Bill Text: FL S7026 | 2018 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Safety
Spectrum: Committee Bill
Status: (Passed) 2018-03-09 - Chapter No. 2018-3 [S7026 Detail]
Download: Florida-2018-S7026-Engrossed.html
Bill Title: Public Safety
Spectrum: Committee Bill
Status: (Passed) 2018-03-09 - Chapter No. 2018-3 [S7026 Detail]
Download: Florida-2018-S7026-Engrossed.html
CS for SB 7026 First Engrossed
20187026e1
1 A bill to be entitled
2 An act relating to public safety; providing a short
3 title; providing legislative findings; amending
4 16.555, F.S.; authorizing the awarding of grants
5 through the Crime Stoppers Trust Fund for student
6 crime watch programs; amending s. 20.15, F.S.;
7 establishing the Office of Safe Schools within the
8 Department of Education; amending s. 30.15, F.S.;
9 providing that each sheriff may establish a school
10 marshal program and appoint certain volunteer school
11 employees as school marshals; providing sheriff and
12 school marshal requirements; requiring certain
13 documentation and records be maintained relating to
14 such school marshals; amending s. 121.091, F.S.;
15 authorizing certain retired law enforcement officers
16 to be reemployed as school resource officers after
17 meeting specified termination requirements;
18 authorizing such retired law enforcement officers to
19 receive compensation and retirement benefits after a
20 specified period; providing that such retired law
21 enforcement officers may not renew membership in the
22 Florida Retirement System, except as otherwise
23 provided; amending s. 394.463, F.S.; requiring when
24 practicable that a law enforcement officer with
25 certain training be assigned to serve and execute
26 certain ex parte orders; authorizing a law enforcement
27 officer to seize and hold firearms and ammunition if
28 taking custody of a person who poses a potential
29 danger to himself or herself or others and who has
30 made a credible threat against another person;
31 authorizing a law enforcement officer to seek the
32 voluntary surrender of firearms and ammunition kept in
33 the residence if the law enforcement officer takes
34 custody of the person at the person’s residence and
35 certain criteria are met; authorizing such law
36 enforcement officer to petition an appropriate court
37 for a risk protection order under certain
38 circumstances; requiring that firearms and ammunition
39 seized or voluntarily surrendered be returned within a
40 certain timeframe under specified circumstances;
41 providing exceptions; requiring law enforcement
42 agencies to develop policies and procedures relating
43 to the seizure, storage, and return of firearms and
44 ammunition; amending s. 394.495, F.S.; requiring the
45 Department of Children and Families to contract for
46 community action treatment teams throughout the state
47 with the managing entities; specifying requirements
48 for community action treatment teams; subject to
49 legislative appropriation, requiring the department to
50 contract for additional teams to ensure statewide
51 availability of services; creating s. 790.064, F.S.;
52 prohibiting a person who has been adjudicated mentally
53 defective or been committed to a mental institution
54 from owning or possessing a firearm until certain
55 relief is obtained; specifying that the firearm
56 possession and ownership disability runs concurrently
57 with the firearm purchase disability under certain
58 provisions; authorizing a person to petition for
59 relief from the firearm possession and ownership
60 disability; requiring that petitions for relief follow
61 certain procedures; authorizing such person to
62 petition for simultaneous relief; amending s. 790.065,
63 F.S.; prohibiting a person younger than a certain age
64 from purchasing a firearm; prohibiting the sale or
65 transfer, or facilitation of a sale or transfer, of a
66 firearm to a person younger than a certain age by a
67 licensed importer, licensed manufacturer, or licensed
68 dealer; providing criminal penalties; providing
69 exceptions; amending s. 790.0655, F.S.; revising the
70 mandatory waiting period to the later of either 3
71 days, excluding weekends and legal holidays, or upon
72 the completion of certain records checks; revising and
73 redefining terms; requiring that records of firearm
74 sales be available for inspection by any law
75 enforcement agency during normal business hours;
76 revising applicability of the waiting period;
77 conforming provisions to changes made by the act;
78 creating s. 790.222, F.S.; defining the term “bump
79 fire stock”; prohibiting specified acts relating to
80 the sale and possession of bump-fire stocks; providing
81 criminal penalties; providing legislative intent;
82 providing a short title; creating s. 790.401, F.S.;
83 defining terms; creating an action known as a petition
84 for a risk protection order to prevent persons who are
85 at high risk of harming themselves or others from
86 accessing firearms or ammunition; providing
87 requirements for petitions for such orders; providing
88 duties for courts and clerks of court; prohibiting
89 fees for the filing of or service of process of such
90 petitions; providing for jurisdiction for such
91 petitions; requiring hearings on petitions within a
92 specified period; providing service requirements;
93 providing grounds that may be considered in
94 determining whether to grant such a petition;
95 providing requirements for proceedings; providing
96 requirements for risk protection orders; requiring the
97 court to inform a respondent of his or her right to
98 request a certain hearing; authorizing temporary ex
99 parte orders under certain circumstances; providing
100 requirements for petitions for such ex parte orders;
101 providing for service of orders; providing for the
102 termination or extension of an order; providing for
103 the surrender and storage of firearms, ammunition, and
104 licenses to carry a concealed weapon or firearm after
105 issuance of a risk protection order; requiring law
106 enforcement agencies to develop certain policies and
107 procedures; providing for return of firearms and
108 ammunition upon the vacating or end without the
109 extension of an order under certain circumstances;
110 authorizing a respondent to elect to transfer all
111 firearms and ammunition surrendered or seized by a law
112 enforcement agency to another person under certain
113 circumstances; requiring a clerk of the court to
114 forward a copy of a risk protection order to the
115 appropriate law enforcement agency within a specified
116 timeframe; requiring the law enforcement agency to
117 enter the order into the Florida Crime Information
118 Center and the National Crime Information Center
119 systems; requiring that the order be maintained in the
120 systems for a specified period and prohibiting a law
121 enforcement from removing an order from the systems
122 which has not ended or been vacated; providing that
123 entry of an order into the systems constitutes notice
124 to law enforcement agencies; requiring an issuing
125 court to forward specified information concerning a
126 respondent to the Department of Agriculture and
127 Consumer Services within a specified timeframe;
128 requiring the department to suspend a license to carry
129 a concealed weapon or firearm which is held by a
130 person subject to such an order; prohibiting a person
131 from making a false statement under oath; providing
132 criminal penalties; prohibiting violations of such an
133 order; providing criminal penalties; providing
134 construction; providing that the risk protection order
135 provisions do not create liability for certain acts or
136 omissions; requiring the Office of the State Courts
137 Administrator to develop and distribute certain
138 instructional and informational material; amending s.
139 836.10, F.S.; prohibiting a person from making,
140 posting, or transmitting a threat to conduct a mass
141 shooting or an act of terrorism in a writing or other
142 record in any manner that would allow another person
143 to view the threat; providing criminal penalties;
144 amending s. 921.0022, F.S.; conforming a provision to
145 changes made by the act; creating s. 943.082, F.S.;
146 requiring the Department of Law Enforcement, in
147 collaboration with the Department of Legal Affairs, to
148 competitively procure a mobile suspicious activity
149 tool with certain features; requiring the department
150 to receive certain electronic reports; requiring the
151 reporting tool to notify the reporting party of
152 certain information; requiring the forwarding of
153 certain information to appropriate law enforcement
154 agencies; requiring that certain entities be made
155 aware of the reporting tool; requiring the department,
156 in collaboration with certain entities, to develop and
157 provide certain training and awareness relating to the
158 reporting tool; creating s. 943.687, F.S.; creating
159 the Marjory Stoneman Douglas High School Public Safety
160 Commission within the Department of Law Enforcement;
161 requiring the commission to convene by a certain date;
162 specifying the composition of the commission;
163 requiring Department of Law Enforcement staff to
164 assist the commission; specifying meeting
165 requirements; authorizing reimbursement for per diem
166 and travel expenses; providing the duties and
167 authority of the commission; requiring the commission
168 to submit an initial report to the Governor and the
169 Legislature within a specified time; providing for the
170 expiration of the commission; creating s. 1001.212,
171 F.S.; creating the Office of Safe Schools within the
172 Department of Education; providing duties of the
173 office; amending s. 1002.32, F.S.; conforming a cross
174 reference; amending s. 1006.04, F.S.; revising the
175 purpose and duties of the educational multiagency
176 network for students with emotional and behavioral
177 disabilities; amending s. 1006.07, F.S.; revising
178 district school board duties relating to student
179 discipline and school safety; requiring students to
180 note referrals to mental health services upon initial
181 registration for school within a school district;
182 authorizing a district school board to refer a student
183 to certain mental health services under certain
184 circumstances; revising the code of student conduct
185 relating to the referral of certain students to
186 certain mental health services and law enforcement;
187 providing requirements for student crime watch
188 programs; revising the policies and procedures for
189 emergency drills to include drills for active shooter
190 and hostage situations; providing requirements for
191 such drills; revising requirements for the emergency
192 response policy; requiring model emergency management
193 and emergency preparedness procedures for active
194 shooter situations; requiring school districts to
195 establish a schedule to test emergency communication
196 systems; requiring district school superintendents to
197 establish certain policies and procedures relating to
198 the prevention of violence on school grounds and
199 designate a school safety specialist for the school
200 district; providing requirements and duties for school
201 safety specialists; providing school safety specialist
202 requirements relating to the required school security
203 risk assessments; requiring each district school board
204 to establish a threat assessment team at each school
205 within the district; providing requirements and duties
206 for threat assessment teams; authorizing a threat
207 assessment team to obtain certain criminal history
208 record information under certain circumstances;
209 prohibiting a member of a threat assessment team from
210 disclosing or using such information except for a
211 specified purpose; authorizing certain entities to
212 share specified confidential information and records
213 relating to students for specified purposes;
214 authorizing school personnel to address an immediate
215 mental health or substance abuse crisis; providing
216 requirements for addressing such situations; providing
217 threat assessment team reporting requirements;
218 amending s. 1006.08, F.S.; requiring a district school
219 superintendent to be notified by the court of a
220 student referred to mental health services; amending
221 s. 1006.12, F.S.; requiring district school boards to
222 establish or assign safe-school officers at each
223 district school facility within the district;
224 requiring school resource officers and school safety
225 officers to undergo specified evaluations; specifying
226 that participation in the school marshal program meets
227 the requirement, if such a program is available;
228 amending s. 1006.13, F.S.; revising the policy of zero
229 tolerance for crime and victimization; providing
230 district school board responsibilities; authorizing a
231 threat assessment team to use specified alternatives
232 to expulsion or referral to law enforcement to address
233 disruptive behavior; providing requirements for zero
234 tolerance policies; requiring a threat assessment team
235 to consult with law enforcement under certain
236 circumstances; creating s. 1006.1493, F.S.; requiring
237 the department to contract with a security consulting
238 firm to develop, update, and implement a risk
239 assessment tool; providing requirements for the
240 Florida Safe Schools Assessment Tool; requiring
241 reports, training, and advice in the security
242 consulting firm contract; requiring a specified annual
243 report to the Governor and Legislature by a specified
244 date; providing for construction regarding the
245 applicability of public records exemptions for certain
246 security data and information; amending s. 1011.62,
247 F.S.; authorizing a district school board to use
248 certain categorical appropriations to improve school
249 safety; revising the safe schools allocation; creating
250 the mental health assistance allocation; providing the
251 purpose of the allocation; requiring that funds be
252 allocated annually in the General Appropriations Act;
253 providing for the annual allocation of such funds on a
254 specified basis; providing that eligible charter
255 schools are entitled to a proportionate share;
256 prohibiting the use of allocated funds to supplant
257 funds provided from other operating funds, to increase
258 salaries, or to provide bonuses, except in certain
259 circumstances; requiring that school districts and
260 schools maximize certain third-party funding;
261 requiring that school districts and charter schools
262 annually develop and submit certain detailed plans;
263 requiring that approved charter school plans be
264 provided to the district for submission to the
265 commissioner; providing that required plans must
266 include certain elements; requiring school districts
267 to annually submit approved plans to the Commissioner
268 of Education by a specified date; requiring that
269 entities receiving such allocations annually submit a
270 final report on program outcomes and specific
271 expenditures to the commissioner by a specified date;
272 creating s. 1012.584, F.S.; requiring the department
273 to establish a youth mental health awareness and
274 assistance training program for specified purposes;
275 providing department and program requirements;
276 requiring certain school personnel to receive such
277 training; requiring the school safety specialist to
278 ensure certain personnel receive such training;
279 requiring school districts to inform such personnel of
280 the mental health services available in the district;
281 providing appropriations for specified purposes;
282 amending s. 1013.64, F.S.; specifying that the cost
283 per student station does not include certain
284 improvements related to enhanced safety and security;
285 reenacting ss. 397.6760(2) and 790.335(3)(e), F.S.;
286 relating to the confidentiality of court records and
287 exceptions to the prohibition of registration of
288 firearms, respectively, to incorporate the amendment
289 made to s. 790.065, F.S., in references thereto;
290 providing appropriations; reenacting ss. 794.056 and
291 938.085, F.S.; relating to the Rape Crises Program
292 Trust Fund and additional cost to fund rape crises
293 centers, respectively, to incorporate the amendment
294 made to s. 836.10, F.S.; providing appropriations;
295 providing effective dates.
296
297 Be It Enacted by the Legislature of the State of Florida:
298
299 Section 1. This act may be cited as the “Marjory Stoneman
300 Douglas High School Public Safety Act.”
301 Section 2. The Legislature finds there is a need to
302 comprehensively address the crisis of gun violence, including
303 but not limited to, gun violence on school campuses. The
304 Legislature intends to address this crisis by providing law
305 enforcement and the courts with the tools to enhance public
306 safety by temporarily restricting firearm possession by a person
307 who is undergoing a mental health crisis and when there is
308 evidence of a threat of violence, and by promoting school safety
309 and enhanced coordination between education and law enforcement
310 entities at the state and local level.
311 Section 3. Paragraph (d) is added to subsection (5) of
312 section 16.555, Florida Statutes, to read:
313 16.555 Crime Stoppers Trust Fund; rulemaking.—
314 (5)
315 (d) Grants may be awarded to fund student crime watch
316 programs pursuant to s. 1006.07(3).
317 Section 4. Paragraph (j) is added to subsection (3) of
318 section 20.15, Florida Statutes, to read:
319 20.15 Department of Education.—There is created a
320 Department of Education.
321 (3) DIVISIONS.—The following divisions of the Department of
322 Education are established:
323 (j) The Office of Safe Schools.
324 Section 5. Paragraph (k) is added to subsection (1) of
325 section 30.15, Florida Statutes, to read:
326 30.15 Powers, duties, and obligations.—
327 (1) Sheriffs, in their respective counties, in person or by
328 deputy, shall:
329 (k) Establish, if the sheriff so chooses, a school marshal
330 program to aid in the prevention or abatement of active
331 assailant incidents on school premises. A school marshal has no
332 authority to act in any law enforcement capacity except to the
333 extent necessary to prevent or abate an active assailant
334 incident on a school premises. The sheriff who chooses to
335 establish the program shall appoint as school marshals, without
336 the power of arrest, school employees who volunteer and who:
337 1. Hold a valid license issued under s. 790.06.
338 2. Complete 132 total hours of comprehensive firearm safety
339 and proficiency training conducted by Criminal Justice Standards
340 and Training Commission-certified instructors, which must
341 include:
342 a. Eighty hours of firearms instruction based on the
343 Criminal Justice Standards and Training Commission’s Law
344 Enforcement Academy training model, which must include at least
345 10 percent but no more than 20 percent more rounds fired than
346 associated with academy training. Program participants must
347 achieve an 85 percent pass rate on the firearms training.
348 b. Sixteen hours of instruction in precision pistol.
349 c. Eight hours of discretionary shooting instruction using
350 state-of-the-art simulator exercises.
351 d. Eight hours of instruction in active shooter or
352 assailant scenarios.
353 e. Eight hours of instruction in defensive tactics.
354 f. Twelve hours of instruction in legal issues.
355 3. Pass a psychological evaluation administered by a
356 psychologist licensed under chapter 490 and designated by the
357 Department of Law Enforcement and submit the results of the
358 evaluation to the sheriff’s office. The Department of Law
359 Enforcement is authorized to provide the sheriff’s office with
360 mental health and substance abuse data for compliance with this
361 paragraph.
362 4. Submit to and pass an initial drug test and subsequent
363 random drug tests in accordance with the requirements of s.
364 112.0455 and the sheriff’s office.
365 5. Successfully complete ongoing training, weapon
366 inspection, and firearm qualification on at least an annual
367 basis.
368 6. Successfully complete at least 12 hours of a certified
369 nationally recognized diversity training program.
370
371 The sheriff shall issue a school marshal certificate to
372 individuals who meet the requirements of subparagraph 2. The
373 sheriff shall maintain documentation of weapon and equipment
374 inspections, as well as the training, certification, inspection,
375 and qualification records of each school marshal appointed by
376 the sheriff.
377 Section 6. Paragraph (c) of subsection (9) of section
378 121.091, Florida Statutes, is amended, and paragraph (f) is
379 added to that subsection to read:
380 121.091 Benefits payable under the system.—Benefits may not
381 be paid under this section unless the member has terminated
382 employment as provided in s. 121.021(39)(a) or begun
383 participation in the Deferred Retirement Option Program as
384 provided in subsection (13), and a proper application has been
385 filed in the manner prescribed by the department. The department
386 may cancel an application for retirement benefits when the
387 member or beneficiary fails to timely provide the information
388 and documents required by this chapter and the department’s
389 rules. The department shall adopt rules establishing procedures
390 for application for retirement benefits and for the cancellation
391 of such application when the required information or documents
392 are not received.
393 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
394 (c) Any person whose retirement is effective on or after
395 July 1, 2010, or whose participation in the Deferred Retirement
396 Option Program terminates on or after July 1, 2010, who is
397 retired under this chapter, except under the disability
398 retirement provisions of subsection (4) or as provided in s.
399 121.053, may be reemployed by an employer that participates in a
400 state-administered retirement system and receive retirement
401 benefits and compensation from that employer. However, a person
402 may not be reemployed by an employer participating in the
403 Florida Retirement System before meeting the definition of
404 termination in s. 121.021 and may not receive both a salary from
405 the employer and retirement benefits for 6 calendar months after
406 meeting the definition of termination, except as provided in
407 paragraph (f). However, a DROP participant shall continue
408 employment and receive a salary during the period of
409 participation in the Deferred Retirement Option Program, as
410 provided in subsection (13).
411 1. The reemployed retiree may not renew membership in the
412 Florida Retirement System, except as provided in s. 121.122.
413 2. The employer shall pay retirement contributions in an
414 amount equal to the unfunded actuarial liability portion of the
415 employer contribution that would be required for active members
416 of the Florida Retirement System in addition to the
417 contributions required by s. 121.76.
418 3. A retiree initially reemployed in violation of this
419 paragraph and an employer that employs or appoints such person
420 are jointly and severally liable for reimbursement of any
421 retirement benefits paid to the retirement trust fund from which
422 the benefits were paid, including the Florida Retirement System
423 Trust Fund and the Public Employee Optional Retirement Program
424 Trust Fund, as appropriate. The employer must have a written
425 statement from the employee that he or she is not retired from a
426 state-administered retirement system. Retirement benefits shall
427 remain suspended until repayment is made. Benefits suspended
428 beyond the end of the retiree’s 6-month reemployment limitation
429 period shall apply toward the repayment of benefits received in
430 violation of this paragraph.
431 (f) A retired law enforcement officer may be reemployed as
432 a school resource officer by an employer that participates in
433 the Florida Retirement System and receive compensation from that
434 employer and retirement benefits after meeting the definition of
435 termination in s. 121.021, but may not receive both a salary
436 from the employer and retirement benefits for 6 calendar months
437 immediately subsequent to the date of retirement. The reemployed
438 retired law enforcement officer may not renew membership in the
439 Florida Retirement System, except as provided in s. 121.122.
440 Section 7. Paragraphs (c) and (d) of subsection (2) of
441 section 394.463, Florida Statutes, are amended to read:
442 394.463 Involuntary examination.—
443 (2) INVOLUNTARY EXAMINATION.—
444 (c) A law enforcement officer acting in accordance with an
445 ex parte order issued pursuant to this subsection may:
446 1. Serve and execute such order on any day of the week, at
447 any time of the day or night; and
448 2. Use such reasonable physical force as is necessary to
449 gain entry to the premises, and any dwellings, buildings, or
450 other structures located on the premises, and take custody of
451 the person who is the subject of the ex parte order. When
452 practicable, a law enforcement officer who has received crisis
453 intervention team (CIT) training shall be assigned to serve and
454 execute the ex parte order.
455 (d)1. A law enforcement officer taking custody of a person
456 under this subsection may seize and hold a firearm or any
457 ammunition the person possesses at the time of taking him or her
458 into custody if the person poses a potential danger to himself
459 or herself or others and has made a credible threat of violence
460 against another person.
461 2. If the law enforcement officer takes custody of the
462 person at the person’s residence and the criteria in
463 subparagraph 1. have been met, the law enforcement officer may
464 seek the voluntary surrender of firearms or ammunition kept in
465 the residence which have not already been seized under
466 subparagraph 1. If such firearms or ammunition are not
467 voluntarily surrendered, or if the person has other firearms or
468 ammunition that were not seized or voluntarily surrendered when
469 he or she was taken into custody, a law enforcement officer may
470 petition the appropriate court under s. 790.401 for a risk
471 protection order against the person.
472 3. Firearms or ammunition seized or voluntarily surrendered
473 under this paragraph must be made available for return no later
474 than 24 hours after the person taken into custody can document
475 that he or she is no longer subject to involuntary examination
476 and has been released or discharged from any inpatient or
477 involuntary outpatient treatment provided or ordered under
478 paragraph (g), unless a risk protection order entered under s.
479 790.401 directs the law enforcement agency to hold the firearms
480 or ammunition for a longer period or the person is subject to a
481 firearm purchase disability under s. 790.065(2), or a firearm
482 possession and firearm ownership disability under s. 790.064.
483 The process for the actual return of firearms or ammunition
484 seized or voluntarily surrendered under this paragraph may not
485 take longer than 7 days.
486 4. Law enforcement agencies must develop policies and
487 procedures relating to the seizure, storage, and return of
488 firearms or ammunition held under this paragraph. A law
489 enforcement officer acting in accordance with an ex parte order
490 issued pursuant to this subsection may use such reasonable
491 physical force as is necessary to gain entry to the premises,
492 and any dwellings, buildings, or other structures located on the
493 premises, and to take custody of the person who is the subject
494 of the ex parte order.
495 Section 8. Section 394.495, Florida Statutes, is amended to
496 read:
497 394.495 Child and adolescent mental health system of care;
498 programs and services.—
499 (1) The department shall establish, within available
500 resources, an array of services to meet the individualized
501 service and treatment needs of children and adolescents who are
502 members of the target populations specified in s. 394.493, and
503 of their families. It is the intent of the Legislature that a
504 child or adolescent may not be admitted to a state mental health
505 facility and such a facility may not be included within the
506 array of services.
507 (2) The array of services must include assessment services
508 that provide a professional interpretation of the nature of the
509 problems of the child or adolescent and his or her family;
510 family issues that may impact the problems; additional factors
511 that contribute to the problems; and the assets, strengths, and
512 resources of the child or adolescent and his or her family. The
513 assessment services to be provided shall be determined by the
514 clinical needs of each child or adolescent. Assessment services
515 include, but are not limited to, evaluation and screening in the
516 following areas:
517 (a) Physical and mental health for purposes of identifying
518 medical and psychiatric problems.
519 (b) Psychological functioning, as determined through a
520 battery of psychological tests.
521 (c) Intelligence and academic achievement.
522 (d) Social and behavioral functioning.
523 (e) Family functioning.
524
525 The assessment for academic achievement is the financial
526 responsibility of the school district. The department shall
527 cooperate with other state agencies and the school district to
528 avoid duplicating assessment services.
529 (3) Assessments must be performed by:
530 (a) A professional as defined in s. 394.455(5), (7), (32),
531 (35), or (36);
532 (b) A professional licensed under chapter 491; or
533 (c) A person who is under the direct supervision of a
534 qualified professional as defined in s. 394.455(5), (7), (32),
535 (35), or (36) or a professional licensed under chapter 491.
536 (4) The array of services may include, but is not limited
537 to:
538 (a) Prevention services.
539 (b) Home-based services.
540 (c) School-based services.
541 (d) Family therapy.
542 (e) Family support.
543 (f) Respite services.
544 (g) Outpatient treatment.
545 (h) Day treatment.
546 (i) Crisis stabilization.
547 (j) Therapeutic foster care.
548 (k) Residential treatment.
549 (l) Inpatient hospitalization.
550 (m) Case management.
551 (n) Services for victims of sex offenses.
552 (o) Transitional services.
553 (p) Trauma-informed services for children who have suffered
554 sexual exploitation as defined in s. 39.01(71)(g).
555 (5) In order to enhance collaboration between agencies and
556 to facilitate the provision of services by the child and
557 adolescent mental health treatment and support system and the
558 school district, the local child and adolescent mental health
559 system of care shall include the local educational multiagency
560 network for severely emotionally disturbed students specified in
561 s. 1006.04.
562 (6) The department shall contract for community action
563 treatment teams throughout the state with the managing entities.
564 A community action treatment team shall:
565 (a) Provide community-based behavioral health and support
566 services to children from 11 to 13 years of age, adolescents,
567 and young adults from 18 to 21 years of age with serious
568 behavioral health conditions who are at risk of out-of-home
569 placement as demonstrated by:
570 1. Repeated failures at less intensive levels of care;
571 2. Two or more behavioral health hospitalizations;
572 3. Involvement with the Department of Juvenile Justice;
573 4. A history of multiple episodes involving law
574 enforcement; or
575 5. A record of poor academic performance or suspensions.
576
577 Children younger than 11 years of age who otherwise meet the
578 criteria in this paragraph may be candidates for such services
579 if they demonstrate two or more of the characteristics listed in
580 subparagraph 1.-5.
581 (b) Use an integrated service delivery approach to
582 comprehensively address the needs of the child, adolescent, or
583 young adult and strengthen his or her family and support systems
584 to assist the child, adolescent, or young adult to live
585 successfully in the community. A community action treatment team
586 shall address the therapeutic needs of the child, adolescent, or
587 young adult receiving services and assist parents and caregivers
588 in obtaining services and support. The community action
589 treatment team shall make referrals to specialized treatment
590 providers if necessary, with follow up by the community action
591 treatment team to ensure services are received.
592 (c) Focus on engaging the child, adolescent, or young adult
593 and his or her family as active participants in every phase of
594 the treatment process. Community action treatment teams shall be
595 available to the child, adolescent, or young adult and his or
596 her family at all times.
597 (d) Coordinate with other key entities providing services
598 and supports to the child, adolescent, or young adult and his or
599 her family, including, but not limited to, the child’s,
600 adolescent’s, or young adult’s school, the local educational
601 multiagency network for severely emotionally disturbed students
602 under s. 1006.04, the child welfare system, and the juvenile
603 justice system. Community action treatment teams shall also
604 coordinate with the managing entity in their service location.
605 (e)1. Subject to appropriations and at a minimum,
606 individually serve each of the following counties or regions:
607 a. Alachua.
608 b. Alachua, Columbia, Dixie, Hamilton, Lafayette, and
609 Suwannee.
610 c. Bay.
611 d. Brevard.
612 e. Collier.
613 f. DeSoto and Sarasota.
614 g. Duval.
615 h. Escambia.
616 i. Hardee, Highlands, and Polk.
617 j. Hillsborough.
618 k. Indian River, Martin, Okeechobee, and St. Lucie.
619 l. Lake and Sumter.
620 m. Lee.
621 n. Manatee.
622 o. Marion.
623 p. Miami-Dade.
624 q. Okaloosa.
625 r. Orange.
626 s. Palm Beach.
627 t. Pasco.
628 u. Pinellas.
629 v. Walton.
630 2. Subject to appropriations, the department shall contract
631 for additional teams through the managing entities to ensure the
632 availability of community action treatment team services in the
633 remaining areas of the state.
634 Section 9. Section 790.064, Florida Statutes, is created to
635 read:
636 790.064 Firearm possession and firearm ownership
637 disability.—
638 (1) A person who has been adjudicated mentally defective or
639 who has been committed to a mental institution, as those terms
640 are defined in s. 790.065(2), may not own a firearm or possess a
641 firearm until relief from the firearm possession and firearm
642 ownership disability is obtained.
643 (2) The firearm possession and firearm ownership disability
644 runs concurrently with the firearm purchase disability provided
645 in s. 790.065(2).
646 (3) A person may petition the court that made the
647 adjudication or commitment, or that ordered that the record be
648 submitted to the Department of Law Enforcement pursuant to s.
649 790.065(2), for relief from the firearm possession and firearm
650 ownership disability.
651 (4) The person seeking relief must follow the procedures
652 set forth in s. 790.065(2) for obtaining relief from the firearm
653 purchase disability in seeking relief from the firearm
654 possession and firearm ownership disability.
655 (5) The person may seek relief from the firearm possession
656 and firearm ownership disability simultaneously with the relief
657 being sought from the firearm purchase disability, if such
658 relief is sought, pursuant to the procedure set forth in s.
659 790.065(2).
660 Section 10. Present subsection (13) of section 790.065,
661 Florida Statutes, is redesignated as subsection (14), and a new
662 subsection (13) is added to that section, to read:
663 790.065 Sale and delivery of firearms.—
664 (13) A person younger than 21 years of age may not purchase
665 a firearm. The sale or transfer of a firearm to a person younger
666 than 21 years of age may not be made or facilitated by a
667 licensed importer, licensed manufacturer, or licensed dealer. A
668 person who violates this subsection commits a felony of the
669 third degree, punishable as provided in s. 775.082, s. 775.083,
670 or s. 775.084. The prohibitions of this subsection do not apply
671 to the purchase of a rifle or shotgun by a law enforcement
672 officer or correctional officer, as those terms are defined in
673 s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
674 servicemember as defined in s. 250.01.
675 Section 11. Section 790.0655, Florida Statutes, is amended
676 to read:
677 790.0655 Purchase and delivery of firearms handguns;
678 mandatory waiting period; exceptions; penalties.—
679 (1)(a) There shall be A mandatory 3-day waiting period is
680 imposed between the purchase and delivery of a firearm. The
681 mandatory waiting period is, which shall be 3 days, excluding
682 weekends and legal holidays, or expires upon the completion of
683 the records checks required under s. 790.065, whichever occurs
684 later between the purchase and the delivery at retail of any
685 handgun. “Purchase” means the transfer of money or other
686 valuable consideration to the retailer. “Handgun” means a
687 firearm capable of being carried and used by one hand, such as a
688 pistol or revolver. “Retailer” means and includes a licensed
689 importer, licensed manufacturer, or licensed dealer every person
690 engaged in the business of making firearm sales at retail or for
691 distribution, or use, or consumption, or storage to be used or
692 consumed in this state, as defined in s. 212.02(13).
693 (b) Records of firearm handgun sales must be available for
694 inspection by any law enforcement agency, as defined in s.
695 934.02, during normal business hours.
696 (2) The 3-day waiting period does shall not apply in the
697 following circumstances:
698 (a) When a firearm handgun is being purchased by a holder
699 of a concealed weapons permit as defined in s. 790.06.
700 (b) To a trade-in of another firearm handgun.
701 (c) To the purchase of a rifle or shotgun, upon a person’s
702 successfully completing a minimum of a 16-hour hunter safety
703 course and possessing a hunter safety certification card issued
704 under s. 379.3581. A person who is exempt from the hunter safety
705 course requirements under s. 379.3581 and holds a valid Florida
706 hunting license, is exempt from the mandatory waiting period
707 under this section for the purchase of a rifle or shotgun.
708 (d) When a rifle or shotgun is being purchased by a law
709 enforcement officer or correctional officer, as those terms are
710 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
711 servicemember as defined in s. 250.01.
712 (3) It is a felony of the third degree, punishable as
713 provided in s. 775.082, s. 775.083, or s. 775.084:
714 (a) For any retailer, or any employee or agent of a
715 retailer, to deliver a firearm handgun before the expiration of
716 the 3-day waiting period, subject to the exceptions provided in
717 subsection (2).
718 (b) For a purchaser to obtain delivery of a firearm handgun
719 by fraud, false pretense, or false representation.
720 Section 12. Effective October 1, 2018, section 790.222,
721 Florida Statutes, is created to read:
722 790.222 Bump-fire stocks prohibited.—A person may not
723 import into this state or transfer, distribute, sell, keep for
724 sale, offer for sale, possess, or give to another person a bump
725 fire stock. A person who violates this section commits a felony
726 of the third degree, punishable as provided in s. 775.082, s.
727 775.083, or s. 775.084. As used in this section, the term “bump
728 fire stock” means a conversion kit, a tool, an accessory, or a
729 device used to alter the rate of fire of a firearm to mimic
730 automatic weapon fire or which is used to increase the rate of
731 fire to a faster rate than is possible for a person to fire such
732 semiautomatic firearm unassisted by a kit, a tool, an accessory,
733 or a device.
734 Section 13. (1) Section 790.401, Florida Statutes, is
735 intended to temporarily prevent individuals who are at high risk
736 of harming themselves or others from accessing firearms or
737 ammunition by allowing law enforcement officers to obtain a
738 court order when there is demonstrated evidence that a person
739 poses a significant danger to himself or herself or others,
740 including significant danger as a result of a mental health
741 crisis or violent behavior.
742 (2) The purpose and intent of s. 790.401, Florida Statutes,
743 is to reduce deaths and injuries as a result of certain
744 individuals’ use of firearms while respecting constitutional
745 rights by providing a judicial procedure for law enforcement
746 officers to obtain a court order temporarily restricting a
747 person’s access to firearms and ammunition. The process
748 established by s. 790.401, Florida Statutes, is intended to
749 apply only to situations in which the person poses a significant
750 danger of harming himself or herself or others by possessing a
751 firearm or ammunition and to include standards and safeguards to
752 protect the rights of respondents and due process of law.
753 Section 14. Section 790.401, Florida Statutes, may be cited
754 as “The Risk Protection Order Act.”
755 Section 15. Section 790.401, Florida Statutes, is created
756 to read:
757 790.401 Risk protection orders.—
758 (1) DEFINITIONS.—As used in this section, the term:
759 (a) “Petitioner” means a law enforcement officer or a law
760 enforcement agency that petitions a court for a risk protection
761 order under this section.
762 (b) “Respondent” means the individual who is identified as
763 the respondent in a petition filed under this section.
764 (c) “Risk protection order” means a temporary ex parte
765 order or a final order granted under this section.
766 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
767 an action known as a petition for a risk protection order.
768 (a) A petition for a risk protection order may be filed by
769 a law enforcement officer or law enforcement agency.
770 (b) An action under this section must be filed in the
771 county where the petitioner’s law enforcement office is located
772 or the county where the respondent resides.
773 (c) Such petition for a risk protection order does not
774 require either party to be represented by an attorney.
775 (d) Notwithstanding any other law, attorney fees may not be
776 awarded in any proceeding under this section.
777 (e) A petition must:
778 1. Allege that the respondent poses a significant danger of
779 causing personal injury to himself or herself or others by
780 having a firearm or any ammunition in his or her custody or
781 control or by purchasing, possessing, or receiving a firearm or
782 any ammunition, and must be accompanied by an affidavit made
783 under oath stating the specific statements, actions, or facts
784 that give rise to a reasonable fear of significant dangerous
785 acts by the respondent;
786 2. Identify the quantities, types, and locations of all
787 firearms and ammunition the petitioner believes to be in the
788 respondent’s current ownership, possession, custody, or control;
789 and
790 3. Identify whether there is a known existing protection
791 order governing the respondent under s. 741.30, s. 784.046, or
792 s. 784.0485 or under any other applicable statute.
793 (f) The petitioner must make a good faith effort to provide
794 notice to a family or household member of the respondent and to
795 any known third party who may be at risk of violence. The notice
796 must state that the petitioner intends to petition the court for
797 a risk protection order or has already done so and must include
798 referrals to appropriate resources, including mental health,
799 domestic violence, and counseling resources. The petitioner must
800 attest in the petition to having provided such notice or must
801 attest to the steps that will be taken to provide such notice.
802 (g) The petitioner must list the address of record on the
803 petition as being where the appropriate law enforcement agency
804 is located.
805 (h) A court or a public agency may not charge fees for
806 filing or for service of process to a petitioner seeking relief
807 under this section and must provide the necessary number of
808 certified copies, forms, and instructional brochures free of
809 charge.
810 (i) A person is not required to post a bond to obtain
811 relief in any proceeding under this section.
812 (j) The circuit courts of this state have jurisdiction over
813 proceedings under this section.
814 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
815 (a) Upon receipt of a petition, the court must order a
816 hearing to be held no later than 14 days after the date of the
817 order and must issue a notice of hearing to the respondent for
818 the same.
819 1. The clerk of the court shall cause a copy of the notice
820 of hearing and petition to be forwarded on or before the next
821 business day to the appropriate law enforcement agency for
822 service upon the respondent as provided in subsection (5).
823 2. The court may, as provided in subsection (4), issue a
824 temporary ex parte risk protection order pending the hearing
825 ordered under this subsection. Such temporary ex parte order
826 must be served concurrently with the notice of hearing and
827 petition as provided in subsection (5).
828 3. The court may conduct a hearing by telephone pursuant to
829 a local court rule to reasonably accommodate a disability or
830 exceptional circumstances. The court must receive assurances of
831 the petitioner’s identity before conducting a telephonic
832 hearing.
833 (b) Upon notice and a hearing on the matter, if the court
834 finds by clear and convincing evidence that the respondent poses
835 a significant danger of causing personal injury to himself or
836 herself or others by having in his or her custody or control, or
837 by purchasing, possessing, or receiving, a firearm or any
838 ammunition, the court must issue a risk protection order for a
839 period that it deems appropriate, up to and including but not
840 exceeding 12 months.
841 (c) In determining whether grounds for a risk protection
842 order exist, the court may consider any relevant evidence,
843 including, but not limited to, any of the following:
844 1. A recent act or threat of violence by the respondent
845 against himself or herself or others, whether or not such
846 violence or threat of violence involves a firearm.
847 2. An act or threat of violence by the respondent within
848 the past 12 months, including, but not limited to, acts or
849 threats of violence by the respondent against himself or herself
850 or others.
851 3. Evidence of the respondent being seriously mentally ill
852 or having recurring mental health issues.
853 4. A violation by the respondent of a risk protection order
854 or a no contact order issued under s. 741.30, s. 784.046, or s.
855 784.0485.
856 5. A previous or existing risk protection order issued
857 against the respondent.
858 6. A violation of a previous or existing risk protection
859 order issued against the respondent.
860 7. Whether the respondent, in this state or any other
861 state, has been convicted of, had adjudication withheld on, or
862 pled nolo contendere to a crime that constitutes domestic
863 violence as defined in s. 741.28.
864 8. The respondent’s ownership of, access to, or intent to
865 possess firearms or ammunition.
866 9. The unlawful or reckless use, display, or brandishing of
867 a firearm by the respondent.
868 10. The recurring use of, or threat to use, physical force
869 by the respondent against another person or the respondent
870 stalking another person.
871 11. Whether the respondent, in this state or any other
872 state, has been arrested for, convicted of, had adjudication
873 withheld on, or pled nolo contendere to a crime involving
874 violence or a threat of violence.
875 12. Corroborated evidence of the abuse of controlled
876 substances or alcohol by the respondent.
877 13. Evidence of recent acquisition of firearms or
878 ammunition by the respondent.
879 14. Any relevant information from family and household
880 members concerning the respondent.
881 15. Witness testimony, taken while the witness is under
882 oath, relating to the matter before the court.
883 (d) A person, including an officer of the court, who offers
884 evidence or recommendations relating to the cause of action
885 either must present the evidence or recommendations in writing
886 to the court with copies to each party and his or her attorney,
887 if one is retained, or must present the evidence under oath at a
888 hearing at which all parties are present.
889 (e) In a hearing under this section, the rules of evidence
890 apply to the same extent as in a domestic violence injunction
891 proceeding under s. 741.30.
892 (f) During the hearing, the court must consider whether a
893 mental health evaluation or chemical dependency evaluation is
894 appropriate and, if such determination is made, may order such
895 evaluations, if appropriate.
896 (g) A risk protection order must include all of the
897 following:
898 1. A statement of the grounds supporting the issuance of
899 the order;
900 2. The date the order was issued;
901 3. The date the order ends;
902 4. Whether a mental health evaluation or chemical
903 dependency evaluation of the respondent is required;
904 5. The address of the court in which any responsive
905 pleading should be filed;
906 6. A description of the requirements for the surrender of
907 all firearms and ammunition that the respondent owns, under
908 subsection (7); and
909 7. The following statement:
910
911 “To the subject of this protection order: This order will last
912 until the date noted above. If you have not done so already, you
913 must surrender immediately to the (insert name of local law
914 enforcement agency) all firearms and ammunition that you own in
915 your custody, control, or possession and any license to carry a
916 concealed weapon or firearm issued to you under s. 790.06,
917 Florida Statutes. You may not have in your custody or control,
918 or purchase, possess, receive, or attempt to purchase or
919 receive, a firearm or ammunition while this order is in effect.
920 You have the right to request one hearing to vacate this order,
921 starting after the date of the issuance of this order, and to
922 request another hearing after every extension of the order, if
923 any. You may seek the advice of an attorney as to any matter
924 connected with this order.”
925
926 (h) If the court issues a risk protection order, the court
927 must inform the respondent that he or she is entitled to request
928 a hearing to vacate the order in the manner provided by
929 subsection (6). The court shall provide the respondent with a
930 form to request a hearing to vacate.
931 (i) If the court denies the petitioner’s request for a risk
932 protection order, the court must state the particular reasons
933 for the denial.
934 (4) TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
935 (a) A petitioner may request that a temporary ex parte risk
936 protection order be issued before a hearing for a risk
937 protection order, without notice to the respondent, by including
938 in the petition detailed allegations based on personal knowledge
939 that the respondent poses a significant danger of causing
940 personal injury to himself or herself or others in the near
941 future by having in his or her custody or control, or by
942 purchasing, possessing, or receiving, a firearm or ammunition.
943 (b) In considering whether to issue a temporary ex parte
944 risk protection order under this section, the court shall
945 consider all relevant evidence, including the evidence described
946 in paragraph (3)(c).
947 (c) If a court finds there is reasonable cause to believe
948 that the respondent poses a significant danger of causing
949 personal injury to himself or herself or others in the near
950 future by having in his or her custody or control, or by
951 purchasing, possessing, or receiving, a firearm or ammunition,
952 the court must issue a temporary ex parte risk protection order.
953 (d) The court must hold a temporary ex parte risk
954 protection order hearing in person or by telephone on the day
955 the petition is filed or on the business day immediately
956 following the day the petition is filed.
957 (e) A temporary ex parte risk protection order must include
958 all of the following:
959 1. A statement of the grounds asserted for the order;
960 2. The date the order was issued;
961 3. The address of the court in which any responsive
962 pleading may be filed;
963 4. The date and time of the scheduled hearing;
964 5. A description of the requirements for the surrender of
965 all firearms and ammunition that the respondent owns, under
966 subsection (7); and
967 6. The following statement:
968
969 “To the subject of this protection order: This order is valid
970 until the date noted above. You are required to surrender all
971 firearms and ammunition that you own in your custody, control,
972 or possession. You may not have in your custody or control, or
973 purchase, possess, receive, or attempt to purchase or receive, a
974 firearm or ammunition while this order is in effect. You must
975 surrender immediately to the (insert name of local law
976 enforcement agency) all firearms and ammunition in your custody,
977 control, or possession and any license to carry a concealed
978 weapon or firearm issued to you under s. 790.06, Florida
979 Statutes. A hearing will be held on the date and at the time
980 noted above to determine if a risk protection order should be
981 issued. Failure to appear at that hearing may result in a court
982 issuing an order against you which is valid for 1 year. You may
983 seek the advice of an attorney as to any matter connected with
984 this order.”
985
986 (f) A temporary ex parte risk protection order ends upon
987 the hearing on the risk protection order.
988 (g) A temporary ex parte risk protection order must be
989 served by a law enforcement officer in the same manner as
990 provided for in subsection (5) for service of the notice of
991 hearing and petition and must be served concurrently with the
992 notice of hearing and petition.
993 (h) If the court denies the petitioner’s request for a
994 temporary ex parte risk protection order, the court must state
995 the particular reasons for the denial.
996 (5) SERVICE.—
997 (a) The clerk of the court shall furnish a copy of the
998 notice of hearing, petition, and temporary ex parte risk
999 protection order or risk protection order, as applicable, to the
1000 sheriff of the county where the respondent resides or can be
1001 found, who shall serve it upon the respondent as soon thereafter
1002 as possible on any day of the week and at any time of the day or
1003 night. When requested by the sheriff, the clerk of the court may
1004 transmit a facsimile copy of a temporary ex parte risk
1005 protection order or a risk protection order that has been
1006 certified by the clerk of the court, and this facsimile copy may
1007 be served in the same manner as a certified copy. Upon receiving
1008 a facsimile copy, the sheriff must verify receipt with the
1009 sender before attempting to serve it upon the respondent. The
1010 clerk of the court shall be responsible for furnishing to the
1011 sheriff information on the respondent’s physical description and
1012 location. Notwithstanding any other provision of law to the
1013 contrary, the chief judge of each circuit, in consultation with
1014 the appropriate sheriff, may authorize a law enforcement agency
1015 within the jurisdiction to effect service. A law enforcement
1016 agency effecting service pursuant to this section shall use
1017 service and verification procedures consistent with those of the
1018 sheriff. Service under this section takes precedence over the
1019 service of other documents, unless the other documents are of a
1020 similar emergency nature.
1021 (b) All orders issued, changed, continued, extended, or
1022 vacated after the original service of documents specified in
1023 paragraph (a) must be certified by the clerk of the court and
1024 delivered to the parties at the time of the entry of the order.
1025 The parties may acknowledge receipt of such order in writing on
1026 the face of the original order. If a party fails or refuses to
1027 acknowledge the receipt of a certified copy of an order, the
1028 clerk shall note on the original order that service was
1029 effected. If delivery at the hearing is not possible, the clerk
1030 shall mail certified copies of the order to the parties at the
1031 last known address of each party. Service by mail is complete
1032 upon mailing. When an order is served pursuant to this
1033 subsection, the clerk shall prepare a written certification to
1034 be placed in the court file specifying the time, date, and
1035 method of service and shall notify the sheriff.
1036 (6) TERMINATION AND EXTENSION OF ORDERS.—
1037 (a) The respondent may submit one written request for a
1038 hearing to vacate a risk protection order issued under this
1039 section, starting after the date of the issuance of the order,
1040 and may request another hearing after every extension of the
1041 order, if any.
1042 1. Upon receipt of the request for a hearing to vacate a
1043 risk protection order, the court shall set a date for a hearing.
1044 Notice of the request must be served on the petitioner in
1045 accordance with subsection (5). The hearing must occur no sooner
1046 than 14 days and no later than 30 days after the date of service
1047 of the request upon the petitioner.
1048 2. The respondent shall have the burden of proving by clear
1049 and convincing evidence that the respondent does not pose a
1050 significant danger of causing personal injury to himself or
1051 herself or others by having in his or her custody or control,
1052 purchasing, possessing, or receiving a firearm or ammunition.
1053 The court may consider any relevant evidence, including evidence
1054 of the considerations listed in paragraph (3)(c).
1055 3. If the court finds after the hearing that the respondent
1056 has met his or her burden of proof, the court must vacate the
1057 order.
1058 4. The law enforcement agency holding any firearm or
1059 ammunition or license to carry a concealed weapon or firearm
1060 that has been surrendered pursuant to this section shall be
1061 notified of the court order to vacate the risk protection order.
1062 (b) The court must notify the petitioner of the impending
1063 end of a risk protection order. Notice must be received by the
1064 petitioner at least 30 days before the date the order ends.
1065 (c) The petitioner may, by motion, request an extension of
1066 a risk protection order at any time within 30 days before the
1067 end of the order.
1068 1. Upon receipt of the motion to extend, the court shall
1069 order that a hearing be held no later than 14 days after the
1070 date the order is issued and shall schedule such hearing.
1071 a. The court may schedule a hearing by telephone in the
1072 manner provided by subparagraph (3)(a)3.
1073 b. The respondent must be personally serviced in the same
1074 manner provided by subsection (5).
1075 2. In determining whether to extend a risk protection order
1076 issued under this section, the court may consider all relevant
1077 evidence, including evidence of the considerations listed in
1078 paragraph (3)(c).
1079 3. If the court finds by clear and convincing evidence that
1080 the requirements for issuance of a risk protection order as
1081 provided in subsection (3) continue to be met, the court must
1082 extend the order. However, if, after notice, the motion for
1083 extension is uncontested and no modification of the order is
1084 sought, the order may be extended on the basis of a motion or
1085 affidavit stating that there has been no material change in
1086 relevant circumstances since entry of the order and stating the
1087 reason for the requested extension.
1088 4. The court may extend a risk protection order for a
1089 period that it deems appropriate, up to and including but not
1090 exceeding 12 months, subject to an order to vacate as provided
1091 in paragraph (a) or to another extension order by the court.
1092 (7) SURRENDER OF FIREARMS AND AMMUNITION.—
1093 (a) Upon issuance of a risk protection order under this
1094 section, including a temporary ex parte risk protection order,
1095 the court shall order the respondent to surrender to the local
1096 law enforcement agency all firearms and ammunition owned by the
1097 respondent in the respondent’s custody, control, or possession
1098 except as provided in subsection (9), and any license to carry a
1099 concealed weapon or firearm issued under s. 790.06, held by the
1100 respondent.
1101 (b) The law enforcement officer serving a risk protection
1102 order under this section, including a temporary ex parte risk
1103 protection order, shall request that the respondent immediately
1104 surrender all firearms and ammunition owned by the respondent in
1105 his or her custody, control, or possession and any license to
1106 carry a concealed weapon or firearm issued under s. 790.06, held
1107 by the respondent. The law enforcement officer shall take
1108 possession of all firearms and ammunition owned by the
1109 respondent and any license to carry a concealed weapon or
1110 firearm issued under s. 790.06, held by the respondent, which
1111 are surrendered. Alternatively, if personal service by a law
1112 enforcement officer is not possible or is not required because
1113 the respondent was present at the risk protection order hearing,
1114 the respondent must surrender any firearms and ammunition owned
1115 by the respondent and any license to carry a concealed weapon or
1116 firearm issued under s. 790.06, held by the respondent, in a
1117 safe manner to the control of the local law enforcement agency
1118 immediately after being served with the order by service or
1119 immediately after the hearing at which the respondent was
1120 present. Notwithstanding ss. 933.02 and 933.18, a law
1121 enforcement officer may seek a search warrant from a court of
1122 competent jurisdiction to conduct a search for firearms or
1123 ammunition owned by the respondent if the officer has probable
1124 cause to believe that there are firearms or ammunition owned by
1125 the respondent in the respondent’s custody, control, or
1126 possession which have not been surrendered.
1127 (c) At the time of surrender, a law enforcement officer
1128 taking possession of any firearm or ammunition owned by the
1129 respondent, or a license to carry a concealed weapon or firearm
1130 issued under s. 790.06, held by the respondent shall issue a
1131 receipt identifying all firearms and the quantity and type of
1132 ammunition that have been surrendered, and any license
1133 surrendered and shall provide a copy of the receipt to the
1134 respondent. Within 72 hours after service of the order, the law
1135 enforcement officer serving the order shall file the original
1136 receipt with the court and shall ensure that his or her law
1137 enforcement agency retains a copy of the receipt.
1138 (d) Notwithstanding ss. 933.02 and 933.18, upon the sworn
1139 statement or testimony of any person alleging that the
1140 respondent has failed to comply with the surrender of firearms
1141 or ammunition owned by the respondent, as required by an order
1142 issued under this section, the court shall determine whether
1143 probable cause exists to believe that the respondent has failed
1144 to surrender all firearms or ammunition owned by the respondent
1145 in the respondent’s custody, control, or possession. If the
1146 court finds that probable cause exists, the court must issue a
1147 warrant describing the firearms or ammunition owned by the
1148 respondent and authorizing a search of the locations where the
1149 firearms or ammunition owned by the respondent are reasonably
1150 believed to be found and the seizure of any firearms or
1151 ammunition owned by the respondent discovered pursuant to such
1152 search.
1153 (e) If a person other than the respondent claims title to
1154 any firearms or ammunition surrendered pursuant to this section
1155 and he or she is determined by the law enforcement agency to be
1156 the lawful owner of the firearm or ammunition, the firearm or
1157 ammunition shall be returned to him or her, if:
1158 1. The lawful owner agrees to store the firearm or
1159 ammunition in a manner such that the respondent does not have
1160 access to or control of the firearm or ammunition.
1161 2. The firearm or ammunition is not otherwise unlawfully
1162 possessed by the owner.
1163 (f) Upon the issuance of a risk protection order, the court
1164 shall order a new hearing date and require the respondent to
1165 appear no later than 3 business days after the issuance of the
1166 order. The court shall require proof that the respondent has
1167 surrendered any firearms or ammunition owned by the respondent
1168 in the respondent’s custody, control, or possession. The court
1169 may cancel the hearing upon a satisfactory showing that the
1170 respondent is in compliance with the order.
1171 (g) All law enforcement agencies must develop policies and
1172 procedures regarding the acceptance, storage, and return of
1173 firearms, ammunition, or licenses required to be surrendered
1174 under this section.
1175 (8) RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
1176 (a) If a risk protection order is vacated or ends without
1177 extension, a law enforcement agency holding a firearm or any
1178 ammunition owned by the respondent or a license to carry a
1179 concealed weapon or firearm issued under s. 790.06, held by the
1180 respondent, that has been surrendered or seized pursuant to this
1181 section must return such surrendered firearm, ammunition, or
1182 license to carry a concealed weapon or firearm issued under s.
1183 790.06, as requested by a respondent only after confirming
1184 through a background check that the respondent is currently
1185 eligible to own or possess firearms and ammunition under federal
1186 and state law and after confirming with the court that the risk
1187 protection order has been vacated or has ended without
1188 extension.
1189 (b) If a risk protection order is vacated or ends without
1190 extension, the Department of Agriculture and Consumer Services,
1191 if it has suspended a license to carry a concealed weapon or
1192 firearm pursuant to this section, must reinstate such license
1193 only after confirming that the respondent is currently eligible
1194 to have a license to carry a concealed weapon or firearm
1195 pursuant to s. 790.06.
1196 (c) A law enforcement agency must provide notice to any
1197 family or household members of the respondent before the return
1198 of any surrendered firearm and ammunition owned by the
1199 respondent.
1200 (d) Any firearm and ammunition surrendered by a respondent
1201 pursuant to subsection (7) which remains unclaimed for 1 year by
1202 the lawful owner after an order to vacate the risk protection
1203 order shall be disposed of in accordance with the law
1204 enforcement agency’s policies and procedures for the disposal of
1205 firearms in police custody.
1206 (9) TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
1207 elect to transfer all firearms and ammunition owned by the
1208 respondent that have been surrendered to or seized by a local
1209 law enforcement agency pursuant to subsection (7) to another
1210 person who is willing to receive the respondent’s firearms and
1211 ammunition. The law enforcement agency must allow such a
1212 transfer only if it is determined that the chosen recipient:
1213 (a) Currently is eligible to own or possess a firearm and
1214 ammunition under federal and state law after confirmation
1215 through a background check;
1216 (b) Attests to storing the firearms and ammunition in a
1217 manner such that the respondent does not have access to or
1218 control of the firearms and ammunition until the risk protection
1219 order against the respondent is vacated or ends without
1220 extension; and
1221 (c) Attests not to transfer the firearms or ammunition back
1222 to the respondent until the risk protection order against the
1223 respondent is vacated or ends without extension.
1224 (10) REPORTING OF ORDERS.—
1225 (a) Within 24 hours after issuance, the clerk of the court
1226 shall enter any risk protection order or temporary ex parte risk
1227 protection order issued under this section into the uniform case
1228 reporting system.
1229 (b) Within 24 hours after issuance, the clerk of the court
1230 shall forward a copy of an order issued under this section to
1231 the appropriate law enforcement agency specified in the order.
1232 Upon receipt of the copy of the order, the law enforcement
1233 agency shall enter the order into the Florida Crime Information
1234 Center and National Crime Information Center. The order must
1235 remain in each system for the period stated in the order, and
1236 the law enforcement agency may only remove an order from the
1237 systems which has ended or been vacated. Entry of the order into
1238 the Florida Crime Information Center and National Crime
1239 Information Center constitutes notice to all law enforcement
1240 agencies of the existence of the order. The order is fully
1241 enforceable in any county in this state.
1242 (c) The issuing court shall, within 3 business days after
1243 issuance of a risk protection order or temporary ex parte risk
1244 protection order, forward all available identifying information
1245 concerning the respondent, along with the date of order
1246 issuance, to the Department of Agriculture and Consumer
1247 Services. Upon receipt of the information, the department shall
1248 determine if the respondent has a license to carry a concealed
1249 weapon or firearm. If the respondent does have a license to
1250 carry a concealed weapon or firearm, the department must
1251 immediately suspend the license.
1252 (d) If a risk protection order is vacated before its end
1253 date, the clerk of the court shall, on the day of the order to
1254 vacate, forward a copy of the order to the Department of
1255 Agriculture and Consumer Services and the appropriate law
1256 enforcement agency specified in the order to vacate. Upon
1257 receipt of the order, the law enforcement agency shall promptly
1258 remove the order from any computer-based system in which it was
1259 entered pursuant to paragraph (b).
1260 (11) PENALTIES.—
1261 (a) A person who makes a false statement, which he or she
1262 does not believe to be true, under oath in a hearing under this
1263 section in regard to any material matter commits a felony of the
1264 third degree, punishable as provided in s. 775.082, s. 775.083,
1265 or s. 775.084.
1266 (b) A person who has in his or her custody or control a
1267 firearm or any ammunition or who purchases, possesses, or
1268 receives a firearm or any ammunition with knowledge that he or
1269 she is prohibited from doing so by an order issued under this
1270 section commits a felony of the third degree, punishable as
1271 provided in s. 775.082, s. 775.083, or s. 775.084.
1272 (12) LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
1273 does not affect the ability of a law enforcement officer to
1274 remove a firearm or ammunition or license to carry a concealed
1275 weapon or concealed firearm from any person or to conduct any
1276 search and seizure for firearms or ammunition pursuant to other
1277 lawful authority.
1278 (13) LIABILITY.—Except as provided in subsection (8) or
1279 subsection (11), this section does not impose criminal or civil
1280 liability on any person or entity for acts or omissions related
1281 to obtaining a risk protection order or temporary ex parte risk
1282 protection order, including, but not limited to, providing
1283 notice to the petitioner, a family or household member of the
1284 respondent, and any known third party who may be at risk of
1285 violence or failure to provide such notice, or reporting,
1286 declining to report, investigating, declining to investigate,
1287 filing, or declining to file, a petition under this section.
1288 (14) INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
1289 (a) The Office of the State Courts Administrator shall
1290 develop and prepare instructions and informational brochures,
1291 standard petitions and risk protection order forms, and a court
1292 staff handbook on the risk protection order process. The
1293 standard petition and order forms must be used after January 1,
1294 2019, for all petitions filed and orders issued pursuant to this
1295 section. The office shall determine the significant non-English
1296 speaking or limited English-speaking populations in the state
1297 and prepare the instructions and informational brochures and
1298 standard petitions and risk protection order forms in such
1299 languages. The instructions, brochures, forms, and handbook must
1300 be prepared in consultation with interested persons, including
1301 representatives of gun violence prevention groups, judges, and
1302 law enforcement personnel. Materials must be based on best
1303 practices and must be available online to the public.
1304 1. The instructions must be designed to assist petitioners
1305 in completing the petition and must include a sample of a
1306 standard petition and order for protection forms.
1307 2. The instructions and standard petition must include a
1308 means for the petitioner to identify, with only layman’s
1309 knowledge, the firearms or ammunition the respondent may own,
1310 possess, receive, or have in his or her custody or control. The
1311 instructions must provide pictures of types of firearms and
1312 ammunition that the petitioner may choose from to identify the
1313 relevant firearms or ammunition, or must provide an equivalent
1314 means to allow petitioners to identify firearms or ammunition
1315 without requiring specific or technical knowledge regarding the
1316 firearms or ammunition.
1317 3. The informational brochure must describe the use of and
1318 the process for obtaining, extending, and vacating a risk
1319 protection order under this section and must provide relevant
1320 forms.
1321 4. The risk protection order form must include, in a
1322 conspicuous location, notice of criminal penalties resulting
1323 from violation of the order and the following statement: “You
1324 have the sole responsibility to avoid or refrain from violating
1325 this order’s provisions. Only the court can change the order and
1326 only upon written request.”
1327 5. The court staff handbook must allow for the addition of
1328 a community resource list by the clerk of the court.
1329 (b) Any clerk of court may create a community resource list
1330 of crisis intervention, mental health, substance abuse,
1331 interpreter, counseling, and other relevant resources serving
1332 the county in which the court is located. The court may make the
1333 community resource list available as part of or in addition to
1334 the informational brochures described in paragraph (a).
1335 (c) The Office of the State Courts Administrator shall
1336 distribute a master copy of the petition and order forms,
1337 instructions, and informational brochures to the clerks of
1338 court. Distribution of all documents shall, at a minimum, be in
1339 an electronic format or formats accessible to all courts and
1340 clerks of court in the state.
1341 (d) Within 90 days after receipt of the master copy from
1342 the Office of the State Courts Administrator, the clerk of the
1343 court shall make available the standardized forms, instructions,
1344 and informational brochures required by this subsection.
1345 (e) The Office of the State Courts Administrator shall
1346 update the instructions, brochures, standard petition and risk
1347 protection order forms, and court staff handbook as necessary,
1348 including when changes in the law make an update necessary.
1349 Section 16. Section 836.10, Florida Statutes, is amended to
1350 read:
1351 836.10 Written threats to kill, or do bodily injury, or
1352 conduct a mass shooting or an act of terrorism; punishment.—Any
1353 person who writes or composes and also sends or procures the
1354 sending of any letter, inscribed communication, or electronic
1355 communication, whether such letter or communication be signed or
1356 anonymous, to any person, containing a threat to kill or to do
1357 bodily injury to the person to whom such letter or communication
1358 is sent, or a threat to kill or do bodily injury to any member
1359 of the family of the person to whom such letter or communication
1360 is sent, or any person who makes, posts, or transmits a threat
1361 in a writing or other record, including an electronic record, to
1362 conduct a mass shooting or an act of terrorism, in any manner
1363 that would allow another person to view the threat, commits a
1364 felony of the second degree, punishable as provided in s.
1365 775.082, s. 775.083, or s. 775.084.
1366 Section 17. Paragraph (f) of subsection (3) of section
1367 921.0022, Florida Statutes, is amended to read:
1368 921.0022 Criminal Punishment Code; offense severity ranking
1369 chart.—
1370 (3) OFFENSE SEVERITY RANKING CHART
1371 (f) LEVEL 6
1372
1373 FloridaStatute FelonyDegree Description
1374 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
1375 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
1376 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
1377 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
1378 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
1379 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
1380 775.0875(1) 3rd Taking firearm from law enforcement officer.
1381 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
1382 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
1383 784.041 3rd Felony battery; domestic battery by strangulation.
1384 784.048(3) 3rd Aggravated stalking; credible threat.
1385 784.048(5) 3rd Aggravated stalking of person under 16.
1386 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
1387 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
1388 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
1389 784.081(2) 2nd Aggravated assault on specified official or employee.
1390 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
1391 784.083(2) 2nd Aggravated assault on code inspector.
1392 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
1393 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
1394 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
1395 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
1396 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
1397 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
1398 794.05(1) 2nd Unlawful sexual activity with specified minor.
1399 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
1400 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
1401 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
1402 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
1403 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
1404 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
1405 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
1406 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
1407 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
1408 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
1409 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
1410 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
1411 825.102(1) 3rd Abuse of an elderly person or disabled adult.
1412 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
1413 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
1414 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
1415 827.03(2)(c) 3rd Abuse of a child.
1416 827.03(2)(d) 3rd Neglect of a child.
1417 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
1418 836.05 2nd Threats; extortion.
1419 836.10 2nd Written threats to kill, or do bodily injury, or conduct a mass shooting or an act of terrorism.
1420 843.12 3rd Aids or assists person to escape.
1421 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
1422 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
1423 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
1424 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
1425 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
1426 944.40 2nd Escapes.
1427 944.46 3rd Harboring, concealing, aiding escaped prisoners.
1428 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
1429 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
1430
1431
1432 Section 18. Section 943.082, Florida Statutes, is created
1433 to read:
1434 943.082 School Safety Awareness Program.—
1435 (1) In collaboration with the Department of Legal Affairs,
1436 the department shall competitively procure a mobile suspicious
1437 activity reporting tool that allows students and the community
1438 to relay information anonymously concerning unsafe, potentially
1439 harmful, dangerous, violent, or criminal activities, or the
1440 threat of these activities, to appropriate public safety
1441 agencies and school officials. As recommended by students of
1442 Marjory Stoneman Douglas High School, the program shall be named
1443 “FortifyFL.” At a minimum, the department must receive reports
1444 electronically through the mobile suspicious activity reporting
1445 tool that is available on both Android and Apple devices.
1446 (2) The reporting tool must notify the reporting party of
1447 the following information:
1448 (a) That the reporting party may provide his or her report
1449 anonymously.
1450 (b) That if the reporting party chooses to disclose his or
1451 her identity, that information shall be shared with the
1452 appropriate law enforcement agency and school officials;
1453 however, the law enforcement agency and school officials shall
1454 be required to maintain the information as confidential.
1455 (3) Information reported using the tool must be promptly
1456 forwarded to the appropriate law enforcement agency or school
1457 official.
1458 (4) Law enforcement dispatch centers, school districts,
1459 schools, and other entities identified by the department shall
1460 be made aware of the mobile suspicious activity reporting tool.
1461 (5) The department, in collaboration with the Division of
1462 Victims Services within the Office of the Attorney General and
1463 the Office of Safe Schools within the Department of Education,
1464 shall develop and provide a comprehensive training and awareness
1465 program on the use of the mobile suspicious activity reporting
1466 tool.
1467 Section 19. Section 943.687, Florida Statutes, is created
1468 to read:
1469 943.687 Marjory Stoneman Douglas High School Public Safety
1470 Commission.—
1471 (1) There is created within the Department of Law
1472 Enforcement the Marjory Stoneman Douglas High School Public
1473 Safety Commission, a commission as defined in s. 20.03.
1474 (2)(a) The commission shall convene no later than June 1,
1475 2018, and shall be composed of 16 members. Five members shall be
1476 appointed by the President of the Senate, five members shall be
1477 appointed by the Speaker of the House of Representatives, and
1478 five members shall be appointed by the Governor. From the
1479 members of the commission, the Governor shall appoint the chair.
1480 Appointments must be made by April 30, 2018. The Commissioner of
1481 the Department of Law Enforcement shall serve as a member of the
1482 commission. The Secretary of Children and Families, the
1483 Secretary of Juvenile Justice, the Secretary of Health Care
1484 Administration, and the Commissioner of Education shall serve as
1485 ex officio, nonvoting members of the commission. Members shall
1486 serve at the pleasure of the officer who appointed the member. A
1487 vacancy on the commission shall be filled in the same manner as
1488 the original appointment.
1489 (b) The General Counsel of the Department of Law
1490 Enforcement shall serve as the general counsel for the
1491 commission.
1492 (c) The Department of Law Enforcement staff, as assigned by
1493 the chair, shall assist the commission in performing its duties.
1494 (d) The commission shall meet as necessary to conduct its
1495 work at the call of the chair and at the time designated by him
1496 or her at locations throughout the state. The commission may
1497 conduct its meetings through teleconferences or other similar
1498 means.
1499 (e) Members of the commission are entitled to receive
1500 reimbursement for per diem and travel expenses pursuant to s.
1501 112.061.
1502 (3) The commission shall investigate system failures in the
1503 Marjory Stoneman Douglas High School shooting and prior mass
1504 violence incidents in this state and develop recommendations for
1505 system improvements. At a minimum, the commission shall analyze
1506 information and evidence from the Marjory Stoneman Douglas High
1507 School shooting and other mass violence incidents in this state.
1508 At a minimum the commission shall:
1509 (a) Develop a timeline of the incident, incident response,
1510 and all relevant events preceding the incident, with particular
1511 attention to all perpetrator contacts with local, state and
1512 national government agencies and entities and any contract
1513 providers of such agencies and entities.
1514 (b) Investigate any failures in incident responses by local
1515 law enforcement agencies and school resource officers.
1516 1. Identify existing policies and procedures for active
1517 assailant incidents on school premises and evaluate the
1518 compliance with such policies and procedures in the execution of
1519 incident responses.
1520 2. Evaluate existing policies and procedures for active
1521 assailant incidents on school premises in comparison with
1522 national best practices.
1523 3. Evaluate the extent to which any failures in policy,
1524 procedure, or execution contributed to an inability to prevent
1525 deaths and injuries.
1526 4. Make specific recommendations for improving law
1527 enforcement and school resource officer incident response in the
1528 future.
1529 5. Make specific recommendations for determining the
1530 appropriate ratio of school resource officers per school by
1531 school type. At a minimum, the methodology for determining the
1532 ratio should include the school location, student population,
1533 and school design.
1534 (c) Investigate any failures in interactions with
1535 perpetrators preceding mass violence incidents.
1536 1. Identify the history of interactions between
1537 perpetrators and governmental entities such as schools, law
1538 enforcement agencies, courts and social service agencies, and
1539 identify any failures to adequately communicate or coordinate
1540 regarding indicators of risk or possible threats.
1541 2. Evaluate the extent to which any such failures
1542 contributed to an inability to prevent deaths and injuries.
1543 3. Make specific recommendations for improving
1544 communication and coordination among entities with knowledge of
1545 indicators of risk or possible threats of mass violence in the
1546 future.
1547 4. Identify available state and local tools and resources
1548 for enhancing communication and coordination regarding
1549 indicators of risk or possible threats, including, but not
1550 limited to, the Department of Law Enforcement Fusion Center or
1551 Judicial Inquiry System, and make specific recommendations for
1552 using such tools and resources more effectively in the future.
1553 (4) The commission has the power to investigate. The
1554 commission may delegate to its investigators the authority to
1555 administer oaths and affirmations.
1556 (5) The Commissioner of the Department of Law Enforcement
1557 shall use his or her subpoena power to compel the attendance of
1558 witnesses to testify before the commission. The Commissioner of
1559 the Department of Law Enforcement shall use his or her subpoena
1560 power to compel the production of any books, papers, records,
1561 documentary evidence, and other items, including confidential
1562 information, relevant to the performance of the duties of the
1563 commission or to the exercise of its powers. The chair or any
1564 other member of the commission may administer all oaths and
1565 affirmations in the manner prescribed by law to witnesses who
1566 appear before the commission for the purpose of testifying in
1567 any matter of which the commission desires evidence. In the case
1568 of a refusal to obey a subpoena, the commission may make
1569 application to any circuit court of this state having
1570 jurisdiction to order the witness to appear before the
1571 commission and to produce evidence, if so ordered, or to give
1572 testimony relevant to the matter in question. Failure to obey
1573 the order may be punished by the court as contempt.
1574 (6) The commission may call upon appropriate agencies of
1575 state government for such professional assistance as may be
1576 needed in the discharge of its duties, and such agencies shall
1577 provide such assistance in a timely manner.
1578 (7) Notwithstanding any other law, the commission may
1579 request and shall be provided with access to any information or
1580 records, including exempt or confidential and exempt information
1581 or records, which pertain to the Marjory Stoneman Douglas High
1582 School shooting and prior mass violence incidents in Florida
1583 being reviewed by the commission and which are necessary for the
1584 commission to carry out its duties. Information or records
1585 obtained by the commission which are otherwise exempt or
1586 confidential and exempt shall retain such exempt or confidential
1587 and exempt status and the commission may not disclose any such
1588 information or records.
1589 (8) The commission shall submit an initial report on its
1590 findings and recommendations to the Governor, President of the
1591 Senate, and Speaker of the House of Representatives by January
1592 1, 2019, and may issue reports annually thereafter. The
1593 commission shall sunset July 1, 2023, and this section is
1594 repealed on that date.
1595 Section 20. Section 1001.212, Florida Statutes, is created
1596 to read:
1597 1001.212 Office of Safe Schools.—There is created in the
1598 Department of Education the Office of Safe Schools. The office
1599 is fully accountable to the Commissioner of Education. The
1600 office shall serve as a central repository for best practices,
1601 training standards, and compliance oversight in all matters
1602 regarding school safety and security, including prevention
1603 efforts, intervention efforts, and emergency preparedness
1604 planning. The office shall:
1605 (1) Establish and update as necessary a school security
1606 risk assessment tool for use by school districts pursuant to s.
1607 1006.07(6). The office shall make the security risk assessment
1608 tool available for use by charter schools.
1609 (2) Provide ongoing professional development opportunities
1610 to school district personnel.
1611 (3) Provide a coordinated and interdisciplinary approach to
1612 providing technical assistance and guidance to school districts
1613 on safety and security and recommendations to address findings
1614 identified pursuant to s. 1006.07(6).
1615 (4) Develop and implement a School Safety Specialist
1616 Training Program for school safety specialists appointed
1617 pursuant to s. 1006.07(6). The office shall develop the training
1618 program which shall be based on national and state best
1619 practices on school safety and security and must include active
1620 shooter training. The office shall develop training modules in
1621 traditional or online formats. A school safety specialist
1622 certificate of completion shall be awarded to a school safety
1623 specialist who satisfactorily completes the training required by
1624 rules of the office.
1625 (5) Review and provide recommendations on the security risk
1626 assessments. The department may contract with security
1627 personnel, consulting engineers, architects, or other safety and
1628 security experts the department deems necessary for safety and
1629 security consultant services.
1630 (6) Coordinate with the Department of Law Enforcement to
1631 provide a centralized integrated data repository and data
1632 analytics resources to improve access to timely, complete and
1633 accurate information integrating data from, at a minimum, but
1634 not limited to, the following data sources by December 1, 2018:
1635 (a) Social Media;
1636 (b) Department of Children and Families;
1637 (c) Department of Law Enforcement;
1638 (d) Department of Juvenile Justice; and
1639 (e) Local law enforcement.
1640 (7) Data that is exempt or confidential and exempt from
1641 public records requirements retains its exempt or confidential
1642 and exempt status when incorporated into the centralized
1643 integrated data repository.
1644 (8) To maintain the confidentiality requirements attached
1645 to the information provided to the centralized integrated data
1646 repository by the various state and local agencies, data
1647 governance and security shall ensure compliance with all
1648 applicable state and federal data privacy requirements through
1649 the use of user authorization and role based security, data
1650 anonymization and aggregation and auditing capabilities.
1651 (9) To maintain the confidentiality requirements attached
1652 to the information provided to the centralized integrated data
1653 repository by the various state and local agencies, each source
1654 agency providing data for the repository shall be the sole
1655 custodian of the data for the purpose of any request for
1656 inspection or copies thereof under ch. 119. The department shall
1657 only allow access to data from the source agencies in accordance
1658 with rules adopted by the respective source agencies.
1659 (10) Award grants to schools to improve the safety and
1660 security of school buildings based upon recommendations of the
1661 security risk assessment developed pursuant to subsection (1).
1662 (11) Disseminate, in consultation with the Department of
1663 Law Enforcement, to participating schools awareness and
1664 education materials on the School Safety Awareness Program
1665 developed pursuant to s. 943.082.
1666 Section 21. Paragraph (a) of subsection (10) of section
1667 1002.32, Florida Statutes, is amended to read:
1668 1002.32 Developmental research (laboratory) schools.—
1669 (10) EXCEPTIONS TO LAW.—To encourage innovative practices
1670 and facilitate the mission of the lab schools, in addition to
1671 the exceptions to law specified in s. 1001.23(2), the following
1672 exceptions shall be permitted for lab schools:
1673 (a) The methods and requirements of the following statutes
1674 shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
1675 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
1676 1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
1677 1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
1678 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
1679 1001.49; 1001.50; 1001.51; 1006.12(2) 1006.12(1); 1006.21(3),
1680 (4); 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
1681 1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
1682 1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
1683 (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
1684 1011.72; 1011.73; and 1011.74.
1685 Section 22. Subsection (1) of section 1006.04, Florida
1686 Statutes, is amended to read:
1687 1006.04 Educational multiagency services for students with
1688 severe emotional disturbance.—
1689 (1)(a) The multiagency network for students with emotional
1690 and behavioral disabilities works with education, mental health,
1691 child welfare, and juvenile justice professionals, along with
1692 other agencies and families, to provide children with mental
1693 illness or emotional and behavioral problems and their families
1694 with access to the services and supports they need to succeed An
1695 intensive, integrated educational program; a continuum of mental
1696 health treatment services; and, when needed, residential
1697 services are necessary to enable students with severe emotional
1698 disturbance to develop appropriate behaviors and demonstrate
1699 academic and career education skills. The small incidence of
1700 severe emotional disturbance in the total school population
1701 requires multiagency programs to provide access to appropriate
1702 services for all students with severe emotional disturbance.
1703 District school boards should provide educational programs, and
1704 state departments and agencies administering children’s mental
1705 health funds should provide mental health treatment and
1706 residential services when needed, as part of the forming a
1707 multiagency network to provide support for students with severe
1708 emotional disturbance.
1709 (b) The purpose of the multiagency network is to: The
1710 program goals for each component of the multiagency network are
1711 to
1712 1. Enable students with severe emotional disturbance to
1713 learn appropriate behaviors, reduce dependency, and fully
1714 participate in all aspects of school and community living.; to
1715 2. Develop individual programs for students with severe
1716 emotional disturbance, including necessary educational,
1717 residential, and mental health treatment services.; to
1718 3. Provide programs and services as close as possible to
1719 the student’s home in the least restrictive manner consistent
1720 with the student’s needs.; and to
1721 4. Integrate a wide range of services necessary to support
1722 students with severe emotional disturbance and their families.
1723 (c) The multiagency network shall:
1724 1. Support and represent the needs of students in each
1725 school district in joint planning with fiscal agents of
1726 children’s mental health funds, including the expansion of
1727 school-based mental health services, transition services, and
1728 integrated education and treatment programs.
1729 2. Improve coordination of services for children with or at
1730 risk of emotional or behavioral disabilities and their families
1731 by assisting multi-agency collaborative initiatives to identify
1732 critical issues and barriers of mutual concern and develop local
1733 response systems that increase home and school connections and
1734 family engagement.
1735 3. Increase parent and youth involvement and development
1736 with local systems of care.
1737 4. Facilitate student and family access to effective
1738 services and programs for students with and at risk of emotional
1739 or behavioral disabilities that include necessary educational,
1740 residential, and mental health treatment services, enabling
1741 these students to learn appropriate behaviors, reduce
1742 dependency, and fully participate in all aspects of school and
1743 community living.
1744 Section 23. Paragraph (b) of subsection (1), paragraphs (k)
1745 through (m) of subsection (2), and subsections (3), (4), and (6)
1746 of section 1006.07, Florida Statutes, are amended, and
1747 subsections (7) and (8) are added to that section to read:
1748 1006.07 District school board duties relating to student
1749 discipline and school safety.—The district school board shall
1750 provide for the proper accounting for all students, for the
1751 attendance and control of students at school, and for proper
1752 attention to health, safety, and other matters relating to the
1753 welfare of students, including:
1754 (1) CONTROL OF STUDENTS.—
1755 (b) Require each student at the time of initial
1756 registration for school in the school district to note previous
1757 school expulsions, arrests resulting in a charge, and juvenile
1758 justice actions, and referrals to mental health services the
1759 student has had, and have the authority as the district school
1760 board of a receiving school district to honor the final order of
1761 expulsion or dismissal of a student by any in-state or out-of
1762 state public district school board or private school, or lab
1763 school, for an act which would have been grounds for expulsion
1764 according to the receiving district school board’s code of
1765 student conduct, in accordance with the following procedures:
1766 1. A final order of expulsion shall be recorded in the
1767 records of the receiving school district.
1768 2. The expelled student applying for admission to the
1769 receiving school district shall be advised of the final order of
1770 expulsion.
1771 3. The district school superintendent of the receiving
1772 school district may recommend to the district school board that
1773 the final order of expulsion be waived and the student be
1774 admitted to the school district, or that the final order of
1775 expulsion be honored and the student not be admitted to the
1776 school district. If the student is admitted by the district
1777 school board, with or without the recommendation of the district
1778 school superintendent, the student may be placed in an
1779 appropriate educational program and referred to mental health
1780 services identified by the school district pursuant to s.
1781 1012.584(4), when appropriate, at the direction of the district
1782 school board.
1783 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
1784 conduct for elementary schools and a code of student conduct for
1785 middle and high schools and distribute the appropriate code to
1786 all teachers, school personnel, students, and parents, at the
1787 beginning of every school year. Each code shall be organized and
1788 written in language that is understandable to students and
1789 parents and shall be discussed at the beginning of every school
1790 year in student classes, school advisory council meetings, and
1791 parent and teacher association or organization meetings. Each
1792 code shall be based on the rules governing student conduct and
1793 discipline adopted by the district school board and shall be
1794 made available in the student handbook or similar publication.
1795 Each code shall include, but is not limited to:
1796 (k) Policies to be followed for the assignment of violent
1797 or disruptive students to an alternative educational program or
1798 referral of such students to mental health services identified
1799 by the school district pursuant to s. 1012.584(4).
1800 (l) Notice that any student who is determined to have
1801 brought a firearm or weapon, as defined in chapter 790, to
1802 school, to any school function, or onto any school-sponsored
1803 transportation, or to have possessed a firearm at school, will
1804 be expelled, with or without continuing educational services,
1805 from the student’s regular school for a period of not less than
1806 1 full year and referred to mental health services identified by
1807 the school district pursuant to s. 1012.584(4) and the criminal
1808 justice or juvenile justice system. District school boards may
1809 assign the student to a disciplinary program or second chance
1810 school for the purpose of continuing educational services during
1811 the period of expulsion. District school superintendents may
1812 consider the 1-year expulsion requirement on a case-by-case
1813 basis and request the district school board to modify the
1814 requirement by assigning the student to a disciplinary program
1815 or second chance school if the request for modification is in
1816 writing and it is determined to be in the best interest of the
1817 student and the school system.
1818 (m) Notice that any student who is determined to have made
1819 a threat or false report, as defined by ss. 790.162 and 790.163,
1820 respectively, involving school or school personnel’s property,
1821 school transportation, or a school-sponsored activity will be
1822 expelled, with or without continuing educational services, from
1823 the student’s regular school for a period of not less than 1
1824 full year and referred for criminal prosecution and mental
1825 health services identified by the school district pursuant to s.
1826 1012.584(4) for evaluation or treatment, when appropriate.
1827 District school boards may assign the student to a disciplinary
1828 program or second chance school for the purpose of continuing
1829 educational services during the period of expulsion. District
1830 school superintendents may consider the 1-year expulsion
1831 requirement on a case-by-case basis and request the district
1832 school board to modify the requirement by assigning the student
1833 to a disciplinary program or second chance school if it is
1834 determined to be in the best interest of the student and the
1835 school system.
1836 (3) STUDENT CRIME WATCH PROGRAM.—By resolution of the
1837 district school board, implement a student crime watch program
1838 to promote responsibility among students and improve school
1839 safety. The student crime watch program shall allow students and
1840 the community to anonymously relay information concerning unsafe
1841 and potentially harmful, dangerous, violent, or criminal
1842 activities, or the threat of these activities, to appropriate
1843 public safety agencies and school officials to assist in the
1844 control of criminal behavior within the schools.
1845 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
1846 (a) Formulate and prescribe policies and procedures, in
1847 consultation with the appropriate public safety agencies, for
1848 emergency drills and for actual emergencies, including, but not
1849 limited to, fires, natural disasters, active shooter and hostage
1850 situations, and bomb threats, for all students and faculty at
1851 all the public schools of the district comprised of which
1852 comprise grades K-12. Drills for active shooter and hostage
1853 situations shall be conducted at least as often as other
1854 emergency drills. District school board policies shall include
1855 commonly used alarm system responses for specific types of
1856 emergencies and verification by each school that drills have
1857 been provided as required by law and fire protection codes. The
1858 emergency response policy shall identify the individuals
1859 responsible for contacting the primary emergency response agency
1860 and the emergency response agency that is responsible for
1861 notifying the school district for each type of emergency must be
1862 listed in the district’s emergency response policy.
1863 (b) Establish model emergency management and emergency
1864 preparedness procedures, including emergency notification
1865 procedures pursuant to paragraph (a), for the following life
1866 threatening emergencies:
1867 1. Weapon-use, and hostage, and active shooter situations.
1868 The active shooter situation training for each school must
1869 engage the participation of the district school safety
1870 specialist, threat assessment team members, faculty, staff, and
1871 students and must be conducted by the law enforcement agency or
1872 agencies that are designated as first responders to the school’s
1873 campus.
1874 2. Hazardous materials or toxic chemical spills.
1875 3. Weather emergencies, including hurricanes, tornadoes,
1876 and severe storms.
1877 4. Exposure as a result of a manmade emergency.
1878 (c) Establish a schedule to test the functionality and
1879 coverage capacity of all emergency communication systems and
1880 determine if adequate signal strength is available in all areas
1881 of the school’s campus.
1882 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
1883 school superintendent shall establish policies and procedures
1884 for the prevention of violence on school grounds, including the
1885 assessment of and intervention with individuals whose behavior
1886 poses a threat to the safety of the school community.
1887 (a) Each district school superintendent shall designate a
1888 school administrator as a school safety specialist for the
1889 district. The school safety specialist must earn a certificate
1890 of completion of the school safety specialist training provided
1891 by the Office of Safe Schools within 1 year after appointment
1892 and is responsible for the supervision and oversight for all
1893 school safety and security personnel, policies, and procedures
1894 in the school district. The school safety specialist shall:
1895 1. Review policies and procedures for compliance with state
1896 law and rules.
1897 2. Provide the necessary training and resources to students
1898 and school district staff in matters relating to youth mental
1899 health awareness and assistance; emergency procedures, including
1900 active shooter training; and school safety and security.
1901 3. Serve as the school district liaison with local public
1902 safety agencies and national, state, and community agencies and
1903 organizations in matters of school safety and security.
1904 4. Conduct a school security risk assessment in accordance
1905 with s. 1006.1493 at each public school using the school
1906 security risk assessment tool developed by the Office of Safe
1907 Schools Use the Safety and Security Best Practices developed by
1908 the Office of Program Policy Analysis and Government
1909 Accountability to conduct a self-assessment of the school
1910 districts’ current safety and security practices. Based on the
1911 assessment these self-assessment findings, the district’s school
1912 safety specialist district school superintendent shall provide
1913 recommendations to the district school board which identify
1914 strategies and activities that the district school board should
1915 implement in order to improve school safety and security.
1916 Annually, each district school board must receive such findings
1917 and the school safety specialist’s recommendations the self
1918 assessment results at a publicly noticed district school board
1919 meeting to provide the public an opportunity to hear the
1920 district school board members discuss and take action on the
1921 report findings and recommendations. Each school safety
1922 specialist district school superintendent shall report such
1923 findings the self-assessment results and school board action to
1924 the Office of Safe Schools commissioner within 30 days after the
1925 district school board meeting.
1926 (b) Each school safety specialist shall coordinate with the
1927 appropriate public safety agencies, as defined in s. 365.171,
1928 that are designated as first responders to a school’s campus to
1929 conduct a tour of such campus once every 3 years and provide
1930 recommendations related to school safety. The recommendations by
1931 the public safety agencies must be considered as part of the
1932 recommendations by the school safety specialist pursuant to
1933 paragraph (a).
1934 (7) THREAT ASSESSMENT TEAMS.—Each district school board
1935 shall adopt policies for the establishment of threat assessment
1936 teams at each school whose duties include the coordination of
1937 resources and assessment and intervention with individuals whose
1938 behavior may pose a threat to the safety of school staff or
1939 students consistent with the model policies developed by the
1940 Office of Safe Schools. Such policies shall include procedures
1941 for referrals to mental health services identified by the school
1942 district pursuant to s. 1012.584(4), when appropriate.
1943 (a) A threat assessment team shall include persons with
1944 expertise in counseling, instruction, school administration, and
1945 law enforcement. The threat assessment teams shall identify
1946 members of the school community to whom threatening behavior
1947 should be reported and provide guidance to students, faculty,
1948 and staff regarding recognition of threatening or aberrant
1949 behavior that may represent a threat to the community, school,
1950 or self.
1951 (b) Upon a preliminary determination that a student poses a
1952 threat of violence or physical harm to himself or herself or
1953 others, a threat assessment team shall immediately report its
1954 determination to the superintendent or his or her designee. The
1955 superintendent or his or her designee shall immediately attempt
1956 to notify the student’s parent or legal guardian. Nothing in
1957 this subsection shall preclude school district personnel from
1958 acting immediately to address an imminent threat.
1959 (c) Upon a preliminary determination by the threat
1960 assessment team that a student poses a threat of violence to
1961 himself or herself or others or exhibits significantly
1962 disruptive behavior or need for assistance, the threat
1963 assessment team may obtain criminal history record information,
1964 as provided in s. 985.047. A member of a threat assessment team
1965 may not disclose any criminal history record information
1966 obtained pursuant to this section or otherwise use any record of
1967 an individual beyond the purpose for which such disclosure was
1968 made to the threat assessment team.
1969 (d) Notwithstanding any other provision of law, all state
1970 and local agencies and programs that provide services to
1971 students experiencing or at risk of an emotional disturbance or
1972 a mental illness, including the school districts, school
1973 personnel, state and local law enforcement agencies, the
1974 Department of Juvenile Justice, the Department of Children and
1975 Families, the Department of Health, the Agency for Health Care
1976 Administration, the Agency for Persons with Disabilities, the
1977 Department of Education, the Statewide Guardian Ad Litem Office,
1978 and any service or support provider contracting with such
1979 agencies, may share with each other records or information that
1980 are confidential or exempt from disclosure under chapter 119 if
1981 the records or information are reasonably necessary to ensure
1982 access to appropriate services for the student or to ensure the
1983 safety of the student or others. All such state and local
1984 agencies and programs shall communicate, collaborate, and
1985 coordinate efforts to serve such students.
1986 (e) If an immediate mental health or substance abuse crisis
1987 is suspected, school personnel shall follow policies established
1988 by the threat assessment team to engage behavioral health crisis
1989 resources. Behavioral health crisis resources, including, but
1990 not limited to, mobile crisis teams and school resource officers
1991 trained in crisis intervention, shall provide emergency
1992 intervention and assessment, make recommendations, and refer the
1993 student for appropriate services. Onsite school personnel shall
1994 report all such situations and actions taken to the threat
1995 assessment team, which shall contact the other agencies involved
1996 with the student and any known service providers to share
1997 information and coordinate any necessary followup actions.
1998 (f) Each threat assessment team established pursuant to
1999 this subsection shall report quantitative data on its activities
2000 to the Office of Safe Schools in accordance with guidance from
2001 the office.
2002 (8) SAFETY IN CONSTRUCTION PLANNING.—A district school
2003 board must allow the law enforcement agency or agencies that are
2004 designated as first responders to the district’s campus and
2005 school’s campuses to tour such campuses once every 3 years. Any
2006 changes related to school safety and emergency issues
2007 recommended by a law enforcement agency based on a campus tour
2008 must be documented by the district school board.
2009 Section 24. Subsection (2) of section 1006.08, Florida
2010 Statutes, is amended to read:
2011 1006.08 District school superintendent duties relating to
2012 student discipline and school safety.—
2013 (2) Notwithstanding the provisions of s. 985.04(7) or any
2014 other provision of law to the contrary, the court shall, within
2015 48 hours of the finding, notify the appropriate district school
2016 superintendent of the name and address of any student found to
2017 have committed a delinquent act, or who has had adjudication of
2018 a delinquent act withheld which, if committed by an adult, would
2019 be a felony, or the name and address of any student found guilty
2020 of a felony, or the name and address of any student the court
2021 refers to mental health services. Notification shall include the
2022 specific delinquent act found to have been committed or for
2023 which adjudication was withheld, or the specific felony for
2024 which the student was found guilty.
2025 Section 25. Section 1006.12, Florida Statutes, is amended
2026 to read:
2027 1006.12 Safe-school school resource officers at each public
2028 school and school safety officers.—For the protection and safety
2029 of school personnel, property, students, and visitors, each
2030 district school board and school district superintendent shall
2031 partner with law enforcement agencies to establish or assign one
2032 or more safe-school officers at each school facility within the
2033 district by implementing any combination of the following
2034 options which best meets the needs of the school district:
2035 (1) District school boards may Establish school resource
2036 officer programs, through a cooperative agreement with law
2037 enforcement agencies or in accordance with subsection (2).
2038 (a) School resource officers shall undergo criminal
2039 background checks, drug testing, and a psychological evaluation
2040 and be certified law enforcement officers, as defined in s.
2041 943.10(1), who are employed by a law enforcement agency as
2042 defined in s. 943.10(4). The powers and duties of a law
2043 enforcement officer shall continue throughout the employee’s
2044 tenure as a school resource officer.
2045 (b) School resource officers shall abide by district school
2046 board policies and shall consult with and coordinate activities
2047 through the school principal, but shall be responsible to the
2048 law enforcement agency in all matters relating to employment,
2049 subject to agreements between a district school board and a law
2050 enforcement agency. Activities conducted by the school resource
2051 officer which are part of the regular instructional program of
2052 the school shall be under the direction of the school principal.
2053 (c) Complete mental health crisis intervention training
2054 using a curriculum developed by a national organization with
2055 expertise in mental health crisis intervention. The training
2056 shall improve officers’ knowledge and skills as first responders
2057 to incidents involving students with emotional disturbance or
2058 mental illness, including de-escalation skills to ensure student
2059 and officer safety.
2060 (2) Commission one or more school safety officers for the
2061 protection and safety of school personnel, property, and
2062 students within the school district. The district school
2063 superintendent may recommend, and the district school board may
2064 appoint, one or more school safety officers.
2065 (2)(a) School safety officers shall undergo criminal
2066 background checks, drug testing, and a psychological evaluation
2067 and be law enforcement officers, as defined in s. 943.10(1),
2068 certified under the provisions of chapter 943 and employed by
2069 either a law enforcement agency or by the district school board.
2070 If the officer is employed by the district school board, the
2071 district school board is the employing agency for purposes of
2072 chapter 943, and must comply with the provisions of that
2073 chapter.
2074 (b) A district school board may commission one or more
2075 school safety officers for the protection and safety of school
2076 personnel, property, and students within the school district.
2077 The district school superintendent may recommend and the
2078 district school board may appoint one or more school safety
2079 officers.
2080 (b)(c) A school safety officer has and shall exercise the
2081 power to make arrests for violations of law on district school
2082 board property and to arrest persons, whether on or off such
2083 property, who violate any law on such property under the same
2084 conditions that deputy sheriffs are authorized to make arrests.
2085 A school safety officer has the authority to carry weapons when
2086 performing his or her official duties.
2087 (c)(d) A district school board may enter into mutual aid
2088 agreements with one or more law enforcement agencies as provided
2089 in chapter 23. A school safety officer’s salary may be paid
2090 jointly by the district school board and the law enforcement
2091 agency, as mutually agreed to.
2092 (3) At the school district’s discretion, participate in the
2093 school marshal program if such program is established pursuant
2094 to s. 30.15, to meet the requirement of establishing a safe
2095 school officer.
2096 Section 26. Subsection (1), paragraph (c) of subsection
2097 (4), and subsection (8) of section 1006.13, Florida Statutes,
2098 are amended, and paragraph (f) is added to subsection (2) of
2099 that section, to read:
2100 1006.13 Policy of zero tolerance for crime and
2101 victimization.—
2102 (1) District school boards shall It is the intent of the
2103 Legislature to promote a safe and supportive learning
2104 environment in schools by protecting, to protect students and
2105 staff from conduct that poses a serious threat to school safety.
2106 A threat assessment team may, and to encourage schools to use
2107 alternatives to expulsion or referral to law enforcement
2108 agencies to address by addressing disruptive behavior through
2109 restitution, civil citation, teen court, neighborhood
2110 restorative justice, or similar programs. Zero-tolerance The
2111 Legislature finds that zero-tolerance policies may are not
2112 intended to be rigorously applied to petty acts of misconduct
2113 and misdemeanors, including, but not limited to, minor fights or
2114 disturbances. Zero-tolerance policies The Legislature finds that
2115 zero-tolerance policies must apply equally to all students
2116 regardless of their economic status, race, or disability.
2117 (2) Each district school board shall adopt a policy of zero
2118 tolerance that:
2119 (f) Requires the threat assessment team to consult with law
2120 enforcement when a student exhibits a pattern of behavior, based
2121 upon previous acts or the severity of an act, that would pose a
2122 threat to school safety.
2123 (4)
2124 (c) Zero-tolerance policies do not require the reporting of
2125 petty acts of misconduct and misdemeanors to a law enforcement
2126 agency, including, but not limited to, disorderly conduct,
2127 disrupting a school function, simple assault or battery, affray,
2128 theft of less than $300, trespassing, and vandalism of less than
2129 $1,000. However, if a student commits more than one misdemeanor,
2130 the threat assessment team must consult with law enforcement to
2131 determine if the act should be reported to law enforcement.
2132 (8) A threat assessment team may School districts are
2133 encouraged to use alternatives to expulsion or referral to law
2134 enforcement agencies unless the use of such alternatives will
2135 pose a threat to school safety.
2136 Section 27. Section 1006.1493, Florida Statutes, is created
2137 to read:
2138 1006.1493 Florida Safe Schools Assessment Tool.—
2139 (1) The department through the Office of Safe Schools
2140 pursuant s. 1001.212 shall contract with a security consulting
2141 firm that specializes in the development of risk assessment
2142 software solutions and has experience in conducting security
2143 assessments of public facilities to develop, update, and
2144 implement a risk assessment tool, which shall be known as the
2145 Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
2146 used by school officials at each school district and public
2147 school site in the state in conducting security assessments for
2148 use by school officials at each school district and public
2149 school site in the state.
2150 (2) The FSSAT must help school officials identify threats,
2151 vulnerabilities, and appropriate safety controls for the schools
2152 that they supervise, pursuant to the security risk assessment
2153 requirements of s. 1006.07(6).
2154 (a) At a minimum, the FSSAT must address all of the
2155 following components:
2156 1. School emergency and crisis preparedness planning;
2157 2. Security, crime, and violence prevention policies and
2158 procedures;
2159 3. Physical security measures;
2160 4. Professional development training needs;
2161 5. An examination of support service roles in school
2162 safety, security, and emergency planning;
2163 6. School security and school police staffing, operational
2164 practices, and related services;
2165 7. School and community collaboration on school safety; and
2166 8. A return on investment analysis of the recommended
2167 physical security controls.
2168 (b) The department shall require by contract that the
2169 security consulting firm:
2170 1. Generate written automated reports on assessment
2171 findings for review by the department and school and district
2172 officials;
2173 2. Provide training to the department and school officials
2174 in the use of the FSSAT and other areas of importance identified
2175 by the department; and
2176 3. Advise in the development and implementation of
2177 templates, formats, guidance, and other resources necessary to
2178 facilitate the implementation of this section at state,
2179 district, school, and local levels.
2180 (3) By December 1, 2018, and annually by that date
2181 thereafter, the department must report to the Governor, the
2182 President of the Senate, and the Speaker of the House of
2183 Representatives on the status of implementation across school
2184 districts and schools. The report must include a summary of the
2185 positive school safety measures in place at the time of the
2186 assessment and any recommendations for policy changes or funding
2187 needed to facilitate continued school safety planning,
2188 improvement, and response at the state, district, or school
2189 levels.
2190 (4) In accordance with ss. 119.071(3)(a) and 281.301, data
2191 and information related to security risk assessments
2192 administered pursuant to this section and s. 1006.07(6) and the
2193 security information contained in the annual report required
2194 pursuant to subsection (3) are confidential and exempt from
2195 public records requirements.
2196 Section 28. Subsections (16) and (17) of section 1011.62,
2197 Florida Statutes, are redesignated as subsections (17) and (18),
2198 respectively, paragraph (a) of subsection (4), paragraph (b) of
2199 subsection (6), subsection (14), and subsection (15) of that
2200 section are amended, and a new subsection (16) is added to that
2201 section, to read:
2202 1011.62 Funds for operation of schools.—If the annual
2203 allocation from the Florida Education Finance Program to each
2204 district for operation of schools is not determined in the
2205 annual appropriations act or the substantive bill implementing
2206 the annual appropriations act, it shall be determined as
2207 follows:
2208 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
2209 Legislature shall prescribe the aggregate required local effort
2210 for all school districts collectively as an item in the General
2211 Appropriations Act for each fiscal year. The amount that each
2212 district shall provide annually toward the cost of the Florida
2213 Education Finance Program for kindergarten through grade 12
2214 programs shall be calculated as follows:
2215 (a) Estimated taxable value calculations.—
2216 1.a. Not later than 2 working days before July 19, the
2217 Department of Revenue shall certify to the Commissioner of
2218 Education its most recent estimate of the taxable value for
2219 school purposes in each school district and the total for all
2220 school districts in the state for the current calendar year
2221 based on the latest available data obtained from the local
2222 property appraisers. The value certified shall be the taxable
2223 value for school purposes for that year, and no further
2224 adjustments shall be made, except those made pursuant to
2225 paragraphs (c) and (d), or an assessment roll change required by
2226 final judicial decisions as specified in paragraph (17)(b)
2227 (16)(b). Not later than July 19, the Commissioner of Education
2228 shall compute a millage rate, rounded to the next highest one
2229 one-thousandth of a mill, which, when applied to 96 percent of
2230 the estimated state total taxable value for school purposes,
2231 would generate the prescribed aggregate required local effort
2232 for that year for all districts. The Commissioner of Education
2233 shall certify to each district school board the millage rate,
2234 computed as prescribed in this subparagraph, as the minimum
2235 millage rate necessary to provide the district required local
2236 effort for that year.
2237 b. The General Appropriations Act shall direct the
2238 computation of the statewide adjusted aggregate amount for
2239 required local effort for all school districts collectively from
2240 ad valorem taxes to ensure that no school district’s revenue
2241 from required local effort millage will produce more than 90
2242 percent of the district’s total Florida Education Finance
2243 Program calculation as calculated and adopted by the
2244 Legislature, and the adjustment of the required local effort
2245 millage rate of each district that produces more than 90 percent
2246 of its total Florida Education Finance Program entitlement to a
2247 level that will produce only 90 percent of its total Florida
2248 Education Finance Program entitlement in the July calculation.
2249 2. On the same date as the certification in sub
2250 subparagraph 1.a., the Department of Revenue shall certify to
2251 the Commissioner of Education for each district:
2252 a. Each year for which the property appraiser has certified
2253 the taxable value pursuant to s. 193.122(2) or (3), if
2254 applicable, since the prior certification under sub-subparagraph
2255 1.a.
2256 b. For each year identified in sub-subparagraph a., the
2257 taxable value certified by the appraiser pursuant to s.
2258 193.122(2) or (3), if applicable, since the prior certification
2259 under sub-subparagraph 1.a. This is the certification that
2260 reflects all final administrative actions of the value
2261 adjustment board.
2262 (6) CATEGORICAL FUNDS.—
2263 (b) If a district school board finds and declares in a
2264 resolution adopted at a regular meeting of the school board that
2265 the funds received for any of the following categorical
2266 appropriations are urgently needed to maintain school board
2267 specified academic classroom instruction or improve school
2268 safety, the school board may consider and approve an amendment
2269 to the school district operating budget transferring the
2270 identified amount of the categorical funds to the appropriate
2271 account for expenditure:
2272 1. Funds for student transportation.
2273 2. Funds for safe schools.
2274 2.3. Funds for supplemental academic instruction if the
2275 required additional hour of instruction beyond the normal school
2276 day for each day of the entire school year has been provided for
2277 the students in each low-performing elementary school in the
2278 district pursuant to paragraph (1)(f).
2279 3.4. Funds for research-based reading instruction if the
2280 required additional hour of instruction beyond the normal school
2281 day for each day of the entire school year has been provided for
2282 the students in each low-performing elementary school in the
2283 district pursuant to paragraph (9)(a).
2284 4.5. Funds for instructional materials if all instructional
2285 material purchases necessary to provide updated materials that
2286 are aligned with applicable state standards and course
2287 descriptions and that meet statutory requirements of content and
2288 learning have been completed for that fiscal year, but no sooner
2289 than March 1. Funds available after March 1 may be used to
2290 purchase hardware for student instruction.
2291 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
2292 annually in the General Appropriations Act determine a
2293 percentage increase in funds per K-12 unweighted FTE as a
2294 minimum guarantee to each school district. The guarantee shall
2295 be calculated from prior year base funding per unweighted FTE
2296 student which shall include the adjusted FTE dollars as provided
2297 in subsection (17) (16), quality guarantee funds, and actual
2298 nonvoted discretionary local effort from taxes. From the base
2299 funding per unweighted FTE, the increase shall be calculated for
2300 the current year. The current year funds from which the
2301 guarantee shall be determined shall include the adjusted FTE
2302 dollars as provided in subsection (17) (16) and potential
2303 nonvoted discretionary local effort from taxes. A comparison of
2304 current year funds per unweighted FTE to prior year funds per
2305 unweighted FTE shall be computed. For those school districts
2306 which have less than the legislatively assigned percentage
2307 increase, funds shall be provided to guarantee the assigned
2308 percentage increase in funds per unweighted FTE student. Should
2309 appropriated funds be less than the sum of this calculated
2310 amount for all districts, the commissioner shall prorate each
2311 district’s allocation. This provision shall be implemented to
2312 the extent specifically funded.
2313 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
2314 created to provide funding to assist school districts in their
2315 compliance with s. 1006.07 ss. 1006.07-1006.148, with priority
2316 given to implementing the district’s establishing a school
2317 resource officer program pursuant to s. 1006.12. Each school
2318 district shall receive a minimum safe schools allocation in an
2319 amount provided in the General Appropriations Act. Of the
2320 remaining balance of the safe schools allocation, two-thirds
2321 shall be allocated to school districts based on the most recent
2322 official Florida Crime Index provided by the Department of Law
2323 Enforcement and one-third shall be allocated based on each
2324 school district’s proportionate share of the state’s total
2325 unweighted full-time equivalent student enrollment. Any
2326 additional funds appropriated to this allocation in the 2018
2327 2019 fiscal year to the school resource officer program
2328 established pursuant to s. 1006.12 shall be used exclusively for
2329 employing or contracting for school resource officers, which
2330 shall be in addition to the number of officers employed or
2331 contracted for in the 2017-2018 fiscal year.
2332 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
2333 assistance allocation is created to provide funding to assist
2334 school districts in establishing or expanding school-based
2335 mental health care. These funds shall be allocated annually in
2336 the General Appropriations Act or other law to each eligible
2337 school district. Each school district shall receive a minimum of
2338 $100,000 with the remaining balance allocated based on each
2339 school district’s proportionate share of the state’s total
2340 unweighted full-time equivalent student enrollment. Eligible
2341 charter schools are entitled to a proportionate share of
2342 district funding. At least 90 percent of a district’s allocation
2343 must be expended on the elements specified in subparagraphs
2344 (b)1. and 2. The allocated funds may not supplant funds that are
2345 provided for this purpose from other operating funds and may not
2346 be used to increase salaries or provide bonuses. School
2347 districts are encouraged to maximize third party health
2348 insurance benefits and Medicaid claiming for services, where
2349 appropriate.
2350 (a) Before the distribution of the allocation:
2351 1. The school district must develop and submit a detailed
2352 plan outlining the local program and planned expenditures to the
2353 district school board for approval.
2354 2. A charter school must develop and submit a detailed plan
2355 outlining the local program and planned expenditures to its
2356 governing body for approval. After the plan is approved by the
2357 governing body, it must be provided to the charter school’s
2358 sponsor.
2359 (b) The plans required under paragraph (a) must be focused
2360 on delivering evidence-based mental health care treatment to
2361 children and include the following elements:
2362 1. Provision of mental health assessment, diagnosis,
2363 intervention, treatment, and recovery services to students with
2364 one or more mental health or co-occurring substance abuse
2365 diagnoses and students at high risk of such diagnoses.
2366 2. Coordination of such services with a student’s primary
2367 care provider and with other mental health providers involved in
2368 the student’s care.
2369 3. Direct employment of such service providers, or a
2370 contract-based collaborative effort or partnership with one or
2371 more local community mental health programs, agencies, or
2372 providers.
2373 (c) School districts shall submit approved plans, including
2374 approved plans of each charter school in the district, to the
2375 commissioner by August 1 of each fiscal year.
2376 (d) Beginning September 30, 2019, and annually by September
2377 30 thereafter, each school district shall submit to the
2378 Department of Education a report on its program outcomes and
2379 expenditures for the previous fiscal year that, at a minimum,
2380 must include the number of each of the following:
2381 1. Students who receive screenings or assessments.
2382 2. Students who are referred for services or assistance.
2383 3. Students who receive services or assistance.
2384 4. Direct employment service providers employed by each
2385 school district.
2386 5. Contract-based collaborative efforts or partnerships
2387 with community mental health programs, agencies, or providers.
2388 Section 29. Section 1012.584, Florida Statutes, is created
2389 to read:
2390 1012.584 Continuing education and inservice training for
2391 youth mental health awareness and assistance.—
2392 (1) Beginning with the 2018-2019 school year, the
2393 Department of Education shall establish an evidence-based youth
2394 mental health awareness and assistance training program to help
2395 school personnel identify and understand the signs of emotional
2396 disturbance, mental illness, and substance use disorders and
2397 provide such personnel with the skills to help a person who is
2398 developing or experiencing an emotional disturbance, mental
2399 health, or substance use problem.
2400 (2) The Department of Education shall select a national
2401 authority on youth mental health awareness and assistance to
2402 facilitate providing youth mental health awareness and
2403 assistance training, using a trainer certification model, to all
2404 school personnel in elementary, middle, and high schools. Each
2405 school safety specialist shall earn, or designate one or more
2406 individuals to earn, certification as a youth mental health
2407 awareness and assistance trainer. The school safety specialist
2408 shall ensure that all school personnel within his or her school
2409 district receive youth mental health awareness and assistance
2410 training.
2411 (3) The training program shall include, but is not limited
2412 to:
2413 (a) An overview of mental illnesses and substance use
2414 disorders and the need to reduce the stigma of mental illness.
2415 (b) Information on the potential risk factors and warning
2416 signs of emotional disturbance, mental illness, or substance use
2417 disorders, including, but not limited to, depression, anxiety,
2418 psychosis, eating disorders, and self-injury, as well as common
2419 treatments for those conditions and how to assess those risks.
2420 (c) Information on how to engage at-risk students with the
2421 skills, resources, and knowledge required to assess the
2422 situation, and how to identify and encourage the student to use
2423 appropriate professional help and other support strategies,
2424 including, but not limited to, peer, social, or self-help care.
2425 (4) Each school district shall notify all school personnel
2426 who have received training pursuant to this section of mental
2427 health services that are available in the school district, and
2428 the individual to contact if a student needs services. The term
2429 “mental health services” includes, but is not limited to,
2430 community mental health services, health care providers, and
2431 services provided under ss. 1006.04 and 1011.62(17).
2432 Section 30. Subsection (6) of section 1013.64, Florida
2433 Statutes, is amended to read:
2434 1013.64 Funds for comprehensive educational plant needs;
2435 construction cost maximums for school district capital
2436 projects.—Allocations from the Public Education Capital Outlay
2437 and Debt Service Trust Fund to the various boards for capital
2438 outlay projects shall be determined as follows:
2439 (6)(a) Each district school board must meet all educational
2440 plant space needs of its elementary, middle, and high schools
2441 before spending funds from the Public Education Capital Outlay
2442 and Debt Service Trust Fund or the School District and Community
2443 College District Capital Outlay and Debt Service Trust Fund for
2444 any ancillary plant or any other new construction, renovation,
2445 or remodeling of ancillary space. Expenditures to meet such
2446 space needs may include expenditures for site acquisition; new
2447 construction of educational plants; renovation, remodeling, and
2448 maintenance and repair of existing educational plants, including
2449 auxiliary facilities; and the directly related costs of such
2450 services of school district personnel. It is not the intent of
2451 the Legislature to preclude the use of capital outlay funding
2452 for the labor costs necessary to accomplish the authorized uses
2453 for the capital outlay funding. Day-labor contracts or any other
2454 educational facilities contracting and construction techniques
2455 pursuant to s. 1013.45 are authorized. Additionally, if a school
2456 district has salaried maintenance staff whose duties consist
2457 solely of performing the labor necessary to accomplish the
2458 authorized uses for the capital outlay funding, such funding may
2459 be used for those salaries; however, if a school district has
2460 salaried staff whose duties consist partially of performing the
2461 labor necessary to accomplish the authorized uses for the
2462 capital outlay funding, the district shall prorate the portion
2463 of salary of each such employee that is based on labor for
2464 authorized capital outlay funding, and such funding may be used
2465 to pay that portion.
2466 (b)1. A district school board may not use funds from the
2467 following sources: Public Education Capital Outlay and Debt
2468 Service Trust Fund; School District and Community College
2469 District Capital Outlay and Debt Service Trust Fund; Classrooms
2470 First Program funds provided in s. 1013.68; nonvoted 1.5-mill
2471 levy of ad valorem property taxes provided in s. 1011.71(2);
2472 Classrooms for Kids Program funds provided in s. 1013.735;
2473 District Effort Recognition Program funds provided in s.
2474 1013.736; or High Growth District Capital Outlay Assistance
2475 Grant Program funds provided in s. 1013.738 for any new
2476 construction of educational plant space with a total cost per
2477 student station, including change orders, that equals more than:
2478 a. $17,952 for an elementary school,
2479 b. $19,386 for a middle school, or
2480 c. $25,181 for a high school,
2481
2482 (January 2006) as adjusted annually to reflect increases or
2483 decreases in the Consumer Price Index.
2484 2. School districts shall maintain accurate documentation
2485 related to the costs of all new construction of educational
2486 plant space reported to the Department of Education pursuant to
2487 paragraph (d). The Auditor General shall review the
2488 documentation maintained by the school districts and verify
2489 compliance with the limits under this paragraph during its
2490 scheduled operational audits of the school district. The
2491 department shall make the final determination on district
2492 compliance based on the recommendation of the Auditor General.
2493 3. The Office of Economic and Demographic Research, in
2494 consultation with the department, shall conduct a study of the
2495 cost per student station amounts using the most recent available
2496 information on construction costs. In this study, the costs per
2497 student station should represent the costs of classroom
2498 construction and administrative offices as well as the
2499 supplemental costs of core facilities, including required media
2500 centers, gymnasiums, music rooms, cafeterias and their
2501 associated kitchens and food service areas, vocational areas,
2502 and other defined specialty areas, including exceptional student
2503 education areas. The study must take into account appropriate
2504 cost-effectiveness factors in school construction and should
2505 include input from industry experts. The Office of Economic and
2506 Demographic Research must provide the results of the study and
2507 recommendations on the cost per student station to the Governor,
2508 the President of the Senate, and the Speaker of the House of
2509 Representatives no later than January 31, 2017.
2510 4. The Office of Program Policy Analysis and Government
2511 Accountability (OPPAGA) shall conduct a study of the State
2512 Requirements for Education Facilities (SREF) to identify current
2513 requirements that can be eliminated or modified in order to
2514 decrease the cost of construction of educational facilities
2515 while ensuring student safety. OPPAGA must provide the results
2516 of the study, and an overall recommendation as to whether SREF
2517 should be retained, to the Governor, the President of the
2518 Senate, and the Speaker of the House of Representatives no later
2519 than January 31, 2017.
2520 5. Effective July 1, 2017, in addition to the funding
2521 sources listed in subparagraph 1., a district school board may
2522 not use funds from any sources for new construction of
2523 educational plant space with a total cost per student station,
2524 including change orders, which equals more than the current
2525 adjusted amounts provided in sub-subparagraphs 1.a.-c. which
2526 shall subsequently be adjusted annually to reflect increases or
2527 decreases in the Consumer Price Index. However, if a contract
2528 has been executed for architectural and design services or for
2529 construction management services before July 1, 2017, a district
2530 school board may use funds from any source for the new
2531 construction of educational plant space and such funds are
2532 exempt from the total cost per student station requirements.
2533 6. A district school board must not use funds from the
2534 Public Education Capital Outlay and Debt Service Trust Fund or
2535 the School District and Community College District Capital
2536 Outlay and Debt Service Trust Fund for any new construction of
2537 an ancillary plant that exceeds 70 percent of the average cost
2538 per square foot of new construction for all schools.
2539 (c) Except as otherwise provided, new construction for
2540 which a contract has been executed for architectural and design
2541 services or for construction management services by a district
2542 school board on or after July 1, 2017, may not exceed the cost
2543 per student station as provided in paragraph (b). A school
2544 district that exceeds the cost per student station provided in
2545 paragraph (b), as determined by the Auditor General, shall be
2546 subject to sanctions. If the Auditor General determines that the
2547 cost per student station overage is de minimus or due to
2548 extraordinary circumstances outside the control of the district,
2549 the sanctions shall not apply. The sanctions are as follows:
2550 1. The school district shall be ineligible for allocations
2551 from the Public Education Capital Outlay and Debt Service Trust
2552 Fund for the next 3 years in which the school district would
2553 have received allocations had the violation not occurred.
2554 2. The school district shall be subject to the supervision
2555 of a district capital outlay oversight committee. The oversight
2556 committee is authorized to approve all capital outlay
2557 expenditures of the school district, including new construction,
2558 renovations, and remodeling, for 3 fiscal years following the
2559 violation.
2560 a. Each oversight committee shall be composed of the
2561 following:
2562 (I) One appointee of the Commissioner of Education who has
2563 significant financial management, school facilities
2564 construction, or related experience.
2565 (II) One appointee of the office of the state attorney with
2566 jurisdiction over the district.
2567 (III) One appointee of the Chief Financial Officer who is a
2568 licensed certified public accountant.
2569 b. An appointee to the oversight committee may not be
2570 employed by the school district; be a relative, as defined in s.
2571 1002.33(24)(a)2., of any school district employee; or be an
2572 elected official. Each appointee must sign an affidavit
2573 attesting to these conditions and affirming that no conflict of
2574 interest exists in his or her oversight role.
2575 (d) The department shall:
2576 1. Compute for each calendar year the statewide average
2577 construction costs for facilities serving each instructional
2578 level, for relocatable educational facilities, for
2579 administrative facilities, and for other ancillary and auxiliary
2580 facilities. The department shall compute the statewide average
2581 costs per student station for each instructional level.
2582 2. Annually review the actual completed construction costs
2583 of educational facilities in each school district. For any
2584 school district in which the total actual cost per student
2585 station, including change orders, exceeds the statewide limits
2586 established in paragraph (b), the school district shall report
2587 to the department the actual cost per student station and the
2588 reason for the school district’s inability to adhere to the
2589 limits established in paragraph (b). The department shall
2590 collect all such reports and shall provide these reports to the
2591 Auditor General for verification purposes.
2592
2593 Cost per student station includes contract costs, legal and
2594 administrative costs, fees of architects and engineers,
2595 furniture and equipment, and site improvement costs. Cost per
2596 student station does not include the cost of purchasing or
2597 leasing the site for the construction or the cost of related
2598 offsite improvements. Cost per student station also does not
2599 include the cost for securing entries, checkpoint construction,
2600 lighting specifically designed for entry point security,
2601 security cameras, automatic locks and locking devices,
2602 electronic security systems, fencing designed to prevent
2603 intruder entry into a building, bullet-proof glass, or other
2604 capital construction items approved by the school safety
2605 specialist to ensure building security for new educational,
2606 auxiliary, or ancillary facilities; costs for these items must
2607 be below 2 percent per student station.
2608 Section 31. For the purpose of incorporating the amendment
2609 made by this act to section 790.065, Florida Statutes, in a
2610 reference thereto, subsection (2) of section 397.6760, Florida
2611 Statutes, is reenacted to read:
2612 397.6760 Court records; confidentiality.—
2613 (2) This section does not preclude the clerk of the court
2614 from submitting the information required by s. 790.065 to the
2615 Department of Law Enforcement.
2616 Section 32. For the purpose of incorporating the amendment
2617 made by this act to section 790.065, Florida Statutes, in a
2618 reference thereto, paragraph (e) of subsection (3) of section
2619 790.335, Florida Statutes, is reenacted to read:
2620 790.335 Prohibition of registration of firearms; electronic
2621 records.—
2622 (3) EXCEPTIONS.—The provisions of this section shall not
2623 apply to:
2624 (e)1. Records kept pursuant to the recordkeeping provisions
2625 of s. 790.065; however, nothing in this section shall be
2626 construed to authorize the public release or inspection of
2627 records that are made confidential and exempt from the
2628 provisions of s. 119.07(1) by s. 790.065(4)(a).
2629 2. Nothing in this paragraph shall be construed to allow
2630 the maintaining of records containing the names of purchasers or
2631 transferees who receive unique approval numbers or the
2632 maintaining of records of firearm transactions.
2633 Section 33. For the purpose of incorporating the amendment
2634 made by this act to section 836.10, Florida Statutes, in a
2635 reference thereto, subsection (1) of section 794.056, Florida
2636 Statutes, is reenacted to read:
2637 794.056 Rape Crisis Program Trust Fund.—
2638 (1) The Rape Crisis Program Trust Fund is created within
2639 the Department of Health for the purpose of providing funds for
2640 rape crisis centers in this state. Trust fund moneys shall be
2641 used exclusively for the purpose of providing services for
2642 victims of sexual assault. Funds credited to the trust fund
2643 consist of those funds collected as an additional court
2644 assessment in each case in which a defendant pleads guilty or
2645 nolo contendere to, or is found guilty of, regardless of
2646 adjudication, an offense provided in s. 775.21(6) and (10)(a),
2647 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
2648 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
2649 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
2650 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
2651 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
2652 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
2653 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
2654 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
2655 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
2656 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
2657 fund also shall include revenues provided by law, moneys
2658 appropriated by the Legislature, and grants from public or
2659 private entities.
2660 Section 34. For the purpose of incorporating the amendment
2661 made by this act to section 836.10, Florida Statutes, in a
2662 reference thereto, section 938.085, Florida Statutes, is
2663 reenacted to read:
2664 938.085 Additional cost to fund rape crisis centers.—In
2665 addition to any sanction imposed when a person pleads guilty or
2666 nolo contendere to, or is found guilty of, regardless of
2667 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
2668 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
2669 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
2670 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
2671 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
2672 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
2673 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
2674 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
2675 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
2676 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
2677 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
2678 $151. Payment of the surcharge shall be a condition of
2679 probation, community control, or any other court-ordered
2680 supervision. The sum of $150 of the surcharge shall be deposited
2681 into the Rape Crisis Program Trust Fund established within the
2682 Department of Health by chapter 2003-140, Laws of Florida. The
2683 clerk of the court shall retain $1 of each surcharge that the
2684 clerk of the court collects as a service charge of the clerk’s
2685 office.
2686 Section 35. For the 2018-2019 fiscal year, the sum of $69,
2687 237,286 in recurring funds is appropriated from the General
2688 Revenue Fund to the Department of Education in the Aid to Local
2689 Governments Grants and Aids – Florida Education Finance Program
2690 to fund the mental health assistance allocation created pursuant
2691 to s. 1011.62(16), Florida Statutes.
2692 Section 36. For the 2018-2019 fiscal year, the sums of
2693 $500,000 in recurring funds and $6,200,000 in nonrecurring funds
2694 are appropriated from the General Revenue Fund to the Department
2695 of Education to implement the youth mental health awareness and
2696 assistance training as directed pursuant to s. 1012.584, Florida
2697 Statutes.
2698 Section 37. For the 2018-2019 fiscal year, the sum of $1
2699 million in nonrecurring funds is appropriated from the General
2700 Revenue Fund to the Department of Education for the design and
2701 construction of a memorial honoring those who lost their lives
2702 on February 14, 2018, at Marjory Stoneman Douglas High School in
2703 Broward County. The department shall collaborate with the
2704 students and faculty of Marjory Stoneman Douglas High School,
2705 the families of the victims, the Broward County School District,
2706 and other relevant entities of the Parkland community on the
2707 design and placement of the memorial.
2708 Section 38. For the 2018-2019 fiscal year, the sum of
2709 $25,262,714 in nonrecurring funds is appropriated from the
2710 General Revenue Fund to the Department of Education for the
2711 purpose of replacing Building 12, as listed in the Florida
2712 Inventory of School Houses, at Marjory Stoneman Douglas High
2713 School in Broward County.
2714 Section 39. For the 2018-2019 fiscal year, the sums of
2715 $500,000 in recurring funds and $67 million in nonrecurring
2716 funds are appropriated from the General Revenue Fund to the
2717 Department of Education to allocate to sheriffs’ offices who
2718 establish a school marshal program pursuant to s. 30.15, Florida
2719 Statutes. The funds shall be used for screening-related and
2720 training-related costs and providing a one-time stipend of $500
2721 to school marshals who participate in the school marshal
2722 program.
2723 Section 40. For the 2018-2019 fiscal year, three full-time
2724 equivalent positions, with associated salary rate of 150,000,
2725 are authorized, and the sum of $344,393 in recurring funds is
2726 appropriated from the General Revenue Fund to the Department of
2727 Education to fund the Office of Safe Schools created pursuant to
2728 s. 1001.212, Florida Statutes.
2729 Section 41. For the 2018-2019 fiscal year, the sum of
2730 $97,500,000 in recurring funds is appropriated from the General
2731 Revenue Fund to the Department of Education in the Aid to Local
2732 Governments Grants and Aids – Florida Education Finance Program
2733 category for the safe schools allocation. These funds are in
2734 addition to the safe schools allocation funds appropriated in
2735 the Florida Education Finance Program in the Fiscal Year 2018
2736 2019 General Appropriations Act. From these funds, $187,340
2737 shall be distributed to each school district and developmental
2738 research school to increase each school districts’ minimum
2739 amount to $250,000 when combined with the minimum amount
2740 appropriated in the 2018-2019 General Appropriations Act.
2741 Notwithstanding s. 1011.62(15), Florida Statutes, the balance of
2742 the funds appropriated in this section shall be distributed to
2743 school districts based on each district’s proportionate share of
2744 the state’s total unweighted full-time equivalent student
2745 enrollment. Each school district must use these funds
2746 exclusively for hiring or contracting for school resource
2747 officers pursuant to s. 1006.12, Florida Statutes.
2748 Section 42. For the 2018-2019 fiscal year, the sum of
2749 $100,000 in recurring funds is appropriated from the General
2750 Revenue Fund to the Department of Education to competitively
2751 procure the active shooter training component of the school
2752 safety specialist training program pursuant to s. 1001.212,
2753 Florida Statutes.
2754 Section 43. For the 2018-2019 fiscal year, the sum of
2755 $98,962,286 in nonrecurring funds is appropriated from the
2756 General Revenue Fund to the Department of Education to implement
2757 a grant program that will provide awards to schools to fund, in
2758 whole or in part, the fixed capital outlay costs associated with
2759 improving the physical security of school buildings as
2760 identified by a security risk assessment completed before August
2761 1, 2018, by a school district or charter school. By August 31,
2762 2018, the department shall submit the grant guidelines, which
2763 must include an application submission deadline of no later than
2764 December 1, 2018, and the specific evaluation criteria, to all
2765 school districts and charter schools. The department shall award
2766 grants no later than January 15, 2019, based upon the evaluation
2767 criteria set forth in the application guidelines.
2768 Section 44. For the 2018-2019 fiscal year, the sums of
2769 $300,000 in nonrecurring funds and $100,000 in recurring funds
2770 are appropriated from the General Revenue Fund to the Department
2771 of Law Enforcement to competitively procure proposals for the
2772 development or acquisition of the mobile suspicious activity
2773 reporting tool pursuant to s. 943.082, Florida Statutes. The
2774 tool shall be implemented no later than January 31, 2019.
2775 Section 45. For the 2018-2019 fiscal year, five full-time
2776 equivalent positions, with associated salary rate of 345,000,
2777 are authorized and the recurring sum of $600,000 and the
2778 nonrecurring sum of $50,000 are appropriated from the General
2779 Revenue Fund to the Department of Law Enforcement to fund the
2780 operations of the Marjory Stoneman Douglas High School Public
2781 Safety Commission.
2782 Section 46. For the 2018-2019 fiscal year, the sum of
2783 $9,800,000 in recurring funds is appropriated from the General
2784 Revenue Fund to the Department of Children and Families to
2785 competitively procure for additional community action treatment
2786 teams to ensure reasonable access among all counties. The
2787 department shall consider the geographic location of existing
2788 community action treatment teams and select providers to serve
2789 the areas of greatest need.
2790 Section 47. For the 2018-2019 fiscal year, the sums of
2791 $18,300,000 in recurring funds are appropriated from the General
2792 Revenue Fund to the Department of Children and Families to
2793 competitively procure proposals for additional mobile crisis
2794 teams to ensure reasonable access among all counties. The
2795 department shall consider the geographic location of existing
2796 mobile crisis teams and select providers to serve the areas of
2797 greatest need.
2798 Section 48. For the 2018-2019 fiscal year, the sums of
2799 $18,321 in recurring funds and $225,000 in nonrecurring funds
2800 are appropriated from the General Revenue Fund to the Department
2801 of Education in the Special Categories – Teacher and School
2802 Administrator Death Benefits category to provide for the
2803 benefits awarded pursuant to s. 112.1915, Florida Statutes, to
2804 the eligible recipients of the three Marjory Stoneman Douglas
2805 High School staff members who lost their lives on February 14,
2806 2018.
2807 Section 49. For the 2018-2019 fiscal year, the sum of $3
2808 million in recurring funds is appropriated from the General
2809 Revenue Fund to the Department of Education to competitively
2810 procure for the development or acquisition of the centralized
2811 data repository and analytics resources pursuant to s. 1001.212,
2812 Florida Statutes. The department shall collaborate with the
2813 Department of Law Enforcement and school districts to identify
2814 the requirements and functionality of the data repository and
2815 analytics resources and shall make such resources available to
2816 the school districts no later than December 1, 2018.
2817 Section 50. For the 2018-2019 fiscal year, the sum of $1
2818 million in nonrecurring funds is appropriated from the General
2819 Revenue Fund to the Department of Education to competitively
2820 procure a contract with a third-party security consultant with
2821 experience in conducting security risk assessments of public
2822 schools. Contract funds shall be used to review and analyze the
2823 department’s current security risk assessment tool known as the
2824 Florida Safe Schools Assessment Tool (FSSAT) and a sample of
2825 self-assessments conducted by school districts using the FSSAT
2826 to determine the effectiveness of the recommendations produced
2827 based upon the FSSAT. The review shall include any recommended
2828 updates and enhancements with associated costs for their
2829 implementation to aid districts in developing recommendations to
2830 address safety and security issues discovered by the FSSAT. The
2831 department shall submit the completed review to the State Board
2832 of Education, the Executive Office of the Governor’s Office of
2833 Policy and Budget, the chair of the Senate Committee on
2834 Appropriations, and the House of Representatives Appropriations
2835 Committee no later than January 1, 2019.
2836 Section 51. Except as otherwise expressly provided in this
2837 act, this act shall take effect upon becoming a law.
