20 percent more rounds fired than
  110  associated with academy training. Program participants must
  111  achieve an 85 percent pass rate on the firearms training.
  112         (II) Sixteen hours of instruction in precision pistol.
  113         (III) Eight hours of discretionary shooting instruction
  114  using state-of-the-art simulator exercises.
  115         (IV) Sixteen hours of instruction in active shooter or
  116  assailant scenarios.
  117         (V) Eight hours of instruction in defensive tactics.
  118         (VI) Four hours of instruction in legal issues.
  119         c. Pass a psychological evaluation administered by a
  120  psychologist licensed under chapter 490 and designated by the
  121  Department of Law Enforcement and submit the results of the
  122  evaluation to the sheriff’s office. The Department of Law
  123  Enforcement is authorized to provide the sheriff’s office with
  124  mental health and substance abuse data for compliance with this
  125  paragraph.
  126         d. Submit to and pass an initial drug test and subsequent
  127  random drug tests in accordance with the requirements of s.
  128  112.0455 and the sheriff’s office.
  129         e. Successfully complete ongoing training, weapon
  130  inspection, and firearm qualification on at least an annual
  131  basis.
  132  
  133  A sheriff has the discretion to waive the requirements of sub
  134  sub-subparagraphs 2.b.(I)-(V) if a guardian candidate has at
  135  least 2 years of law enforcement experience and held an active
  136  law enforcement certificate within the past 5 years. The sheriff
  137  who conducts the guardian training shall issue a school guardian
  138  certificate to individuals who meet the requirements of this
  139  section to the satisfaction of the sheriff, and shall maintain
  140  documentation of weapon and equipment inspections, as well as
  141  the training, certification, inspection, and qualification
  142  records of each school guardian certified by the sheriff. An
  143  individual who is certified under this paragraph may serve as a
  144  school guardian under s. 1006.12(3) only if he or she is
  145  appointed by the applicable school district superintendent,
  146  charter school principal, or private school head of school.
  147         Section 2. Paragraph (b) of subsection (4) of section
  148  943.082, Florida Statutes, is amended to read:
  149         943.082 School Safety Awareness Program.—
  150         (4)
  151         (b) The district school board shall promote the use of the
  152  mobile suspicious activity reporting tool by advertising it on
  153  the school district website, in newsletters, on school campuses,
  154  and in school publications, by installing it on all mobile
  155  devices issued to students, and by bookmarking the website on
  156  all computer devices issued to students. Each school principal
  157  shall ensure that instruction on the use of the mobile
  158  suspicious activity reporting tool includes FortifyFL, and is
  159  provided to students at least once per school year. The
  160  instruction must be age and developmentally appropriate and
  161  include the consequences for making a threat or false report as
  162  defined by ss. 790.162 and 790.163, respectively, involving
  163  school or school personnel’s property, school transportation, or
  164  a school-sponsored activity.
  165         Section 3. Paragraph (a) of subsection (4) of section
  166  985.04, Florida Statutes, is amended to read:
  167         985.04 Oaths; records; confidential information.—
  168         (4)(a) Notwithstanding any other provision of this section,
  169  when a child of any age is taken into custody by a law
  170  enforcement officer for an offense that would have been a felony
  171  if committed by an adult, or a crime of violence, the law
  172  enforcement agency must notify the superintendent of schools
  173  that the child is alleged to have committed the delinquent act.
  174  If the child is a dual enrolled student at a postsecondary
  175  institution, the superintendent of schools must notify the chief
  176  of police or the public safety director of the postsecondary
  177  institution at which the student is dual enrolled within 24
  178  hours of the initial notification.
  179         Section 4. This act shall take effect July 1, 2024.