Bill Text: FL S1886 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Zero Tolerance for Crime and Victimization in Schools
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2012-03-09 - Died in Messages [S1886 Detail]
Download: Florida-2012-S1886-Introduced.html
Bill Title: Zero Tolerance for Crime and Victimization in Schools
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2012-03-09 - Died in Messages [S1886 Detail]
Download: Florida-2012-S1886-Introduced.html
Florida Senate - 2012 SB 1886 By Senator Wise 5-01064A-12 20121886__ 1 A bill to be entitled 2 An act relating to zero tolerance for crime and 3 victimization in schools; amending s. 1006.13, F.S.; 4 revising legislative intent to encourage schools to 5 address disruptive behavior through school offense 6 protocols; requiring that each district school board 7 adopt a policy for reporting to a law enforcement 8 agency acts that pose a serious threat to school 9 safety; requiring that acts that do not pose a serious 10 threat to school safety be handled within the school’s 11 disciplinary system; requiring that a child accused of 12 a misdemeanor offense not be arrested and formally 13 processed in the juvenile justice system; requiring 14 that minor incidents be diverted from the juvenile 15 justice system or handled within the school system’s 16 disciplinary system; requiring that each district 17 school board enter into an agreement with the county 18 sheriff’s office and local police department which 19 includes a role for school resource officers, if 20 applicable, to handle reported incidents that pose a 21 serious threat to school safety; requiring the school 22 principal to certify, in writing, when an arrest of a 23 student under the jurisdiction of the school board is 24 for an incident that is a serious threat to school 25 safety; requiring that, by a specified date and 26 annually thereafter, each school district provide its 27 policies related to zero tolerance for crime and 28 victimization to the Department of Education; 29 providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 1006.13, Florida Statutes, is amended to 34 read: 35 1006.13 Policy of zero tolerance for crime and 36 victimization.— 37 (1) It is the intent of the Legislature to promote a safe 38 and supportive learning environment in schools, to protect 39 students and staff from conduct that poses a serious threat to 40 school safety, and to encourage schools to use alternatives to 41 expulsion or referral to law enforcement agencies by addressing 42 disruptive behavior through restitution, civil citation, teen 43 court, neighborhood restorative justice, school offense 44 protocols, or similar programs. The Legislature finds that zero 45 tolerance policies are not intended to be rigorously applied to 46 petty acts of misconduct and misdemeanors, including, but not47limited to, minor fights or disturbances. The Legislature finds 48 that zero-tolerance policies must apply equally to all students 49 regardless of their economic status, race, or disability. 50 (2) Each district school board shall adopt a policy of zero 51 tolerance that: 52 (a) Defines criteria for reporting to a law enforcement 53 agency any act that occurs whenever or wherever students are 54 within the jurisdiction of the district school board and that 55 poses a serious threat to school safety. Acts that do not pose a 56 serious threat to school safety shall be handled within the 57 school’s disciplinary system. 58 (b) Defines acts that pose a serious threat to school 59 safety. 60 (c) Defines petty acts of misconduct. 61 (d) Provides that school officials shall not request a law 62 enforcement agency to respond to misdemeanors and petty acts of 63 misconduct. Such incidents shall be handled within the school 64 system’s discipline system. 65 (e)(d)Minimizes the victimization of students, staff, or 66 volunteers, including taking all steps necessary to protect the 67 victim of any violent crime from any further victimization. 68 (f)(e)Establishes a procedure that provides each student 69 with the opportunity for a review of the disciplinary action 70 imposed pursuant to s. 1006.07. 71 (3) Zero-tolerance policies must require students found to 72 have committed one of the following offenses to be expelled, 73 with or without continuing educational services, from the 74 student’s regular school for a period of not less than 1 full 75 year, and to be referred to the criminal justice or juvenile 76 justice system. 77 (a) Bringing a firearm or weapon, as defined in chapter 78 790, to school, to any school function, or onto any school 79 sponsored transportation or possessing a firearm at school. 80 (b) Making a threat or false report, as defined by ss. 81 790.162 and 790.163, respectively, involving school or school 82 personnel’s property, school transportation, or a school 83 sponsored activity. 84 85 District school boards may assign the student to a disciplinary 86 program for the purpose of continuing educational services 87 during the period of expulsion. District school superintendents 88 may consider the 1-year expulsion requirement on a case-by-case 89 basis and request the district school board to modify the 90 requirement by assigning the student to a disciplinary program 91 or second chance school if the request for modification is in 92 writing and it is determined to be in the best interest of the 93 student and the school system. If a student committing any of 94 the offenses in this subsection is a student who has a 95 disability, the district school board shall comply with 96 applicable State Board of Education rules. 97 (4)(a) Each district school board shall enter into 98 agreements with the county sheriff’s office and local police 99 department specifying guidelines for ensuring that acts that 100 pose a serious threat to school safety, whether committed by a 101 student or adult, are reported to a law enforcement agency. 102 (b) The agreements must include the role of school resource 103 officers, if applicable, in handling reported incidents that 104 pose a serious threat to school safety and,circumstances in 105 which school officials may handle all other incidents without 106 filing a report with a law enforcement agency, and a procedure107for ensuring that school personnel properly report appropriate108delinquent acts and crimes. 109 (c) Zero-tolerance policies do not require the reporting of 110 petty acts of misconduct and misdemeanors to a law enforcement 111 agency, including, but not limited to, disorderly conduct, 112 disrupting a school function, simple assault or battery, affray, 113 theft of less than $300, trespassing,andvandalism of less than 114 $1,000, and other misdemeanors. 115 (d) The school principal shall ensure that all school 116 personnel are properly informed as to their responsibilities 117 regarding crime reporting, that appropriate delinquent acts and 118 crimes are properly reported, and that actions taken in cases 119 with special circumstances are properly taken and documented. In 120 addition, the school principal shall certify, in writing, when 121 any arrest of a student under the jurisdiction of the school 122 board is for an incident that is a serious threat to school 123 safety. 124 (5) Notwithstanding any otherprovision oflaw, each 125 district school board shall adopt rules providing that any 126 student found to have committed any offense in s. 784.081(1), 127 (2), or (3) shall be expelled or placed in an alternative school 128 setting or other program, as appropriate. Upon being charged 129 with the offense, the student shall be removed from the 130 classroom immediately and placed in an alternative school 131 setting pending disposition. 132 (6)(a) Notwithstanding any provision of law prohibiting the 133 disclosure of the identity of a minor, whenever any student who 134 is attending a public school is adjudicated guilty of or 135 delinquent for, or is found to have committed, regardless of 136 whether adjudication is withheld, or pleads guilty or nolo 137 contendere to, a felony violation of: 138 1. Chapter 782, relating to homicide; 139 2. Chapter 784, relating to assault, battery, and culpable 140 negligence; 141 3. Chapter 787, relating to kidnapping, false imprisonment, 142 luring or enticing a child, and custody offenses; 143 4. Chapter 794, relating to sexual battery; 144 5. Chapter 800, relating to lewdness and indecent exposure; 145 6. Chapter 827, relating to abuse of children; 146 7. Section 812.13, relating to robbery; 147 8. Section 812.131, relating to robbery by sudden 148 snatching; 149 9. Section 812.133, relating to carjacking; or 150 10. Section 812.135, relating to home-invasion robbery, 151 152 and, before or at the time of such adjudication, withholding of 153 adjudication, or plea, the offender was attending a school 154 attended by the victim or a sibling of the victim of the 155 offense, the Department of Juvenile Justice shall notify the 156 appropriate district school board of the adjudication or plea, 157 the requirements in this paragraph, and whether the offender is 158 prohibited from attending that school or riding on a school bus 159 whenever the victim or a sibling of the victim is attending the 160 same school or riding on the same school bus, except as provided 161 pursuant to a written disposition order under s. 985.455(2). 162 Upon receipt of such notice, the district school board shall 163 take appropriate action to effectuate the provisions in 164 paragraph (b). 165 (b) Each district school board shall adopt a cooperative 166 agreement with the Department of Juvenile Justice which 167 establishes guidelines for ensuring that any no-contactno168contactorder entered by a court is reported and enforced and 169 that all of the necessary steps are taken to protect the victim 170 of the offense. Any offender described in paragraph (a), who is 171 not exempted as provided in paragraph (a), may not attend any 172 school attended by the victim or a sibling of the victim of the 173 offense or ride on a school bus on which the victim or a sibling 174 of the victim is riding. The offender shall be permitted by the 175 district school board to attend another school within the 176 district in which the offender resides, only if the other school 177 is not attended by the victim or sibling of the victim of the 178 offense; or the offender may be permitted by another district 179 school board to attend a school in that district if the offender 180 is unable to attend any school in the district in which the 181 offender resides. 182 (c) If the offender is unable to attend any other school in 183 the district in which the offender resides and is prohibited 184 from attending a school in another school district, the district 185 school board in the school district in which the offender 186 resides shall take every reasonable precaution to keep the 187 offender separated from the victim while on school grounds or on 188 school transportation. The steps to be taken by a district 189 school board to keep the offender separated from the victim must 190 include, but are not limited to, in-school suspension of the 191 offender and the scheduling of classes, lunch, or other school 192 activities of the victim and the offender so as not to coincide. 193 (d) The offender, or the parents of the offender if the 194 offender is a juvenile, shall arrange and pay for transportation 195 associated with or required by the offender’s attending another 196 school or that would be required as a consequence of the 197 prohibition against riding on a school bus on which the victim 198 or a sibling of the victim is riding. However, the offender or 199 the parents of the offender may not be charged for existing 200 modes of transportation that can be used by the offender at no 201 additional cost to the district school board. 202 (7) Any disciplinary or prosecutorial action taken against 203 a student who violates a zero-tolerance policy must be based on 204 the particular circumstances of the student’s misconduct. 205 (8) School districts are encouraged to use alternatives to 206 expulsion or referral to law enforcement agencies unless the use 207 of such alternatives will pose a threat to school safety. By 208 September 1, 2013, and annually thereafter, each school district 209 shall provide its policy related to zero tolerance to the 210 department to ensure compliance. 211 Section 2. This act shall take effect July 1, 2012.