Bill Text: FL S7030 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implementation of Legislative Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission
Spectrum: Committee Bill
Status: (Passed) 2019-05-09 - Chapter No. 2019-22 [S7030 Detail]
Download: Florida-2019-S7030-Comm_Sub.html
Bill Title: Implementation of Legislative Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission
Spectrum: Committee Bill
Status: (Passed) 2019-05-09 - Chapter No. 2019-22 [S7030 Detail]
Download: Florida-2019-S7030-Comm_Sub.html
Florida Senate - 2019 CS for SB 7030 By the Committees on Infrastructure and Security; and Education 596-03526-19 20197030c1 1 A bill to be entitled 2 An act relating to school safety and security; 3 amending s. 30.15, F.S.; requiring a sheriff to 4 establish a school guardian program under a certain 5 condition; removing the prohibition against classroom 6 teachers serving as school guardians; prohibiting 7 individuals from serving as school guardians unless 8 they are appointed by a superintendent; amending s. 9 843.08, F.S.; adding school guardians to the list of 10 officials the false personation of whom is prohibited 11 and subject to criminal penalties; making technical 12 changes; amending s. 943.082, F.S.; requiring school 13 districts to promote a mobile suspicious activity 14 reporting tool through specified mediums; amending s. 15 1001.10, F.S.; requiring the Commissioner of Education 16 to review recommendations from the School Hardening 17 and Harm Mitigation Workgroup; requiring the 18 commissioner to submit a summary to the Governor and 19 the Legislature by a specified date; providing 20 requirements for the summary; amending s. 1001.11, 21 F.S.; revising the duties of the commissioner to 22 include oversight of compliance with the safety and 23 security requirements of the Marjory Stoneman Douglas 24 High School Public Safety Act by specified persons and 25 entities; amending s. 1001.212, F.S.; requiring the 26 Office of Safe Schools to annually provide training 27 for specified personnel; requiring the office to 28 convene a School Hardening and Harm Mitigation 29 Workgroup; providing for membership and duties of the 30 workgroup; requiring the workgroup to submit a report 31 and recommendations to the commissioner; requiring the 32 office to provide technical assistance for school 33 safety incident reporting; requiring the office to 34 review and evaluate school district reports for 35 compliance; requiring a district school board to 36 withhold a superintendent’s salary in response to the 37 superintendent’s noncompliance; requiring the office 38 to develop a behavioral threat assessment instrument; 39 providing requirements for the instrument; requiring 40 the office to establish the Statewide Threat 41 Assessment Database Workgroup to make certain 42 recommendations relating to a statewide threat 43 assessment database; providing requirements for the 44 database; requiring the workgroup to report 45 recommendations to the office by a specified date; 46 providing requirements for such recommendations; 47 requiring the office to monitor school district and 48 public school, including charter schools, compliance 49 with requirements relating to school safety; requiring 50 the office to review and approve district school board 51 and charter school active assailant policies and 52 report deficiencies; amending s. 1002.33, F.S.; 53 requiring a charter school to comply with specified 54 provisions; amending s. 1006.04, F.S.; establishing 55 timeframes within which students with mental, 56 emotional, or behavioral disorders must be referred 57 for services; amending s. 1006.07, F.S.; requiring 58 that a school safety specialist be a school 59 administrator employed by the school district or a law 60 enforcement officer employed by the sheriff’s office 61 located in the school district; providing requirements 62 for a school safety specialist designated from a 63 sheriff’s office; providing that a school safety 64 specialist designated from a sheriff’s office remains 65 an employee of such office for certain purposes; 66 authorizing the sheriff and school superintendent to 67 determine by agreement the reimbursement of or sharing 68 of costs associated with employment of the law 69 enforcement officer as a school safety specialist; 70 requiring district school boards to adopt and submit 71 to the office an active assailant response policy; 72 requiring that the policy be recommended by the 73 district superintendent; requiring that any school 74 specific modifications to the policy be approved by 75 the district superintendents; requiring that certain 76 policies adopted by school districts include 77 procedures for behavioral threat assessments; 78 requiring threat assessment teams to utilize the 79 behavioral threat assessment instrument and the threat 80 assessment database developed by the office when they 81 become available; requiring district school boards to 82 adopt policies for accurate and timely reporting of 83 school environmental safety incidents; providing 84 penalties for noncompliance with such policies; 85 requiring the State Board of Education to adopt by 86 rule requirements for school environmental safety 87 incident reports; amending s. 1006.12, F.S.; requiring 88 a charter school governing board to partner with law 89 enforcement agencies to establish or assign a safe 90 school officer; expanding the categories of 91 individuals who may serve as school guardians; 92 amending s. 1006.1493, F.S.; requiring the Florida 93 Safe Schools Assessment Tool (FSSAT) to be the primary 94 site security assessment tool for school districts; 95 requiring the office to provide FSSAT training; 96 requiring the superintendent to certify FSSAT 97 assessments within a certain timeframe; providing 98 penalties for failure to comply with requirements; 99 deleting obsolete language; amending s. 1011.62, F.S.; 100 modifying the required use of funds in the safe 101 schools allocation; providing for retroactive 102 application; providing legislative intent; expanding, 103 as of a specified date, the categorical fund that may 104 be accessed to improve classroom instruction or 105 improve school safety; deleting obsolete language; 106 reenacting s. 921.0022(3)(b), F.S., relating to the 107 offense severity ranking chart of the Criminal 108 Punishment Code, to incorporate the amendment made to 109 s. 843.08, F.S., in a reference thereto; providing a 110 declaration of important state interest; providing an 111 effective date. 112 113 Be It Enacted by the Legislature of the State of Florida: 114 115 Section 1. Paragraph (k) of subsection (1) of section 116 30.15, Florida Statutes, is amended to read 117 30.15 Powers, duties, and obligations.— 118 (1) Sheriffs, in their respective counties, in person or by 119 deputy, shall: 120 (k) Establish, if the sheriff so chooses, a Coach Aaron 121 Feis Guardian Program to aid in the prevention or abatement of 122 active assailant incidents on school premises. However, if a 123 local school board has voted by a majority to implement such a 124 program, the sheriff in that county shall establish a program. A 125 school guardian may nothas no authority toact in any law 126 enforcement capacity except to the extent necessary to prevent 127 or abate an active assailant incident on a school premises. A 128Excluded from participating in the Coach Aaron Feis Guardian129Program are individuals who exclusively perform classroom duties130as classroom teachers as defined in s. 1012.01(2)(a). This131limitation does not apply to classroom teachers of a Junior132Reserve Officers’ Training Corps program, a current133servicemember, as defined in s. 250.01, or a current or former134law enforcement officer, as defined in s. 943.10(1), (6), or135(8).Thesheriff who establishes achooses to establishthe136 program shall certifyappointas school guardians, without the 137 power of arrest, school employees or contract employees, as 138 specified in s. 1006.12(3), whovolunteer and who: 139 1. Hold a valid license issued under s. 790.06. 140 2. Complete 132 total hours of comprehensive firearm safety 141 and proficiency training conducted by Criminal Justice Standards 142 and Training Commission-certified instructors, which must 143 include: 144 a. Eighty hours of firearms instruction based on the 145 Criminal Justice Standards and Training Commission’s Law 146 Enforcement Academy training model, which must include at least 147 10 percent but no more than 20 percent more rounds fired than 148 associated with academy training. Program participants must 149 achieve an 85 percent pass rate on the firearms training. 150 b. Sixteen hours of instruction in precision pistol. 151 c. Eight hours of discretionary shooting instruction using 152 state-of-the-art simulator exercises. 153 d. Eight hours of instruction in active shooter or 154 assailant scenarios. 155 e. Eight hours of instruction in defensive tactics. 156 f. Twelve hours of instruction in legal issues. 157 3. Pass a psychological evaluation administered by a 158 psychologist licensed under chapter 490 and designated by the 159 Department of Law Enforcement and submit the results of the 160 evaluation to the sheriff’s office. The Department of Law 161 Enforcement is authorized to provide the sheriff’s office with 162 mental health and substance abuse data for compliance with this 163 paragraph. 164 4. Submit to and pass an initial drug test and subsequent 165 random drug tests in accordance with the requirements of s. 166 112.0455 and the sheriff’s office. 167 5. Successfully complete ongoing training, weapon 168 inspection, and firearm qualification on at least an annual 169 basis. 170 6. Successfully complete at least 12 hours of a certified 171 nationally recognized diversity training program. 172 173 The sheriff shall issue a school guardian certificate to 174 individuals who meet the requirements of this paragraph and 175subparagraph 2. The sheriffshall maintain documentation of 176 weapon and equipment inspections, as well as the training, 177 certification, inspection, and qualification records of each 178 school guardian certifiedappointedby the sheriff. At a 179 superintendent’s discretion, any such certified school guardian 180 may be appointed to a school by its respective superintendent. 181 An individual may not serve as a school guardian in a school 182 unless he or she is appointed by the superintendent. 183 Section 2. Effective October 1, 2019, section 843.08, 184 Florida Statutes, is amended to read: 185 843.08 False personation.—A person who falsely assumes or 186 pretends to be a firefighter, a sheriff, an officer of the 187 Florida Highway Patrol, an officer of the Fish and Wildlife 188 Conservation Commission, a fire or arson investigator of the 189 Department of Financial Services, an officer of the Department 190 of Financial Services, an officer of the Department of 191 Corrections, a correctional probation officer, a deputy sheriff, 192 a state attorney or an assistant state attorney, a statewide 193 prosecutor or an assistant statewide prosecutor, a state 194 attorney investigator, a coroner, a police officer, a lottery 195 special agent or lottery investigator, a beverage enforcement 196 agent, a school guardian as described in s. 30.15(1)(k), a 197 security officer licensed under chapter 493or watchman,orany 198 member of the Florida Commission on Offender Review orandany 199 administrative aide or supervisor employed by the commission,or200 any personnel or representative of the Department of Law 201 Enforcement, or a federal law enforcement officer as defined in 202 s. 901.1505, and takes upon himself or herself to act as such, 203 or to require any other person to aid or assist him or her in a 204 matter pertaining to the duty of any such officer, commits a 205 felony of the third degree, punishable as provided in s. 206 775.082, s. 775.083, or s. 775.084. However, a person who 207 falsely personates any such officer during the course of the 208 commission of a felony commits a felony of the second degree, 209 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 210 If the commission of the felony results in the death or personal 211 injury of another human being, the person commits a felony of 212 the first degree, punishable as provided in s. 775.082, s. 213 775.083, or s. 775.084.The term “watchman” means a security214officer licensed under chapter 493.215 Section 3. Subsection (4) of section 943.082, Florida 216 Statutes, is amended to read: 217 943.082 School Safety Awareness Program.— 218 (4)(a) Law enforcement dispatch centers, school districts, 219 schools, and other entities identified by the department must 220shallbe made aware of the mobile suspicious activity reporting 221 tool. 222 (b) The district school board shall promote the use of the 223 mobile suspicious activity reporting tool by advertising it on 224 the school district website, in newsletters, on school campuses, 225 and in school publications and by installing it on all computer 226 devices issued to students. 227 Section 4. Subsection (9) is added to section 1001.10, 228 Florida Statutes, to read: 229 1001.10 Commissioner of Education; general powers and 230 duties.— 231 (9) The commissioner shall review the report of the School 232 Hardening and Harm Mitigation Workgroup regarding hardening and 233 harm mitigation strategies and recommendations submitted by the 234 Office of Safe Schools, pursuant to s. 1001.212(12). By 235 September 1, 2019, the commissioner shall submit a summary of 236 such recommendations to the Governor, the President of the 237 Senate, and the Speaker of the House of Representatives. At a 238 minimum, the summary must include policy and funding 239 enhancements and the estimated costs of and timeframes for 240 implementation of the campus hardening and harm mitigation 241 strategies recommended by the workgroup. 242 Section 5. Subsection (9) of section 1001.11, Florida 243 Statutes, is added to read: 244 1001.11 Commissioner of Education; other duties.— 245 (9) The commissioner shall oversee compliance with the 246 safety and security requirements of the Marjory Stoneman Douglas 247 High School Public Safety Act, chapter 2018-03, Laws of Florida, 248 by school districts; district school superintendents; public 249 schools, including charter schools; and regional and state 250 entities. The commissioner must facilitate compliance to the 251 maximum extent provided under law, identify incidents of 252 noncompliance, and impose or recommend to the State Board of 253 Education, the Governor, or the Legislature enforcement and 254 sanctioning actions pursuant to s. 1008.32 and other authority 255 granted under law. 256 Section 6. Subsection (1) is amended, and subsections (12) 257 through (17) are added to section 1001.212, Florida Statutes, to 258 read: 259 1001.212 Office of Safe Schools.—There is created in the 260 Department of Education the Office of Safe Schools. The office 261 is fully accountable to the Commissioner of Education. The 262 office shall serve as a central repository for best practices, 263 training standards, and compliance oversight in all matters 264 regarding school safety and security, including prevention 265 efforts, intervention efforts, and emergency preparedness 266 planning. The office shall: 267 (1) Establish and update as necessary a school security 268 risk assessment tool for use by school districts pursuant to s. 269 1006.07(6). The office shall make the security risk assessment 270 tool available for use by charter schools. The office shall 271 provide annual training to appropriate school district and 272 charter school personnel on the proper assessment of physical 273 site security and completion of the school security risk 274 assessment tool. 275 (12)(a) Convene a School Hardening and Harm Mitigation 276 Workgroup comprised of individuals with subject matter expertise 277 on school campus hardening best practices. The workgroup shall 278 meet as necessary to review school hardening and harm mitigation 279 policies including, but not limited to, the target hardening 280 practices implemented in other states; the school safety 281 guidelines developed by organizations such as the Partner 282 Alliance for Safer Schools; the tiered approach to target campus 283 hardening strategies identified in the initial report submitted 284 by the Marjory Stoneman Douglas High School Public Safety 285 Commission pursuant to s. 943.687(9); and the Florida Building 286 Code for educational facilities construction to determine 287 whether the building code may need to be modified to strengthen 288 school safety and security. Based on this review of school 289 safety best practices, by August 1, 2019, the workgroup shall 290 submit a report to the executive director of the office, which 291 includes, at a minimum: 292 1. A prioritized list for the implementation of school 293 campus hardening and harm mitigation strategies and the 294 estimated costs of and timeframes for implementation of the 295 strategies by school districts and charter schools. The 296 estimated costs must include regional and statewide projections 297 of the implementation costs. 298 2. Recommendations for policy and funding enhancements to 299 strengthen school safety and security. 300 (b) Submit to the commissioner: 301 1. The workgroup’s report pursuant to paragraph (a); and 302 2. Recommendations regarding procedures for the office to 303 use to monitor and enforce compliance by the school districts 304 and charter schools in the implementation of the workgroup’s 305 recommended campus hardening and harm mitigation strategies. 306 (13) Provide technical assistance to school districts and 307 charter school governing boards for school environmental safety 308 incident reporting as required under s. 1006.07(9). The office 309 shall review and evaluate school district reports to ensure 310 compliance with reporting requirements. Upon notification by the 311 department that a superintendent has failed to comply with the 312 requirements of s. 1006.07(9), the district school board shall 313 withhold further payment of his or her salary as authorized 314 under s. 1001.42(13)(b) and impose other appropriate sanctions 315 that the commissioner or state board by law may impose. 316 (14) By August 1, 2019, develop a standardized, statewide 317 behavioral threat assessment instrument for use by all public 318 schools, including charter schools, which addresses early 319 identification, evaluation, early intervention, and student 320 support. 321 (a) The standardized, statewide behavioral threat 322 assessment instrument must include, but need not be limited to, 323 components and forms that address: 324 1. An assessment of the threat, which includes an 325 assessment of the student, family, and school and social 326 dynamics. 327 2. An evaluation to determine if the threat is transient or 328 substantive. 329 3. The response to a substantive threat, which includes the 330 school response and the role of law enforcement agencies. 331 4. The response to a serious substantive threat, including 332 mental health and law enforcement referrals. 333 5. Ongoing monitoring to assess implementation of safety 334 strategies. 335 6. Training for members of threat assessment teams 336 established under s. 1006.07(7) and school administrators 337 regarding the use of the instrument. 338 (b) The office shall: 339 1. By August 1, 2020, evaluate each school district’s 340 behavioral threat assessment procedures for compliance with this 341 subsection. 342 2. Notify the district school superintendent if the school 343 district behavioral threat assessment is not in compliance with 344 this subsection. 345 3. Report any issues of ongoing noncompliance with this 346 subsection to the district school superintendent, commissioner, 347 and state board. 348 (15) Establish the Statewide Threat Assessment Database 349 Workgroup, comprised of members appointed by the department, to 350 make recommendations regarding the development of a statewide 351 threat assessment database. The database must allow authorized 352 public school personnel to enter information related to any 353 threat assessment conducted at their respective schools using 354 the instrument developed by the office pursuant to subsection 355 (14), and must provide such information to authorized personnel 356 in each school district and public school and to appropriate 357 stakeholders. By December 31, 2019, the workgroup shall provide 358 a report to the office with recommendations that include, but 359 need not be limited to: 360 (a) Threat assessment data that should be required to be 361 entered into the database. 362 (b) School district and public school personnel who should 363 be allowed to input student records to the database and view 364 such records. 365 (c) Database design and functionality, to include data 366 security. 367 (d) Restrictions and authorities on information sharing, 368 including: 369 1. Section 1002.22 and other applicable state laws. 370 2. The Family Educational Rights and Privacy Act (FERPA), 371 20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance 372 Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6, 373 45 C.F.R. part 164, subpart E; and other applicable federal 374 laws. 375 3. The appropriateness of interagency agreements that will 376 allow law enforcement to view database records. 377 (e) The cost to develop and maintain a statewide online 378 database. 379 (f) An implementation plan and timeline for the workgroup 380 recommendations. 381 (16) Monitor compliance with requirements relating to 382 school safety by school districts and public schools, including 383 charter schools. The office shall report incidents of 384 noncompliance to the commissioner pursuant to 1001.11(9) and the 385 state board pursuant to s. 1008.32 and other requirements of 386 law, as appropriate. 387 (17) Review and approve each district school board’s and 388 charter school governing board’s active assailant response 389 policy submitted pursuant to ss. 1006.07(6)(c) and 390 1002.33(16)(b). The office shall report any policy deficiencies 391 or issues of noncompliance to the commissioner pursuant to 392 1001.11(9) and the state board pursuant to s. 1008.32 and other 393 requirements of law, as appropriate. 394 Section 7. Paragraph (b) of subsection (16) of section 395 1002.33, Florida Statutes, is amended, to read: 396 1002.33 Charter schools.— 397 (16) EXEMPTION FROM STATUTES.— 398 (b) Additionally, a charter school shall be in compliance 399 with the following statutes: 400 1. Section 286.011, relating to public meetings and 401 records, public inspection, and criminal and civil penalties. 402 2. Chapter 119, relating to public records. 403 3. Section 1003.03, relating to the maximum class size, 404 except that the calculation for compliance pursuant to s. 405 1003.03 shall be the average at the school level. 406 4. Section 1012.22(1)(c), relating to compensation and 407 salary schedules. 408 5. Section 1012.33(5), relating to workforce reductions. 409 6. Section 1012.335, relating to contracts with 410 instructional personnel hired on or after July 1, 2011. 411 7. Section 1012.34, relating to the substantive 412 requirements for performance evaluations for instructional 413 personnel and school administrators. 414 8. Section 1006.12, relating to safe-school officers. 415 9. Section 1006.07(7), relating to threat assessment teams. 416 10. Section 1006.07(9), relating to School Environmental 417 Safety Incident Reporting. 418 11. Section 1006.1493, relating to Florida Safe School 419 Assessment Tool. 420 12. Section 1006.07(6)(c), relating to adopting an active 421 assailant response policy. 422 13. Section 943.082(4)(b), relating to the mobile 423 suspicious activity reporting tool. 424 14. Section 1012.584, relating to youth mental health 425 awareness and assistance training. 426 Section 8. Paragraph (c) of subsection (1) of section 427 1006.04, Florida Statutes, is amended to read: 428 1006.04 Educational multiagency services for students with 429 severe emotional disturbance.— 430 (1) 431 (c) The multiagency network shall: 432 1. Support and represent the needs of students in each 433 school district in joint planning with fiscal agents of 434 children’s mental health funds, including the expansion of 435 school-based mental health services, transition services, and 436 integrated education and treatment programs. 437 2. Improve coordination of services for children with or at 438 risk of emotional or behavioral disabilities and their families: 439 a. By assisting multi-agency collaborative initiatives to 440 identify critical issues and barriers of mutual concern and 441 develop local response systems that increase home and school 442 connections and family engagement. 443 b. To provide that children who are referred for an 444 evaluation or screening to determine eligibility for services 445 receive the appropriate evaluation or screening within 45 days 446 after the referral. Students who are eligible for services, and 447 their families, must be provided a referral for the appropriate 448 services within 30 days after completion of the evaluation or 449 screening. 450 3. Increase parent and youth involvement and development 451 with local systems of care. 452 4. Facilitate student and family access to effective 453 services and programs for students with and at risk of emotional 454 or behavioral disabilities that include necessary educational, 455 residential, and mental health treatment services, enabling 456 these students to learn appropriate behaviors, reduce 457 dependency, and fully participate in all aspects of school and 458 community living. 459 Section 9. Subsection (6) and subsection (7) of section 460 1006.07, Florida Statutes, are amended, and subsection (9) is 461 added to that section, to read: 462 1006.07 District school board duties relating to student 463 discipline and school safety.—The district school board shall 464 provide for the proper accounting for all students, for the 465 attendance and control of students at school, and for proper 466 attention to health, safety, and other matters relating to the 467 welfare of students, including: 468 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district 469 school superintendent shall establish policies and procedures 470 for the prevention of violence on school grounds, including the 471 assessment of and intervention with individuals whose behavior 472 poses a threat to the safety of the school community. 473 (a) Each district school superintendent shall designatea474school administrator asa school safety specialist for the 475 district. The school safety specialist must be a school 476 administrator employed by the school district or a law 477 enforcement officer employed by the sheriff’s office located in 478 the school district. Any school safety specialist designated 479 from the sheriff’s office must first be authorized and approved 480 by the sheriff employing the law enforcement officer. Any school 481 safety specialist designated from the sheriff’s office remains 482 the employee of the office for purposes of compensation, 483 insurance, workers’ compensation, and other benefits authorized 484 by law for a law enforcement officer employed by the sheriff’s 485 office. The sheriff and the school superintendent may determine 486 by agreement the reimbursement for such costs, or may share the 487 costs, associated with employment of the law enforcement officer 488 as a school safety specialist. The school safety specialist must 489 earn a certificate of completion of the school safety specialist 490 training provided by the Office of Safe Schools within 1 year 491 after appointment and is responsible for the supervision and 492 oversight for all school safety and security personnel, 493 policies, and procedures in the school district. The school 494 safety specialist shall: 495 1. Review policies and procedures for compliance with state 496 law and rules. 497 2. Provide the necessary training and resources to students 498 and school district staff in matters relating to youth mental 499 health awareness and assistance; emergency procedures, including 500 active shooter training; and school safety and security. 501 3. Serve as the school district liaison with local public 502 safety agencies and national, state, and community agencies and 503 organizations in matters of school safety and security. 504 4. Conduct a school security risk assessment in accordance 505 with s. 1006.1493 at each public school using the school 506 security risk assessment tool developed by the Office of Safe 507 Schools. Based on the assessment findings, the district’s school 508 safety specialist shall provide recommendations to the district 509 school board which identify strategies and activities that the 510 district school board should implement in order to improve 511 school safety and security. Annually, each district school board 512 must receive such findings and the school safety specialist’s 513 recommendations at a publicly noticed district school board 514 meeting to provide the public an opportunity to hear the 515 district school board members discuss and take action on the 516 findings and recommendations. Each school safety specialist 517 shall report such findings and school board action to the Office 518 of Safe Schools within 30 days after the district school board 519 meeting. 520 (b) Each school safety specialist shall coordinate with the 521 appropriate public safety agencies, as defined in s. 365.171, 522 that are designated as first responders to a school’s campus to 523 conduct a tour of such campus once every 3 years and provide 524 recommendations related to school safety. The recommendations by 525 the public safety agencies must be considered as part of the 526 recommendations by the school safety specialist pursuant to 527 paragraph (a). 528 (c) Each district school board must adopt a well-developed, 529 written, distributed, and trained upon active assailant response 530 policy, which must be recommended by the district 531 superintendent. The superintendent must approve any school 532 specific modifications to the district policy. Each district 533 school board’s active assailant response policy, including 534 school-specific modifications, must be submitted to the Office 535 of Safe Schools for approval pursuant to s. 1001.212(17) by 536 August 1, 2019. 537 (7) THREAT ASSESSMENT TEAMS.—Each district school board 538 shall adopt policies for the establishment of threat assessment 539 teams at each school whose duties include the coordination of 540 resources and assessment and intervention with individuals whose 541 behavior may pose a threat to the safety of school staff or 542 students consistent with the model policies developed by the 543 Office of Safe Schools. Such policies mustshallinclude 544 procedures for referrals to mental health services identified by 545 the school district pursuant to s. 1012.584(4), when 546 appropriate, and procedures for behavioral threat assessments in 547 compliance with the instrument developed pursuant to s. 548 1001.212(14). 549 (a) A threat assessment team shall include persons with 550 expertise in counseling, instruction, school administration, and 551 law enforcement. The threat assessment teams shall identify 552 members of the school community to whom threatening behavior 553 should be reported and provide guidance to students, faculty, 554 and staff regarding recognition of threatening or aberrant 555 behavior that may represent a threat to the community, school, 556 or self. Upon the availability of the behavioral threat 557 assessment instrument developed pursuant to s. 1001.212(14), the 558 threat assessment team shall use that instrument. 559 (b) Upon a preliminary determination that a student poses a 560 threat of violence or physical harm to himself or herself or 561 others, a threat assessment team shall immediately report its 562 determination to the superintendent or his or her designee. The 563 superintendent or his or her designee shall immediately attempt 564 to notify the student’s parent or legal guardian. Nothing in 565 this subsection shall preclude school district personnel from 566 acting immediately to address an imminent threat. 567 (c) Upon a preliminary determination by the threat 568 assessment team that a student poses a threat of violence to 569 himself or herself or others or exhibits significantly 570 disruptive behavior or need for assistance, the threat 571 assessment team may obtain criminal history record information, 572 as provided in s. 985.047. A member of a threat assessment team 573 may not disclose any criminal history record information 574 obtained pursuant to this section or otherwise use any record of 575 an individual beyond the purpose for which such disclosure was 576 made to the threat assessment team. 577 (d) Notwithstanding any other provision of law, all state 578 and local agencies and programs that provide services to 579 students experiencing or at risk of an emotional disturbance or 580 a mental illness, including the school districts, school 581 personnel, state and local law enforcement agencies, the 582 Department of Juvenile Justice, the Department of Children and 583 Families, the Department of Health, the Agency for Health Care 584 Administration, the Agency for Persons with Disabilities, the 585 Department of Education, the Statewide Guardian Ad Litem Office, 586 and any service or support provider contracting with such 587 agencies, may share with each other records or information that 588 are confidential or exempt from disclosure under chapter 119 if 589 the records or information are reasonably necessary to ensure 590 access to appropriate services for the student or to ensure the 591 safety of the student or others. All such state and local 592 agencies and programs shall communicate, collaborate, and 593 coordinate efforts to serve such students. 594 (e) If an immediate mental health or substance abuse crisis 595 is suspected, school personnel shall follow policies established 596 by the threat assessment team to engage behavioral health crisis 597 resources. Behavioral health crisis resources, including, but 598 not limited to, mobile crisis teams and school resource officers 599 trained in crisis intervention, shall provide emergency 600 intervention and assessment, make recommendations, and refer the 601 student for appropriate services. Onsite school personnel shall 602 report all such situations and actions taken to the threat 603 assessment team, which shall contact the other agencies involved 604 with the student and any known service providers to share 605 information and coordinate any necessary followup actions. 606 (f) Each threat assessment team established pursuant to 607 this subsection shall report quantitative data on its activities 608 to the Office of Safe Schools in accordance with guidance from 609 the office and shall utilize the threat assessment database 610 developed pursuant to s. 1001.212(15) upon the availability of 611 the database. 612 (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each 613 district school board shall adopt policies to ensure the 614 accurate and timely reporting of incidents related to school 615 safety and discipline. The district school superintendent is 616 responsible for school environmental safety incident reporting. 617 A district school superintendent who fails to comply with this 618 subsection is subject to the penalties specified in law, 619 including, but not limited to, s. 1001.42(13)(b) or s. 620 1001.51(12)(b), as applicable. The State Board of Education 621 shall adopt rules establishing the requirements for the school 622 environmental safety incident report. 623 Section 10. Section 1006.12, Florida Statutes, is amended 624 to read: 625 1006.12 Safe-school officers at each public school.—For the 626 protection and safety of school personnel, property, students, 627 and visitors, each district school board,andschool district 628 superintendent, and charter school governing board, as 629 applicable, shall partner with law enforcement agencies to 630 establish or assign one or more safe-school officers at each 631 school facility within the district by implementing any 632 combination of the following options which best meets the needs 633 of the school district: 634 (1) Establish school resource officer programs, through a 635 cooperative agreement with law enforcement agencies. 636 (a) School resource officers shall undergo criminal 637 background checks, drug testing, and a psychological evaluation 638 and be certified law enforcement officers, as defined in s. 639 943.10(1), who are employed by a law enforcement agency as 640 defined in s. 943.10(4). The powers and duties of a law 641 enforcement officer shall continue throughout the employee’s 642 tenure as a school resource officer. 643 (b) School resource officers shall abide by district school 644 board policies and shall consult with and coordinate activities 645 through the school principal, but shall be responsible to the 646 law enforcement agency in all matters relating to employment, 647 subject to agreements between a district school board and a law 648 enforcement agency. Activities conducted by the school resource 649 officer which are part of the regular instructional program of 650 the school shall be under the direction of the school principal. 651 (c) Complete mental health crisis intervention training 652 using a curriculum developed by a national organization with 653 expertise in mental health crisis intervention. The training 654 shall improve officers’ knowledge and skills as first responders 655 to incidents involving students with emotional disturbance or 656 mental illness, including de-escalation skills to ensure student 657 and officer safety. 658 (2) Commission one or more school safety officers for the 659 protection and safety of school personnel, property, and 660 students within the school district. The district school 661 superintendent may recommend, and the district school board may 662 appoint, one or more school safety officers. 663 (a) School safety officers shall undergo criminal 664 background checks, drug testing, and a psychological evaluation 665 and be law enforcement officers, as defined in s. 943.10(1), 666 certified under the provisions of chapter 943 and employed by 667 either a law enforcement agency or by the district school board. 668 If the officer is employed by the district school board, the 669 district school board is the employing agency for purposes of 670 chapter 943, and must comply with the provisions of that 671 chapter. 672 (b) A school safety officer has and shall exercise the 673 power to make arrests for violations of law on district school 674 board property and to arrest persons, whether on or off such 675 property, who violate any law on such property under the same 676 conditions that deputy sheriffs are authorized to make arrests. 677 A school safety officer has the authority to carry weapons when 678 performing his or her official duties. 679 (c) A district school board may enter into mutual aid 680 agreements with one or more law enforcement agencies as provided 681 in chapter 23. A school safety officer’s salary may be paid 682 jointly by the district school board and the law enforcement 683 agency, as mutually agreed to. 684 (3) At the school district’s, or charter school governing 685 board’s, discretion, participate in the Coach Aaron Feis 686 Guardian Programif such program is established pursuant to s.68730.15,to meet the requirement of establishing a safe-school 688 officer. The following individuals may serve as a school 689 guardian upon satisfactory completion of the requirements under 690 s. 30.15(1)(k) and certification by a sheriff: 691 (a) A school district employee or personnel, as defined 692 under s. 1012.01, or a charter school employee, as provided 693 under s. 1002.33(12)(a), who volunteers to serve as a school 694 guardian in addition to his or her official job duties; 695 (b) An employee of a school district or a charter school 696 who is hired for the specific purpose of serving as a school 697 guardian; or 698 (c) A contract employee licensed under s. 493.6301 who 699 works in the school district or for a charter school through a 700 contract with a security agency as that term is defined in s. 701 493.6101(18). Contract employees may receive school guardian 702 training through a participating sheriff’s office contingent 703 upon defined financial or service obligations by the security 704 agency enumerated in the contract between the school district or 705 the charter school governing board, as appropriate, and the 706 security agency. 707 (4) Any information that would identify whether a 708 particular individual has been appointed as a safe-school 709 officer pursuant to this section held by a law enforcement 710 agency, school district, or charter school is exempt from s. 711 119.07(1) and s. 24(a), Art. I of the State Constitution. This 712 subsection is subject to the Open Government Sunset Review Act 713 in accordance with s. 119.15 and shall stand repealed on October 714 2, 2023, unless reviewed and saved from repeal through 715 reenactment by the Legislature. 716 Section 11. Section 1006.1493, Florida Statutes, is amended 717 to read: 718 1006.1493 Florida Safe Schools Assessment Tool.— 719 (1) The department, through the Office of Safe Schools 720 pursuant s. 1001.212, shall contract with a security consulting 721 firm that specializes in the development of risk assessment 722 software solutions and has experience in conducting security 723 assessments of public facilities to develop, update, and 724 implement a risk assessment tool, which shall be known as the 725 Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be 726 the primary physical site security assessment tool as revised 727 and required by the Office of Safe Schools that is used by 728 school officials at each school district and public school site 729 in the state in conducting security assessmentsfor use by730school officials at each school district and public school site731in the state. 732 (2) The FSSAT must help school officials identify threats, 733 vulnerabilities, and appropriate safety controls for the schools 734 that they supervise, pursuant to the security risk assessment 735 requirements of s. 1006.07(6). 736 (a) At a minimum, the FSSAT must address all of the 737 following components: 738 1. School emergency and crisis preparedness planning; 739 2. Security, crime, and violence prevention policies and 740 procedures; 741 3. Physical security measures; 742 4. Professional development training needs; 743 5. An examination of support service roles in school 744 safety, security, and emergency planning; 745 6. School security and school police staffing, operational 746 practices, and related services; 747 7. School and community collaboration on school safety; and 748 8. A return on investment analysis of the recommended 749 physical security controls. 750 (b) The department shall require by contract that the 751 security consulting firm: 752 1. Generate written automated reports on assessment 753 findings for review by the department and school and district 754 officials; 755 2. Provide training to the department and school officials 756 in the use of the FSSAT and other areas of importance identified 757 by the department; and 758 3. Advise in the development and implementation of 759 templates, formats, guidance, and other resources necessary to 760 facilitate the implementation of this section at state, 761 district, school, and local levels. 762 (3) The Office of Safe Schools must provide annual training 763 to each district’s school safety specialist and other 764 appropriate school district personnel on the assessment of 765 physical site security and completing the FSSAT. 766 (4) Each district school superintendent, by August 1 of 767 each year, shall submit an FSSAT assessment to the department 768 for each school site. Each school-specific assessment must be 769 approved by the district superintendent or his or her designee, 770 who must be the district’s school safety specialist or a deputy 771 superintendent or assistant superintendent. Any superintendent 772 who fails to comply with the requirements of this subsection is 773 subject to penalties under s. 1001.51(12)(b) and other sanctions 774 that may be applied by the commissioner or state board. 775 (5) By December 1 of each year,By December 1, 2018, and776annually by that date thereafter,the department shallmust777 report to the Governor, the President of the Senate, and the 778 Speaker of the House of Representatives on the status of 779 implementation across school districts and schools. The report 780 must include a summary of the positive school safety measures in 781 place at the time of the assessment and any recommendations for 782 policy changes or funding needed to facilitate continued school 783 safety planning, improvement, and response at the state, 784 district, or school levels. 785 (6)(4)In accordance with ss. 119.071(3)(a) and 281.301, 786 data and information related to security risk assessments 787 administered pursuant to this section and s. 1006.07(6) and the 788 security information contained in the annual report required 789 pursuant to subsection (3) are confidential and exempt from 790 public records requirements. 791 Section 12. Subsection (15) of section 1011.62, Florida 792 Statutes, is amended to read: 793 1011.62 Funds for operation of schools.—If the annual 794 allocation from the Florida Education Finance Program to each 795 district for operation of schools is not determined in the 796 annual appropriations act or the substantive bill implementing 797 the annual appropriations act, it shall be determined as 798 follows: 799 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is 800 created to provide funding to assist school districts in their 801 compliance with s. 1006.07, with priority given to implementing 802 the district’s school resource officer program pursuant to s. 803 1006.12. Each school district shall receive a minimum safe 804 schools allocation in an amount provided in the General 805 Appropriations Act. Of the remaining balance of the safe schools 806 allocation, two-thirds shall be allocated to school districts 807 based on the most recent official Florida Crime Index provided 808 by the Department of Law Enforcement and one-third shall be 809 allocated based on each school district’s proportionate share of 810 the state’s total unweighted full-time equivalent student 811 enrollment. Any additional funds appropriated to this allocation 812 in the 2018-2019 fiscal year mustto the school resource officer813program established pursuant to s. 1006.12shallbe used 814 exclusively for employing or contracting for safe-school 815resourceofficers, established or assigned under s. 1006.12 816which shall be in addition to the number of officers employed or817contracted for in the 2017-2018 fiscal year. This subsection 818 applies retroactively to July 1, 2018. The amendments to this 819 subsection are intended to be clarifying and remedial in nature. 820 Section 13. Effective July 1, 2019, paragraph (b) of 821 subsection (6) of section 1011.62, Florida Statutes, and 822 subsection (15) of that section, as amended by this act, are 823 amended to read: 824 1011.62 Funds for operation of schools.—If the annual 825 allocation from the Florida Education Finance Program to each 826 district for operation of schools is not determined in the 827 annual appropriations act or the substantive bill implementing 828 the annual appropriations act, it shall be determined as 829 follows: 830 (6) CATEGORICAL FUNDS.— 831 (b) If a district school board finds and declares in a 832 resolution adopted at a regular meeting of the school board that 833 the funds received for any of the following categorical 834 appropriations are urgently needed to maintain school board 835 specified academic classroom instruction or improve school 836 safety, the school board may consider and approve an amendment 837 to the school district operating budget transferring the 838 identified amount of the categorical funds to the appropriate 839 account for expenditure: 840 1. Funds for student transportation. 841 2. Funds for research-based reading instruction if the 842 required additional hour of instruction beyond the normal school 843 day for each day of the entire school year has been provided for 844 the students in each low-performing elementary school in the 845 district pursuant to paragraph (9)(a). 846 3. Funds for instructional materials if all instructional 847 material purchases necessary to provide updated materials that 848 are aligned with applicable state standards and course 849 descriptions and that meet statutory requirements of content and 850 learning have been completed for that fiscal year, but no sooner 851 than March 1. Funds available after March 1 may be used to 852 purchase hardware for student instruction. 853 4. Funds for the guaranteed allocation as provided in 854 subparagraph (1)(e)2. 855 5. Funds for the supplemental academic instruction 856 allocation as provided in paragraph (1)(f). 857 6. Funds for Florida digital classrooms allocation as 858 provided in subsection (12). 859 7. Funds for the federally connected student supplement as 860 provided in subsection (13). 861 8. Funds for class size reduction as provided in s. 862 1011.685. 863 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is 864 created to provide funding to assist school districts in their 865 compliance with s. 1006.07, with priority given to implementing 866 the district’s school resource officer program pursuant to s. 867 1006.12. Each school district shall receive a minimum safe 868 schools allocation in an amount provided in the General 869 Appropriations Act. Of the remaining balance of the safe schools 870 allocation, one-thirdtwo-thirdsshall be allocated to school 871 districts based on the most recent official Florida Crime Index 872 provided by the Department of Law Enforcement and two-thirds 873one-thirdshall be allocated based on each school district’s 874 proportionate share of the state’s total unweighted full-time 875 equivalent student enrollment.Any additional funds appropriated876to this allocation in the 2018-2019 fiscal yearmustbe used877exclusively for employing or contracting forsafe-school878officers, established or assigned under s. 1006.12. This879subsection applies retroactively toJuly 1, 2018.The amendments880to this subsection are intended to be clarifying and remedial in881nature.882 Section 14. For the purpose of incorporating the amendment 883 made by this act to section 843.08, Florida Statutes, in a 884 reference thereto, paragraph (b) of subsection (3) of section 885 921.0022, Florida Statutes, is reenacted to read: 886 921.0022 Criminal Punishment Code; offense severity ranking 887 chart.— 888 (3) OFFENSE SEVERITY RANKING CHART 889 (b) LEVEL 2 890 891 FloridaStatute FelonyDegree Description 892 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 893 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 894 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 895 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 896 590.28(1) 3rd Intentional burning of lands. 897 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 898 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 899 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 900 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 901 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 902 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000. 903 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. 904 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 905 817.234(1)(a)2. 3rd False statement in support of insurance claim. 906 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 907 817.52(3) 3rd Failure to redeliver hired vehicle. 908 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 909 817.60(5) 3rd Dealing in credit cards of another. 910 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 911 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 912 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 913 831.01 3rd Forgery. 914 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 915 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 916 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 917 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 918 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 919 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 920 843.08 3rd False personation. 921 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis. 922 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 923 Section 15. The Legislature finds that a proper and 924 legitimate state purpose is served when district school boards 925 are afforded options for the provision of safe-school officers 926 for the protection and safety of school personnel, property, 927 students, and visitors. School guardians must be available to 928 any district school board that chooses such an option. 929 Therefore, the Legislature determines and declares that this act 930 fulfills an important state interest. 931 Section 16. Except as otherwise expressly provided in this 932 act, this act shall take effect upon becoming a law.