Florida Senate - 2019 CS for CS for SB 7030
By the Committees on Appropriations; Infrastructure and
Security; and Education
576-04181-19 20197030c2
1 A bill to be entitled
2 An act relating to implementation of legislative
3 recommendations of the Marjory Stoneman Douglas High
4 School Public Safety Commission; amending s. 30.15,
5 F.S.; requiring a sheriff to establish a school
6 guardian program or contract with another sheriff’s
7 office that has established a program under a certain
8 condition; authorizing sheriffs that have established
9 a guardian program to contract to provide training for
10 a specified purpose; providing for reimbursement of
11 the sheriff who conducts such training; removing the
12 prohibition against classroom teachers serving as
13 school guardians; conforming provisions to changes
14 made by the act; revising certification requirements
15 for school guardians; prohibiting individuals from
16 serving as school guardians unless they are appointed
17 by a superintendent or charter school principal, as
18 applicable; amending s. 843.08, F.S.; adding school
19 guardians to the list of officials the false
20 personation of whom is prohibited and subject to
21 criminal penalties; making technical changes; amending
22 s. 943.03, F.S.; requiring the Department of Law
23 Enforcement to consult with sheriffs who establish a
24 guardian program on programmatic guiding principles,
25 practices, and resources relating to the development
26 and implementation of the program; amending s.
27 943.082, F.S.; requiring school districts to promote
28 the use of a mobile suspicious activity reporting tool
29 through specified platforms and mediums; amending s.
30 1001.10, F.S.; requiring the Commissioner of Education
31 to review recommendations from the School Hardening
32 and Harm Mitigation Workgroup; requiring the
33 commissioner to submit a summary to the Governor and
34 the Legislature by a specified date; providing
35 requirements for the summary; amending s. 1001.11,
36 F.S.; revising the duties of the commissioner to
37 include oversight and facilitation of compliance with
38 the safety and security requirements of the Marjory
39 Stoneman Douglas High School Public Safety Act by
40 specified persons and entities; amending s. 1001.212,
41 F.S.; requiring the Office of Safe Schools to annually
42 provide training for specified personnel; conforming
43 provisions to changes made by the act; requiring the
44 office to provide data to support the evaluation of
45 mental health services; requiring the office to
46 collect data through the school environmental safety
47 incident reports; requiring the office to provide
48 technical assistance for school safety incident
49 reporting; requiring the office to review and evaluate
50 school district reports for compliance; requiring a
51 district school board to withhold a superintendent’s
52 salary in response to the superintendent’s
53 noncompliance; requiring the office to convene a
54 School Hardening and Harm Mitigation Workgroup;
55 providing for membership and duties of the workgroup;
56 requiring the workgroup to submit a report and
57 recommendations to the executive director of the
58 office and the commissioner; providing requirements
59 for the report; requiring the office to develop a
60 behavioral threat assessment instrument; providing
61 requirements for the instrument; requiring the office
62 to establish the Statewide Threat Assessment Database
63 Workgroup to make certain recommendations relating to
64 a statewide threat assessment database; providing
65 requirements for the database; requiring the workgroup
66 to report recommendations to the office by a specified
67 date; providing requirements for such recommendations;
68 requiring the office to monitor school district and
69 public school, including charter school, compliance
70 with requirements relating to school safety; requiring
71 the office to report incidents of noncompliance to the
72 commissioner and the state board; amending s. 1002.33,
73 F.S.; requiring charter schools to comply with
74 specified provisions; amending s. 1003.25, F.S.;
75 providing requirements for the transfer of certain
76 student records; amending s. 1006.07, F.S.; requiring
77 that a school safety specialist be a school
78 administrator employed by the school district or a law
79 enforcement officer employed by the sheriff’s office
80 located in the school district; providing requirements
81 for a school safety specialist designated from a
82 sheriff’s office; providing that a school safety
83 specialist designated from a sheriff’s office remains
84 an employee of such office for certain purposes;
85 authorizing the sheriff and school superintendent to
86 determine by agreement the reimbursement or sharing of
87 costs associated with employment of the law
88 enforcement officer as a school safety specialist;
89 requiring district school boards to adopt an active
90 assailant response plan; requiring each district
91 school superintendent and charter school principal to
92 certify by a specified date, and annually thereafter,
93 that all school personnel have received annual
94 training under the plan; requiring that certain
95 policies adopted by school districts include
96 procedures for behavioral threat assessments;
97 requiring threat assessment teams to utilize the
98 behavioral threat assessment instrument and the threat
99 assessment database developed by the office when they
100 become available; requiring threat assessment teams to
101 verify that, upon a student’s transfer to a different
102 school, any intervention services provided to the
103 student remain in place until the team makes a certain
104 determination; requiring district school boards to
105 adopt policies for accurate and timely reporting of
106 school environmental safety incidents; providing
107 penalties for noncompliance with such policies;
108 requiring the State Board of Education to adopt rules
109 establishing requirements for school environmental
110 safety incident reports; amending s. 1006.12, F.S.;
111 requiring a charter school governing board to partner
112 with law enforcement agencies to establish or assign a
113 safe-school officer; expanding the categories of
114 individuals who may serve as school guardians;
115 amending s. 1006.1493, F.S.; requiring the Florida
116 Safe Schools Assessment Tool (FSSAT) to be the primary
117 site security assessment tool for school districts;
118 requiring the office to provide FSSAT training;
119 requiring superintendents to annually submit FSSAT
120 assessments to the department; providing requirements
121 for the assessment; providing penalties for failure to
122 comply with requirements; amending s. 1011.62, F.S.;
123 modifying the required use of funds in the safe
124 schools allocation; providing for retroactive
125 application; providing legislative intent; expanding,
126 as of a specified date, the categorical fund that may
127 be accessed to improve classroom instruction or
128 improve school safety; deleting obsolete language;
129 expanding the purpose of the mental health assistance
130 allocation; providing that charter schools that take a
131 specified action are entitled to a proportionate share
132 of certain funding; deleting a requirement that
133 restricted to certain elements how a specified
134 percentage of a district’s mental health assistance
135 allocation could be expended; revising requirements
136 for a plan required to be developed by school
137 districts before distribution of such allocation;
138 requiring that the plans include charter schools,
139 except in certain circumstances; authorizing, rather
140 than requiring, charter schools to develop and submit
141 a specified plan; revising requirements for school
142 districts’ and charter schools’ plans; deleting a
143 requirement for school districts to submit a specified
144 report to the department; reenacting s.
145 921.0022(3)(b), F.S., relating to the offense severity
146 ranking chart of the Criminal Punishment Code, to
147 incorporate the amendment made to s. 843.08, F.S., in
148 a reference thereto; providing a declaration of
149 important state interest; providing effective dates.
150
151 Be It Enacted by the Legislature of the State of Florida:
152
153 Section 1. Paragraph (k) of subsection (1) of section
154 30.15, Florida Statutes, is amended to read:
155 30.15 Powers, duties, and obligations.—
156 (1) Sheriffs, in their respective counties, in person or by
157 deputy, shall:
158 (k) Establish, if the sheriff so chooses, a Coach Aaron
159 Feis Guardian Program to aid in the prevention or abatement of
160 active assailant incidents on school premises. However, if a
161 local school board has voted by a majority to implement such a
162 program, the sheriff in that county shall establish a program,
163 or contract with another sheriff’s office that has established a
164 program, to provide training to school district or charter
165 school employees. A sheriff who has established a guardian
166 program may contract to provide training to a school district or
167 charter school employee employed in a county whose sheriff has
168 not established a guardian program. The sheriff conducting the
169 training will be reimbursed for screening-related and training
170 related costs and for providing a one-time stipend of $500 to
171 each school guardian who participates in the school guardian
172 program. A school guardian may not has no authority to act in
173 any law enforcement capacity except to the extent necessary to
174 prevent or abate an active assailant incident on a school
175 premises. A Excluded from participating in the Coach Aaron Feis
176 Guardian Program are individuals who exclusively perform
177 classroom duties as classroom teachers as defined in s.
178 1012.01(2)(a). This limitation does not apply to classroom
179 teachers of a Junior Reserve Officers’ Training Corps program, a
180 current servicemember, as defined in s. 250.01, or a current or
181 former law enforcement officer, as defined in s. 943.10(1), (6),
182 or (8). The sheriff who establishes a chooses to establish the
183 program shall consult with the Department of Law Enforcement on
184 programmatic guiding principles, practices, and resources, and
185 shall certify appoint as school guardians, without the power of
186 arrest, school employees or contract employees, as specified in
187 s. 1006.12(3), who volunteer and who:
188 1. Hold a valid license issued under s. 790.06.
189 2. Complete a 144-hour training program, consisting of 12
190 hours of a certified nationally recognized diversity training
191 and 132 total hours of comprehensive firearm safety and
192 proficiency training conducted by Criminal Justice Standards and
193 Training Commission-certified instructors, which must include:
194 a. Eighty hours of firearms instruction based on the
195 Criminal Justice Standards and Training Commission’s Law
196 Enforcement Academy training model, which must include at least
197 10 percent but no more than 20 percent more rounds fired than
198 associated with academy training. Program participants must
199 achieve an 85 percent pass rate on the firearms training.
200 b. Sixteen hours of instruction in precision pistol.
201 c. Eight hours of discretionary shooting instruction using
202 state-of-the-art simulator exercises.
203 d. Eight hours of instruction in active shooter or
204 assailant scenarios.
205 e. Eight hours of instruction in defensive tactics.
206 f. Twelve hours of instruction in legal issues.
207 3. Pass a psychological evaluation administered by a
208 psychologist licensed under chapter 490 and designated by the
209 Department of Law Enforcement and submit the results of the
210 evaluation to the sheriff’s office. The Department of Law
211 Enforcement is authorized to provide the sheriff’s office with
212 mental health and substance abuse data for compliance with this
213 paragraph.
214 4. Submit to and pass an initial drug test and subsequent
215 random drug tests in accordance with the requirements of s.
216 112.0455 and the sheriff’s office.
217 5. Successfully complete ongoing training, weapon
218 inspection, and firearm qualification on at least an annual
219 basis.
220 6. Successfully complete at least 12 hours of a certified
221 nationally recognized diversity training program.
222
223 The sheriff who conducts the guardian training shall issue a
224 school guardian certificate to individuals who meet the
225 requirements of this paragraph and subparagraph 2. The sheriff
226 shall maintain documentation of weapon and equipment
227 inspections, as well as the training, certification, inspection,
228 and qualification records of each school guardian certified
229 appointed by the sheriff. An individual who is certified under
230 this paragraph may serve as a school guardian under s.
231 1006.12(3) only if he or she is appointed by the applicable
232 school district superintendent or charter school principal.
233 Section 2. Effective October 1, 2019, section 843.08,
234 Florida Statutes, is amended to read:
235 843.08 False personation.—A person who falsely assumes or
236 pretends to be a firefighter, a sheriff, an officer of the
237 Florida Highway Patrol, an officer of the Fish and Wildlife
238 Conservation Commission, a fire or arson investigator of the
239 Department of Financial Services, an officer of the Department
240 of Financial Services, an officer of the Department of
241 Corrections, a correctional probation officer, a deputy sheriff,
242 a state attorney or an assistant state attorney, a statewide
243 prosecutor or an assistant statewide prosecutor, a state
244 attorney investigator, a coroner, a police officer, a lottery
245 special agent or lottery investigator, a beverage enforcement
246 agent, a school guardian as described in s. 30.15(1)(k), a
247 security officer licensed under chapter 493 or watchman, or any
248 member of the Florida Commission on Offender Review or and any
249 administrative aide or supervisor employed by the commission, or
250 any personnel or representative of the Department of Law
251 Enforcement, or a federal law enforcement officer as defined in
252 s. 901.1505, and takes upon himself or herself to act as such,
253 or to require any other person to aid or assist him or her in a
254 matter pertaining to the duty of any such officer, commits a
255 felony of the third degree, punishable as provided in s.
256 775.082, s. 775.083, or s. 775.084. However, a person who
257 falsely personates any such officer during the course of the
258 commission of a felony commits a felony of the second degree,
259 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
260 If the commission of the felony results in the death or personal
261 injury of another human being, the person commits a felony of
262 the first degree, punishable as provided in s. 775.082, s.
263 775.083, or s. 775.084. The term “watchman” means a security
264 officer licensed under chapter 493.
265 Section 3. Subsection (16) is added to section 943.03,
266 Florida Statutes, to read:
267 943.03 Department of Law Enforcement.—
268 (16) Upon request, the department shall consult with
269 sheriffs to provide input regarding programmatic guiding
270 principles, practices, and resources in order to assist in the
271 development and implementation of the Coach Aaron Feis Guardian
272 Program established pursuant to s. 30.15. Such input and
273 guidance may include, but need not be limited to, standards,
274 curriculum, instructional strategies, evaluation, certification,
275 records retention, equipment, and other resource needs.
276 Section 4. Subsection (4) of section 943.082, Florida
277 Statutes, is amended to read:
278 943.082 School Safety Awareness Program.—
279 (4)(a) Law enforcement dispatch centers, school districts,
280 schools, and other entities identified by the department must
281 shall be made aware of the mobile suspicious activity reporting
282 tool.
283 (b) The district school board shall promote the use of the
284 mobile suspicious activity reporting tool by advertising it on
285 the school district website, in newsletters, on school campuses,
286 and in school publications, by installing it on all mobile
287 devices issued to students, and by bookmarking the website on
288 all computer devices issued to students.
289 Section 5. Subsection (9) is added to section 1001.10,
290 Florida Statutes, to read:
291 1001.10 Commissioner of Education; general powers and
292 duties.—
293 (9) The commissioner shall review the report of the School
294 Hardening and Harm Mitigation Workgroup regarding hardening and
295 harm mitigation strategies and recommendations submitted by the
296 Office of Safe Schools, pursuant to s. 1001.212(11). By
297 September 1, 2019, the commissioner shall submit a summary of
298 such recommendations to the Governor, the President of the
299 Senate, and the Speaker of the House of Representatives. At a
300 minimum, the summary must include policy and funding
301 enhancements and the estimated costs of and timeframes for
302 implementation of the campus hardening and harm mitigation
303 strategies recommended by the workgroup.
304 Section 6. Subsection (9) is added to section 1001.11,
305 Florida Statutes, to read:
306 1001.11 Commissioner of Education; other duties.—
307 (9) The commissioner shall oversee compliance with the
308 safety and security requirements of the Marjory Stoneman Douglas
309 High School Public Safety Act, chapter 2018-03, Laws of Florida,
310 by school districts; district school superintendents; and public
311 schools, including charter schools. The commissioner must
312 facilitate compliance to the maximum extent provided under law,
313 identify incidents of noncompliance, and impose or recommend to
314 the State Board of Education, the Governor, or the Legislature
315 enforcement and sanctioning actions pursuant to s. 1008.32 and
316 other authority granted under law.
317 Section 7. Section 1001.212, Florida Statutes, is amended
318 to read:
319 1001.212 Office of Safe Schools.—There is created in the
320 Department of Education the Office of Safe Schools. The office
321 is fully accountable to the Commissioner of Education. The
322 office shall serve as a central repository for best practices,
323 training standards, and compliance oversight in all matters
324 regarding school safety and security, including prevention
325 efforts, intervention efforts, and emergency preparedness
326 planning. The office shall:
327 (1) Establish and update as necessary a school security
328 risk assessment tool for use by school districts pursuant to s.
329 1006.07(6). The office shall make the security risk assessment
330 tool available for use by charter schools. The office shall
331 provide annual training to appropriate school district and
332 charter school personnel on the proper assessment of physical
333 site security and completion of the school security risk
334 assessment tool.
335 (2) Provide ongoing professional development opportunities
336 to school district personnel.
337 (3) Provide a coordinated and interdisciplinary approach to
338 providing technical assistance and guidance to school districts
339 on safety and security and recommendations to address findings
340 identified pursuant to s. 1006.07(6).
341 (4) Develop and implement a School Safety Specialist
342 Training Program for school safety specialists appointed
343 pursuant to s. 1006.07(6). The office shall develop the training
344 program which shall be based on national and state best
345 practices on school safety and security and must include active
346 shooter training. The office shall develop training modules in
347 traditional or online formats. A school safety specialist
348 certificate of completion shall be awarded to a school safety
349 specialist who satisfactorily completes the training required by
350 rules of the office.
351 (5) Review and provide recommendations on the security risk
352 assessments. The department may contract with security
353 personnel, consulting engineers, architects, or other safety and
354 security experts the department deems necessary for safety and
355 security consultant services.
356 (6) Coordinate with the Department of Law Enforcement to
357 provide a centralized integrated data repository and data
358 analytics resources to improve access to timely, complete, and
359 accurate information integrating data from, at a minimum, but
360 not limited to, the following data sources by August 1, 2019
361 December 1, 2018:
362 (a) Social media Internet posts;
363 (b) Department of Children and Families;
364 (c) Department of Law Enforcement;
365 (d) Department of Juvenile Justice;
366 (e) Mobile suspicious activity reporting tool known as
367 FortifyFL;
368 (f) School environmental safety incident reports collected
369 under subsection (8); and
370 (g)(e) Local law enforcement.
371
372 Data that is exempt or confidential and exempt from public
373 records requirements retains its exempt or confidential and
374 exempt status when incorporated into the centralized integrated
375 data repository. To maintain the confidentiality requirements
376 attached to the information provided to the centralized
377 integrated data repository by the various state and local
378 agencies, data governance and security shall ensure compliance
379 with all applicable state and federal data privacy requirements
380 through the use of user authorization and role-based security,
381 data anonymization and aggregation and auditing capabilities. To
382 maintain the confidentiality requirements attached to the
383 information provided to the centralized integrated data
384 repository by the various state and local agencies, each source
385 agency providing data to the repository shall be the sole
386 custodian of the data for the purpose of any request for
387 inspection or copies thereof under chapter 119. The department
388 shall only allow access to data from the source agencies in
389 accordance with rules adopted by the respective source agencies
390 and the requirements of the Federal Bureau of Investigation
391 Criminal Justice Information Services security policy, where
392 applicable.
393 (7) Provide data to support the evaluation of mental health
394 services pursuant to s. 1004.44.
395 (8) Provide technical assistance to school districts and
396 charter school governing boards for school environmental safety
397 incident reporting as required under s. 1006.07(9). The office
398 shall collect data through school environmental safety incident
399 reports on incidents that occur on school premises, on school
400 transportation, and at off-campus, school-sponsored events. The
401 office shall review and evaluate school district reports to
402 ensure compliance with reporting requirements. Upon notification
403 by the department that a superintendent has failed to comply
404 with the requirements of s. 1006.07(9), the district school
405 board shall withhold further payment of his or her salary as
406 authorized under s. 1001.42(13)(b) and impose other appropriate
407 sanctions that the commissioner or state board by law may
408 impose.
409 (7) Data that is exempt or confidential and exempt from
410 public records requirements retains its exempt or confidential
411 and exempt status when incorporated into the centralized
412 integrated data repository.
413 (8) To maintain the confidentiality requirements attached
414 to the information provided to the centralized integrated data
415 repository by the various state and local agencies, data
416 governance and security shall ensure compliance with all
417 applicable state and federal data privacy requirements through
418 the use of user authorization and role-based security, data
419 anonymization and aggregation and auditing capabilities.
420 (9) To maintain the confidentiality requirements attached
421 to the information provided to the centralized integrated data
422 repository by the various state and local agencies, each source
423 agency providing data for the repository shall be the sole
424 custodian of the data for the purpose of any request for
425 inspection or copies thereof under chapter 119. The department
426 shall only allow access to data from the source agencies in
427 accordance with rules adopted by the respective source agencies.
428 (9)(10) Award grants to schools to improve the safety and
429 security of school buildings based upon recommendations of the
430 security risk assessment developed pursuant to subsection (1).
431 (10)(11) Disseminate, in consultation with the Department
432 of Law Enforcement, to participating schools awareness and
433 education materials on the School Safety Awareness Program
434 developed pursuant to s. 943.082.
435 (11)(a) Convene a School Hardening and Harm Mitigation
436 Workgroup comprised of individuals with subject matter expertise
437 on school campus hardening best practices. The workgroup shall
438 meet as necessary to review school hardening and harm mitigation
439 policies, including, but not limited to, the target hardening
440 practices implemented in other states; the school safety
441 guidelines developed by organizations such as the Partner
442 Alliance for Safer Schools; the tiered approach to target campus
443 hardening strategies identified in the initial report submitted
444 by the Marjory Stoneman Douglas High School Public Safety
445 Commission pursuant to s. 943.687(9); and the Florida Building
446 Code for educational facilities construction to determine
447 whether the building code may need to be modified to strengthen
448 school safety and security. Based on this review of school
449 safety best practices, by August 1, 2019, the workgroup shall
450 submit a report to the executive director of the office, which
451 includes, at a minimum:
452 1. A prioritized list for the implementation of school
453 campus hardening and harm mitigation strategies and the
454 estimated costs of and timeframes for implementation of the
455 strategies by school districts and charter schools. The
456 estimated costs must include regional and statewide projections
457 of the implementation costs.
458 2. Recommendations for policy and funding enhancements to
459 strengthen school safety and security.
460 (b) Submit to the commissioner:
461 1. The workgroup’s report pursuant to paragraph (a); and
462 2. Recommendations regarding procedures for the office to
463 use to monitor and enforce compliance by the school districts
464 and charter schools in the implementation of the workgroup’s
465 recommended campus hardening and harm mitigation strategies.
466 (12) By August 1, 2019, develop a standardized, statewide
467 behavioral threat assessment instrument for use by all public
468 schools, including charter schools, which addresses early
469 identification, evaluation, early intervention, and student
470 support.
471 (a) The standardized, statewide behavioral threat
472 assessment instrument must include, but need not be limited to,
473 components and forms that address:
474 1. An assessment of the threat, which includes an
475 assessment of the student, family, and school and social
476 dynamics.
477 2. An evaluation to determine if the threat is transient or
478 substantive.
479 3. The response to a substantive threat, which includes the
480 school response and the role of law enforcement agencies.
481 4. The response to a serious substantive threat, including
482 mental health and law enforcement referrals.
483 5. Ongoing monitoring to assess implementation of safety
484 strategies.
485 6. Training for members of threat assessment teams
486 established under s. 1006.07(7) and school administrators
487 regarding the use of the instrument.
488 (b) The office shall:
489 1. By August 1, 2020, evaluate each school district’s and
490 charter school governing board’s behavioral threat assessment
491 procedures for compliance with this subsection.
492 2. Notify the district school superintendent or charter
493 school governing board, as applicable, if the behavioral threat
494 assessment is not in compliance with this subsection.
495 3. Report any issues of ongoing noncompliance with this
496 subsection to the commissioner and the district school
497 superintendent or the charter school governing board, as
498 applicable.
499 (13) Establish the Statewide Threat Assessment Database
500 Workgroup, composed of members appointed by the department, to
501 complement the work of the department and the Department of Law
502 Enforcement associated with the centralized integrated data
503 repository and data analytics resources initiative and make
504 recommendations regarding the development of a statewide threat
505 assessment database. The database must allow authorized public
506 school personnel to enter information related to any threat
507 assessment conducted at their respective schools using the
508 instrument developed by the office pursuant to subsection (12),
509 and must provide such information to authorized personnel in
510 each school district and public school and to appropriate
511 stakeholders. By December 31, 2019, the workgroup shall provide
512 a report to the office with recommendations that include, but
513 need not be limited to:
514 (a) Threat assessment data that should be required to be
515 entered into the database.
516 (b) School district and public school personnel who should
517 be allowed to input student records to the database and view
518 such records.
519 (c) Database design and functionality, to include data
520 security.
521 (d) Restrictions and authorities on information sharing,
522 including:
523 1. Section 1002.22 and other applicable state laws.
524 2. The Family Educational Rights and Privacy Act (FERPA),
525 20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
526 Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
527 45 C.F.R. part 164, subpart E; and other applicable federal
528 laws.
529 3. The appropriateness of interagency agreements that will
530 allow law enforcement to view database records.
531 (e) The cost to develop and maintain a statewide online
532 database.
533 (f) An implementation plan and timeline for the workgroup
534 recommendations.
535 (14) Monitor compliance with requirements relating to
536 school safety by school districts and public schools, including
537 charter schools. The office shall report incidents of
538 noncompliance to the commissioner pursuant to s. 1001.11(9) and
539 the state board pursuant to s. 1008.32 and other requirements of
540 law, as appropriate.
541 Section 8. Paragraph (b) of subsection (16) of section
542 1002.33, Florida Statutes, is amended to read:
543 1002.33 Charter schools.—
544 (16) EXEMPTION FROM STATUTES.—
545 (b) Additionally, a charter school shall be in compliance
546 with the following statutes:
547 1. Section 286.011, relating to public meetings and
548 records, public inspection, and criminal and civil penalties.
549 2. Chapter 119, relating to public records.
550 3. Section 1003.03, relating to the maximum class size,
551 except that the calculation for compliance pursuant to s.
552 1003.03 shall be the average at the school level.
553 4. Section 1012.22(1)(c), relating to compensation and
554 salary schedules.
555 5. Section 1012.33(5), relating to workforce reductions.
556 6. Section 1012.335, relating to contracts with
557 instructional personnel hired on or after July 1, 2011.
558 7. Section 1012.34, relating to the substantive
559 requirements for performance evaluations for instructional
560 personnel and school administrators.
561 8. Section 1006.12, relating to safe-school officers.
562 9. Section 1006.07(7), relating to threat assessment teams.
563 10. Section 1006.07(9), relating to School Environmental
564 Safety Incident Reporting.
565 11. Section 1006.1493, relating to the Florida Safe Schools
566 Assessment Tool.
567 12. Section 1006.07(6)(c), relating to adopting an active
568 assailant response plan.
569 13. Section 943.082(4)(b), relating to the mobile
570 suspicious activity reporting tool.
571 14. Section 1012.584, relating to youth mental health
572 awareness and assistance training.
573 Section 9. Subsection (2) of section 1003.25, Florida
574 Statutes, is amended to read:
575 1003.25 Procedures for maintenance and transfer of student
576 records.—
577 (2) The procedure for transferring and maintaining records
578 of students who transfer from school to school shall be
579 prescribed by rules of the State Board of Education. The
580 intradistrict transfer of records shall occur within 1 school
581 day, and the interdistrict transfer of records shall occur
582 within 2 school days. The records shall include:
583 (a) Verified reports of serious or recurrent behavior
584 patterns, including threat assessment evaluations and
585 intervention services.
586 (b) Psychological evaluations, including therapeutic
587 treatment plans and therapy or progress notes created or
588 maintained by school district or charter school staff, as
589 appropriate.
590 Section 10. Paragraph (b) of subsection (1) and subsections
591 (6) and (7) of section 1006.07, Florida Statutes, are amended,
592 and subsection (9) is added to that section, to read:
593 1006.07 District school board duties relating to student
594 discipline and school safety.—The district school board shall
595 provide for the proper accounting for all students, for the
596 attendance and control of students at school, and for proper
597 attention to health, safety, and other matters relating to the
598 welfare of students, including:
599 (1) CONTROL OF STUDENTS.—
600 (b) Require each student at the time of initial
601 registration for school in the school district to note previous
602 school expulsions, arrests resulting in a charge, juvenile
603 justice actions, and any corresponding referral referrals to
604 mental health services by the school district the student has
605 had, and have the authority as the district school board of a
606 receiving school district to honor the final order of expulsion
607 or dismissal of a student by any in-state or out-of-state public
608 district school board or private school, or lab school, for an
609 act which would have been grounds for expulsion according to the
610 receiving district school board’s code of student conduct, in
611 accordance with the following procedures:
612 1. A final order of expulsion shall be recorded in the
613 records of the receiving school district.
614 2. The expelled student applying for admission to the
615 receiving school district shall be advised of the final order of
616 expulsion.
617 3. The district school superintendent of the receiving
618 school district may recommend to the district school board that
619 the final order of expulsion be waived and the student be
620 admitted to the school district, or that the final order of
621 expulsion be honored and the student not be admitted to the
622 school district. If the student is admitted by the district
623 school board, with or without the recommendation of the district
624 school superintendent, the student may be placed in an
625 appropriate educational program and referred to mental health
626 services identified by the school district pursuant to s.
627 1012.584(4), when appropriate, at the direction of the district
628 school board.
629 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
630 school superintendent shall establish policies and procedures
631 for the prevention of violence on school grounds, including the
632 assessment of and intervention with individuals whose behavior
633 poses a threat to the safety of the school community.
634 (a) Each district school superintendent shall designate a
635 school administrator as a school safety specialist for the
636 district. The school safety specialist must be a school
637 administrator employed by the school district or a law
638 enforcement officer employed by the sheriff’s office located in
639 the school district. Any school safety specialist designated
640 from the sheriff’s office must first be authorized and approved
641 by the sheriff employing the law enforcement officer. Any school
642 safety specialist designated from the sheriff’s office remains
643 the employee of the office for purposes of compensation,
644 insurance, workers’ compensation, and other benefits authorized
645 by law for a law enforcement officer employed by the sheriff’s
646 office. The sheriff and the school superintendent may determine
647 by agreement the reimbursement for such costs, or may share the
648 costs, associated with employment of the law enforcement officer
649 as a school safety specialist. The school safety specialist must
650 earn a certificate of completion of the school safety specialist
651 training provided by the Office of Safe Schools within 1 year
652 after appointment and is responsible for the supervision and
653 oversight for all school safety and security personnel,
654 policies, and procedures in the school district. The school
655 safety specialist shall:
656 1. Review school district policies and procedures for
657 compliance with state law and rules, including the district’s
658 timely and accurate submission of school environmental safety
659 incident reports to the department pursuant to s. 1001.212(8).
660 2. Provide the necessary training and resources to students
661 and school district staff in matters relating to youth mental
662 health awareness and assistance; emergency procedures, including
663 active shooter training; and school safety and security.
664 3. Serve as the school district liaison with local public
665 safety agencies and national, state, and community agencies and
666 organizations in matters of school safety and security.
667 4. In collaboration with the appropriate public safety
668 agencies, as that term is defined in s. 365.171, annually
669 conduct a school security risk assessment in accordance with s.
670 1006.1493 at each public school using the Florida Safe Schools
671 Assessment Tool school security risk assessment tool developed
672 by the Office of Safe Schools pursuant to s. 1006.1493. Based on
673 the assessment findings, the district’s school safety specialist
674 shall provide recommendations to the district school
675 superintendent and the district school board which identify
676 strategies and activities that the district school board should
677 implement in order to address the findings and improve school
678 safety and security. Annually, Each district school board must
679 receive such findings and the school safety specialist’s
680 recommendations at a publicly noticed district school board
681 meeting to provide the public an opportunity to hear the
682 district school board members discuss and take action on the
683 findings and recommendations. Each school safety specialist
684 shall report such findings and school board action to the Office
685 of Safe Schools within 30 days after the district school board
686 meeting.
687 (b) Each school safety specialist shall coordinate with the
688 appropriate public safety agencies, as defined in s. 365.171,
689 that are designated as first responders to a school’s campus to
690 conduct a tour of such campus once every 3 years and provide
691 recommendations related to school safety. The recommendations by
692 the public safety agencies must be considered as part of the
693 recommendations by the school safety specialist pursuant to
694 paragraph (a).
695 (c) Each district school board and charter school governing
696 board must adopt an active assailant response plan. By October
697 1, 2019, and annually thereafter, each district school
698 superintendent and charter school principal shall certify that
699 all school personnel have received annual training on the
700 procedures contained in the active assailant response plan for
701 the applicable school district or charter school.
702 (7) THREAT ASSESSMENT TEAMS.—Each district school board
703 shall adopt policies for the establishment of threat assessment
704 teams at each school whose duties include the coordination of
705 resources and assessment and intervention with individuals whose
706 behavior may pose a threat to the safety of school staff or
707 students consistent with the model policies developed by the
708 Office of Safe Schools. Such policies must shall include
709 procedures for referrals to mental health services identified by
710 the school district pursuant to s. 1012.584(4), when
711 appropriate, and procedures for behavioral threat assessments in
712 compliance with the instrument developed pursuant to s.
713 1001.212(12).
714 (a) A threat assessment team shall include persons with
715 expertise in counseling, instruction, school administration, and
716 law enforcement. The threat assessment teams shall identify
717 members of the school community to whom threatening behavior
718 should be reported and provide guidance to students, faculty,
719 and staff regarding recognition of threatening or aberrant
720 behavior that may represent a threat to the community, school,
721 or self. Upon the availability of the behavioral threat
722 assessment instrument developed pursuant to s. 1001.212(12), the
723 threat assessment team shall use that instrument.
724 (b) Upon a preliminary determination that a student poses a
725 threat of violence or physical harm to himself or herself or
726 others, a threat assessment team shall immediately report its
727 determination to the superintendent or his or her designee. The
728 superintendent or his or her designee shall immediately attempt
729 to notify the student’s parent or legal guardian. Nothing in
730 this subsection shall preclude school district personnel from
731 acting immediately to address an imminent threat.
732 (c) Upon a preliminary determination by the threat
733 assessment team that a student poses a threat of violence to
734 himself or herself or others or exhibits significantly
735 disruptive behavior or need for assistance, authorized members
736 of the threat assessment team may obtain criminal history record
737 information pursuant to s. 985.04(1), as provided in s. 985.047.
738 A member of a threat assessment team may not disclose any
739 criminal history record information obtained pursuant to this
740 section or otherwise use any record of an individual beyond the
741 purpose for which such disclosure was made to the threat
742 assessment team.
743 (d) Notwithstanding any other provision of law, all state
744 and local agencies and programs that provide services to
745 students experiencing or at risk of an emotional disturbance or
746 a mental illness, including the school districts, school
747 personnel, state and local law enforcement agencies, the
748 Department of Juvenile Justice, the Department of Children and
749 Families, the Department of Health, the Agency for Health Care
750 Administration, the Agency for Persons with Disabilities, the
751 Department of Education, the Statewide Guardian Ad Litem Office,
752 and any service or support provider contracting with such
753 agencies, may share with each other records or information that
754 are confidential or exempt from disclosure under chapter 119 if
755 the records or information are reasonably necessary to ensure
756 access to appropriate services for the student or to ensure the
757 safety of the student or others. All such state and local
758 agencies and programs shall communicate, collaborate, and
759 coordinate efforts to serve such students.
760 (e) If an immediate mental health or substance abuse crisis
761 is suspected, school personnel shall follow policies established
762 by the threat assessment team to engage behavioral health crisis
763 resources. Behavioral health crisis resources, including, but
764 not limited to, mobile crisis teams and school resource officers
765 trained in crisis intervention, shall provide emergency
766 intervention and assessment, make recommendations, and refer the
767 student for appropriate services. Onsite school personnel shall
768 report all such situations and actions taken to the threat
769 assessment team, which shall contact the other agencies involved
770 with the student and any known service providers to share
771 information and coordinate any necessary followup actions. Upon
772 the student’s transfer to a different school, the threat
773 assessment team shall verify that any intervention services
774 provided to the student remain in place until the threat
775 assessment team of the receiving school independently determines
776 the need for intervention services.
777 (f) Each threat assessment team established pursuant to
778 this subsection shall report quantitative data on its activities
779 to the Office of Safe Schools in accordance with guidance from
780 the office and shall utilize the threat assessment database
781 developed pursuant to s. 1001.212(13) upon the availability of
782 the database.
783 (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
784 district school board shall adopt policies to ensure the
785 accurate and timely reporting of incidents related to school
786 safety and discipline. The district school superintendent is
787 responsible for school environmental safety incident reporting.
788 A district school superintendent who fails to comply with this
789 subsection is subject to the penalties specified in law,
790 including, but not limited to, s. 1001.42(13)(b) or s.
791 1001.51(12)(b), as applicable. The State Board of Education
792 shall adopt rules establishing the requirements for the school
793 environmental safety incident report.
794 Section 11. Section 1006.12, Florida Statutes, is amended
795 to read:
796 1006.12 Safe-school officers at each public school.—For the
797 protection and safety of school personnel, property, students,
798 and visitors, each district school board, and school district
799 superintendent, and charter school governing board, as
800 applicable, shall partner with law enforcement agencies to
801 establish or assign one or more safe-school officers at each
802 school facility within the district by implementing any
803 combination of the following options which best meets the needs
804 of the school district:
805 (1) Establish school resource officer programs, through a
806 cooperative agreement with law enforcement agencies.
807 (a) School resource officers shall undergo criminal
808 background checks, drug testing, and a psychological evaluation
809 and be certified law enforcement officers, as defined in s.
810 943.10(1), who are employed by a law enforcement agency as
811 defined in s. 943.10(4). The powers and duties of a law
812 enforcement officer shall continue throughout the employee’s
813 tenure as a school resource officer.
814 (b) School resource officers shall abide by district school
815 board policies and shall consult with and coordinate activities
816 through the school principal, but shall be responsible to the
817 law enforcement agency in all matters relating to employment,
818 subject to agreements between a district school board and a law
819 enforcement agency. Activities conducted by the school resource
820 officer which are part of the regular instructional program of
821 the school shall be under the direction of the school principal.
822 (c) Complete mental health crisis intervention training
823 using a curriculum developed by a national organization with
824 expertise in mental health crisis intervention. The training
825 shall improve officers’ knowledge and skills as first responders
826 to incidents involving students with emotional disturbance or
827 mental illness, including de-escalation skills to ensure student
828 and officer safety.
829 (2) Commission one or more school safety officers for the
830 protection and safety of school personnel, property, and
831 students within the school district. The district school
832 superintendent may recommend, and the district school board may
833 appoint, one or more school safety officers.
834 (a) School safety officers shall undergo criminal
835 background checks, drug testing, and a psychological evaluation
836 and be law enforcement officers, as defined in s. 943.10(1),
837 certified under the provisions of chapter 943 and employed by
838 either a law enforcement agency or by the district school board.
839 If the officer is employed by the district school board, the
840 district school board is the employing agency for purposes of
841 chapter 943, and must comply with the provisions of that
842 chapter.
843 (b) A school safety officer has and shall exercise the
844 power to make arrests for violations of law on district school
845 board property and to arrest persons, whether on or off such
846 property, who violate any law on such property under the same
847 conditions that deputy sheriffs are authorized to make arrests.
848 A school safety officer has the authority to carry weapons when
849 performing his or her official duties.
850 (c) A district school board may enter into mutual aid
851 agreements with one or more law enforcement agencies as provided
852 in chapter 23. A school safety officer’s salary may be paid
853 jointly by the district school board and the law enforcement
854 agency, as mutually agreed to.
855 (3) At the school district’s or the charter school
856 governing board’s discretion, participate in the Coach Aaron
857 Feis Guardian Program if such program is established pursuant to
858 s. 30.15, to meet the requirement of establishing a safe-school
859 officer. The following individuals may serve as a school
860 guardian upon satisfactory completion of the requirements under
861 s. 30.15(1)(k) and certification by a sheriff:
862 (a) A school district employee or personnel, as defined
863 under s. 1012.01, or a charter school employee, as provided
864 under s. 1002.33(12)(a), who volunteers to serve as a school
865 guardian in addition to his or her official job duties;
866 (b) An employee of a school district or a charter school
867 who is hired for the specific purpose of serving as a school
868 guardian; or
869 (c) A contract employee licensed under s. 493.6301 who
870 works in the school district or for a charter school through a
871 contract with a security agency as that term is defined in s.
872 493.6101(18). Contract employees may receive school guardian
873 training through a participating sheriff’s office contingent
874 upon defined financial or service obligations by the security
875 agency enumerated in the contract between the school district or
876 the charter school governing board, as appropriate, and the
877 security agency.
878 (4) Any information that would identify whether a
879 particular individual has been appointed as a safe-school
880 officer pursuant to this section held by a law enforcement
881 agency, school district, or charter school is exempt from s.
882 119.07(1) and s. 24(a), Art. I of the State Constitution. This
883 subsection is subject to the Open Government Sunset Review Act
884 in accordance with s. 119.15 and shall stand repealed on October
885 2, 2023, unless reviewed and saved from repeal through
886 reenactment by the Legislature.
887 Section 12. Section 1006.1493, Florida Statutes, is amended
888 to read:
889 1006.1493 Florida Safe Schools Assessment Tool.—
890 (1) The department, through the Office of Safe Schools
891 pursuant s. 1001.212, shall contract with a security consulting
892 firm that specializes in the development of risk assessment
893 software solutions and has experience in conducting security
894 assessments of public facilities to develop, update, and
895 implement a risk assessment tool, which shall be known as the
896 Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
897 the primary physical site security assessment tool as revised
898 and required by the Office of Safe Schools which is used by
899 school officials at each school district and public school site
900 in the state in conducting security assessments for use by
901 school officials at each school district and public school site
902 in the state.
903 (2) The FSSAT must help school officials identify threats,
904 vulnerabilities, and appropriate safety controls for the schools
905 that they supervise, pursuant to the security risk assessment
906 requirements of s. 1006.07(6).
907 (a) At a minimum, the FSSAT must address all of the
908 following components:
909 1. School emergency and crisis preparedness planning;
910 2. Security, crime, and violence prevention policies and
911 procedures;
912 3. Physical security measures;
913 4. Professional development training needs;
914 5. An examination of support service roles in school
915 safety, security, and emergency planning;
916 6. School security and school police staffing, operational
917 practices, and related services;
918 7. School and community collaboration on school safety; and
919 8. A return on investment analysis of the recommended
920 physical security controls.
921 (b) The department shall require by contract that the
922 security consulting firm:
923 1. Generate written automated reports on assessment
924 findings for review by the department and school and district
925 officials;
926 2. Provide training to the department and school officials
927 in the use of the FSSAT and other areas of importance identified
928 by the department; and
929 3. Advise in the development and implementation of
930 templates, formats, guidance, and other resources necessary to
931 facilitate the implementation of this section at state,
932 district, school, and local levels.
933 (3) The Office of Safe Schools must provide annual training
934 to each district’s school safety specialist and other
935 appropriate school district personnel on the assessment of
936 physical site security and completing the FSSAT.
937 (4) By October 1 of each year, each district school
938 superintendent shall submit an FSSAT assessment to the
939 department for each school site. Each school-specific assessment
940 must be approved by the district superintendent or his or her
941 designee, who must be the district’s school safety specialist or
942 a deputy superintendent or assistant superintendent. Any
943 superintendent who fails to comply with the requirements of this
944 subsection is subject to penalties under s. 1001.51(12)(b) and
945 other sanctions that may be applied by the commissioner or state
946 board.
947 (5) By December 1 of each year, By December 1, 2018, and
948 annually by that date thereafter, the department shall must
949 report to the Governor, the President of the Senate, and the
950 Speaker of the House of Representatives on the status of
951 implementation across school districts and schools. The report
952 must include a summary of the positive school safety measures in
953 place at the time of the assessment and any recommendations for
954 policy changes or funding needed to facilitate continued school
955 safety planning, improvement, and response at the state,
956 district, or school levels.
957 (6)(4) In accordance with ss. 119.071(3)(a) and 281.301,
958 data and information related to security risk assessments
959 administered pursuant to this section and s. 1006.07(6) and the
960 security information contained in the annual report required
961 pursuant to subsection (5) subsection (3) are confidential and
962 exempt from public records requirements.
963 Section 13. Subsection (15) of section 1011.62, Florida
964 Statutes, is amended to read:
965 1011.62 Funds for operation of schools.—If the annual
966 allocation from the Florida Education Finance Program to each
967 district for operation of schools is not determined in the
968 annual appropriations act or the substantive bill implementing
969 the annual appropriations act, it shall be determined as
970 follows:
971 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
972 created to provide funding to assist school districts in their
973 compliance with ss. 1006.07-1006.12 s. 1006.07, with priority
974 given to safe-school officers implementing the district’s school
975 resource officer program pursuant to s. 1006.12. Each school
976 district shall receive a minimum safe schools allocation in an
977 amount provided in the General Appropriations Act. Of the
978 remaining balance of the safe schools allocation, two-thirds
979 shall be allocated to school districts based on the most recent
980 official Florida Crime Index provided by the Department of Law
981 Enforcement and one-third shall be allocated based on each
982 school district’s proportionate share of the state’s total
983 unweighted full-time equivalent student enrollment. Any
984 additional funds appropriated to this allocation in the 2018
985 2019 fiscal year must to the school resource officer program
986 established pursuant to s. 1006.12 shall be used exclusively for
987 employing or contracting for safe-school resource officers,
988 established or assigned under s. 1006.12 which shall be in
989 addition to the number of officers employed or contracted for in
990 the 2017-2018 fiscal year. This subsection applies retroactively
991 to July 1, 2018. The amendments to this subsection are intended
992 to be clarifying and remedial in nature.
993 Section 14. Effective July 1, 2019, paragraph (b) of
994 subsection (6), subsection (15), as amended by this act, and
995 subsection (16) of section 1011.62, Florida Statutes, are
996 amended to read:
997 1011.62 Funds for operation of schools.—If the annual
998 allocation from the Florida Education Finance Program to each
999 district for operation of schools is not determined in the
1000 annual appropriations act or the substantive bill implementing
1001 the annual appropriations act, it shall be determined as
1002 follows:
1003 (6) CATEGORICAL FUNDS.—
1004 (b) If a district school board finds and declares in a
1005 resolution adopted at a regular meeting of the school board that
1006 the funds received for any of the following categorical
1007 appropriations are urgently needed to maintain school board
1008 specified academic classroom instruction or improve school
1009 safety, the school board may consider and approve an amendment
1010 to the school district operating budget transferring the
1011 identified amount of the categorical funds to the appropriate
1012 account for expenditure:
1013 1. Funds for student transportation.
1014 2. Funds for research-based reading instruction if the
1015 required additional hour of instruction beyond the normal school
1016 day for each day of the entire school year has been provided for
1017 the students in each low-performing elementary school in the
1018 district pursuant to paragraph (9)(a).
1019 3. Funds for instructional materials if all instructional
1020 material purchases necessary to provide updated materials that
1021 are aligned with applicable state standards and course
1022 descriptions and that meet statutory requirements of content and
1023 learning have been completed for that fiscal year, but no sooner
1024 than March 1. Funds available after March 1 may be used to
1025 purchase hardware for student instruction.
1026 4. Funds for the guaranteed allocation as provided in
1027 subparagraph (1)(e)2.
1028 5. Funds for the supplemental academic instruction
1029 allocation as provided in paragraph (1)(f).
1030 6. Funds for the Florida digital classrooms allocation as
1031 provided in subsection (12).
1032 7. Funds for the federally connected student supplement as
1033 provided in subsection (13).
1034 8. Funds for class size reduction as provided in s.
1035 1011.685.
1036 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
1037 created to provide funding to assist school districts in their
1038 compliance with ss. 1006.07-1006.12, with priority given to
1039 safe-school officers pursuant to s. 1006.12. Each school
1040 district shall receive a minimum safe schools allocation in an
1041 amount provided in the General Appropriations Act. Of the
1042 remaining balance of the safe schools allocation, one-third two
1043 thirds shall be allocated to school districts based on the most
1044 recent official Florida Crime Index provided by the Department
1045 of Law Enforcement and two-thirds one-third shall be allocated
1046 based on each school district’s proportionate share of the
1047 state’s total unweighted full-time equivalent student
1048 enrollment. Any additional funds appropriated to this allocation
1049 in the 2018-2019 fiscal year must be used exclusively for
1050 employing or contracting for safe-school officers, established
1051 or assigned under s. 1006.12. This subsection applies
1052 retroactively to July 1, 2018. The amendments to this subsection
1053 are intended to be clarifying and remedial in nature.
1054 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
1055 assistance allocation is created to provide funding to assist
1056 school districts in establishing or expanding school-based
1057 mental health care and mental health programs that increase
1058 awareness of mental health issues among children and school-age
1059 youth; train educators and other school staff in detecting and
1060 responding to mental health issues; and connect children, youth,
1061 and families who may experience behavioral health issues with
1062 appropriate services. These funds shall be allocated annually in
1063 the General Appropriations Act or other law to each eligible
1064 school district. Each school district shall receive a minimum of
1065 $100,000, with the remaining balance allocated based on each
1066 school district’s proportionate share of the state’s total
1067 unweighted full-time equivalent student enrollment. Eligible
1068 Charter schools that submit a plan separate from the school
1069 district are entitled to a proportionate share of district
1070 funding. At least 90 percent of a district’s allocation must be
1071 expended on the elements specified in subparagraphs (b)1. and 2.
1072 The allocated funds may not supplant funds that are provided for
1073 this purpose from other operating funds and may not be used to
1074 increase salaries or provide bonuses. School districts are
1075 encouraged to maximize third-party third party health insurance
1076 benefits and Medicaid claiming for services, where appropriate.
1077 (a) Before the distribution of the allocation:
1078 1. The school district must develop and submit a detailed
1079 plan outlining the local program and planned expenditures to the
1080 district school board for approval. This plan must include all
1081 district schools, including charter schools, unless a charter
1082 school elects to submit a plan independently from the school
1083 district pursuant to subparagraph 2.
1084 2. A charter school may must develop and submit a detailed
1085 plan outlining the local program and planned expenditures to its
1086 governing body for approval. After the plan is approved by the
1087 governing body, it must be provided to the charter school’s
1088 sponsor.
1089 (b) The plans required under paragraph (a) must be focused
1090 on a multi-tiered system of supports to deliver delivering
1091 evidence-based mental health care assessment, diagnosis,
1092 intervention, treatment, and recovery services to students with
1093 one or more mental health or co-occurring substance abuse
1094 diagnoses and to students at high risk of such diagnoses. The
1095 provision of these services must be coordinated with a student’s
1096 primary mental health care provider and with other mental health
1097 providers involved in the student’s care. At a minimum, the
1098 plans must treatment to children and include the following
1099 elements:
1100 1. Direct employment of school-based mental health services
1101 providers to expand and enhance school-based student services
1102 and to reduce the ratio of students to staff in order to better
1103 align with nationally recommended ratio models. These providers
1104 include, but are not limited to, school counselors, school
1105 health staff, school psychologists, school social workers, and
1106 other licensed mental health professionals. The plan also must
1107 identify strategies to increase the amount of time that school
1108 based student services personnel spend providing direct services
1109 to students, which may include the review and revision of
1110 district staffing resource allocations based on school or
1111 student mental health assistance needs Provision of mental
1112 health assessment, diagnosis, intervention, treatment, and
1113 recovery services to students with one or more mental health or
1114 co-occurring substance abuse diagnoses and students at high risk
1115 of such diagnoses.
1116 2. Contracts or interagency agreements with one or more
1117 nationally accredited local community behavioral health
1118 providers or providers of Community Action Team services to
1119 provide a behavioral health staff presence and services at
1120 district schools. Services may include, but are not limited to,
1121 mental health screenings and assessments, individual counseling,
1122 family counseling, group counseling, psychiatric or
1123 psychological services, trauma-informed care, mobile crisis
1124 services, and behavior modification. These behavioral health
1125 services may be provided on or off the school campus and may be
1126 supplemented by telehealth Coordination of such services with a
1127 student’s primary care provider and with other mental health
1128 providers involved in the student’s care.
1129 3. Policies and procedures, including contracts with
1130 service providers, which will ensure that students who are
1131 referred to a school-based or community-based mental health
1132 service provider for mental health screening for the
1133 identification of mental health concerns and ensure that the
1134 assessment of students at risk for mental health disorders
1135 occurs within 15 days of referral. School-based mental health
1136 services must be initiated within 15 days after identification
1137 and assessment, and support by community-based mental health
1138 service providers for students who are referred for community
1139 based mental health services must be initiated within 30 days
1140 after the school or district makes a referral Direct employment
1141 of such service providers, or a contract-based collaborative
1142 effort or partnership with one or more local community mental
1143 health programs, agencies, or providers.
1144 4. Programs to assist students in dealing with anxiety,
1145 depression, bullying, trauma, and violence.
1146 5. Strategies or programs to reduce the likelihood of at
1147 risk students developing social, emotional, or behavioral health
1148 problems, suicidal tendencies, or substance use disorders.
1149 6. Strategies to improve the early identification of
1150 social, emotional, or behavioral problems or substance use
1151 disorders and to improve the provision of early intervention
1152 services.
1153 7. Information and data on the following:
1154 a. The number and types of school-based student services
1155 personnel employed from the funds provided through the
1156 allocation;
1157 b. The number of students who received school-based mental
1158 health interventions during the prior school year; and
1159 c. The number of students referred to community-based
1160 mental health care providers for services during the prior
1161 school year.
1162 (c) School districts shall submit approved plans, including
1163 approved plans of each charter school in the district, to the
1164 commissioner by August 1 of each fiscal year.
1165 (d) Beginning September 30, 2019, and annually by September
1166 30 thereafter, each school district shall submit to the
1167 Department of Education a report on its program outcomes and
1168 expenditures for the previous fiscal year that, at a minimum,
1169 must include the number of each of the following:
1170 1. Students who receive screenings or assessments.
1171 2. Students who are referred for services or assistance.
1172 3. Students who receive services or assistance.
1173 4. Direct employment service providers employed by each
1174 school district.
1175 5. Contract-based collaborative efforts or partnerships
1176 with community mental health programs, agencies, or providers.
1177 Section 15. For the purpose of incorporating the amendment
1178 made by this act to section 843.08, Florida Statutes, in a
1179 reference thereto, paragraph (b) of subsection (3) of section
1180 921.0022, Florida Statutes, is reenacted to read:
1181 921.0022 Criminal Punishment Code; offense severity ranking
1182 chart.—
1183 (3) OFFENSE SEVERITY RANKING CHART
1184 (b) LEVEL 2
1185
1186 FloridaStatute FelonyDegree Description
1187 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
1188 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
1189 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
1190 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
1191 590.28(1) 3rd Intentional burning of lands.
1192 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
1193 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
1194 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
1195 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
1196 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
1197 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
1198 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
1199 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
1200 817.234(1)(a)2. 3rd False statement in support of insurance claim.
1201 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
1202 817.52(3) 3rd Failure to redeliver hired vehicle.
1203 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
1204 817.60(5) 3rd Dealing in credit cards of another.
1205 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
1206 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
1207 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
1208 831.01 3rd Forgery.
1209 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
1210 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
1211 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
1212 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
1213 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
1214 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
1215 843.08 3rd False personation.
1216 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
1217 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
1218
1219 Section 16. The Legislature finds that a proper and
1220 legitimate state purpose is served when district school boards
1221 are afforded options for the provision of safe-school officers
1222 for the protection and safety of school personnel, property,
1223 students, and visitors. School guardians must be available to
1224 any district school board that chooses such an option.
1225 Therefore, the Legislature determines and declares that this act
1226 fulfills an important state interest.
1227 Section 17. Except as otherwise expressly provided in this
1228 act, this act shall take effect upon becoming a law.