Bill Text: FL S7040 | 2020 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implementation of the Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced) 2020-03-10 - Laid on Table, refer to CS/HB 7065 [S7040 Detail]

Download: Florida-2020-S7040-Comm_Sub.html
       Florida Senate - 2020                             CS for SB 7040
       
       
        
       By the Committees on Infrastructure and Security; and Education
       
       
       
       
       
       596-03025A-20                                         20207040c1
    1                        A bill to be entitled                      
    2         An act relating to implementation of the
    3         recommendations of the Marjory Stoneman Douglas High
    4         School Public Safety Commission; amending s. 30.15,
    5         F.S.; authorizing a sheriff to contract for services
    6         to provide training under the Coach Aaron Feis
    7         Guardian Program; revising training and evaluation
    8         requirements for school guardians; expanding the
    9         program to include the training and certification of
   10         school security guards; requiring the review and
   11         approval of evaluations and results; amending s.
   12         943.082, F.S.; adding penalties for persons who
   13         knowingly submit false information to a law
   14         enforcement agency; amending s. 943.687, F.S.;
   15         requiring the addition of three members to the Marjory
   16         Stoneman Douglas High School Public Safety Commission
   17         as of a certain date; requiring consideration of
   18         balanced representation; amending s. 985.12, F.S.;
   19         requiring certain state agencies and state attorneys
   20         to cooperate in the oversight and enforcement of
   21         school-based diversion programs; requiring that law
   22         enforcement officers have access to a certain
   23         database; amending s. 1001.11, F.S.; specifying
   24         legislative intent; assigning the Commissioner of
   25         Education specified duties regarding education-related
   26         school safety requirements; amending s. 1001.212,
   27         F.S.; revising the training, consultation, and
   28         coordination responsibilities of the Office of Safe
   29         Schools; conforming and requiring evaluation and
   30         coordination of incident reporting requirements;
   31         requiring the office to maintain a directory of
   32         programs; requiring the office to develop a model
   33         plan; amending s. 1002.33, F.S.; conforming safety
   34         requirements to changes made by the act; amending s.
   35         1002.421, F.S.; requiring private schools comply with
   36         certain statutory provision related to criteria for
   37         assigning a student to a civil citation or similar
   38         prearrest diversion program; amending s. 1003.5716,
   39         F.S.; revising individual education plan requirements
   40         for certain students to include a statement of
   41         expectations for the transition of behavioral health
   42         services needed after high school graduation;
   43         requiring parent, student, and agency roles and
   44         responsibilities to be specified in a course of action
   45         transition plan, as applicable; amending s. 1004.44,
   46         F.S.; requiring the Louis de la Parte Florida Mental
   47         Health Institute to consult with specified state
   48         agencies and convene a workgroup to advise those
   49         agencies on the implementation of specified mental
   50         health recommendations; requiring the institute to
   51         submit a report with administrative and legislative
   52         policy recommendations to the Governor and the
   53         Legislature by a specified date; authorizing the
   54         institute to submit additional reports and
   55         recommendations as needed and requested; amending s.
   56         1006.07, F.S.; requiring code of student conduct
   57         policies to contain prearrest diversion program
   58         criteria; specifying requirements applicable to
   59         emergency drill policies and procedures, in accordance
   60         with State Board of Education rules; requiring the
   61         state board to adopt rules in consultation with state
   62         and local entities; adding threat assessment team
   63         membership, training, and procedural requirements;
   64         incorporating additional discipline and behavioral
   65         incident reports within school safety incident
   66         reporting requirements; requiring district school
   67         boards to adopt school district emergency event family
   68         reunification policies and plans; requiring school
   69         based emergency event family reunification plans to be
   70         consistent with school board policy and the school
   71         district plan; requiring plans to address specified
   72         requirements within the framework of model policies
   73         and plans identified by the office; amending s.
   74         1006.09, F.S.; requiring school principals to use a
   75         specified system to report school safety incidents;
   76         amending s. 1006.12, F.S.; requiring school safety
   77         officers to complete specified training to improve
   78         knowledge and skills as first responders to certain
   79         incidents; specifying county sheriffs’ responsibility
   80         for specified training required for school security
   81         guards; requiring certain school security guards to
   82         meet district background screening requirements and
   83         qualification requirements; conforming notification
   84         requirements to changes made by the act; amending s.
   85         1006.13, F.S.; authorizing district school boards to
   86         assign students to certain diversion programs as
   87         options within zero-tolerance policies; amending s.
   88         1006.1493, F.S.; revising components that must be
   89         assessed by the Florida Safe Schools Assessment Tool
   90         to include policies and procedures to prepare for and
   91         respond to natural or manmade disasters or
   92         emergencies; amending s. 1011.62, F.S.; revising
   93         requirements that must be met before the distribution
   94         of the mental health assistance allocation; providing
   95         effective dates.
   96          
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Paragraph (k) of subsection (1) of section
  100  30.15, Florida Statutes, is amended to read:
  101         30.15 Powers, duties, and obligations.—
  102         (1) Sheriffs, in their respective counties, in person or by
  103  deputy, shall:
  104         (k) Assist district school boards and charter school
  105  governing boards in complying with s. 1006.12. A sheriff must,
  106  at a minimum, provide access to a Coach Aaron Feis Guardian
  107  Program training to aid in the prevention or abatement of active
  108  assailant incidents on school premises, as required under this
  109  paragraph. Persons certified as Feis guardian program certified
  110  school guardians or Feis guardian program certified school
  111  security guards pursuant to this paragraph do not have no
  112  authority to act in any law enforcement capacity except to the
  113  extent necessary to prevent or abate an active assailant
  114  incident.
  115         1.a. If a local school board has voted by a majority to
  116  implement a Feis guardian program, the sheriff in that county
  117  shall establish a Feis guardian program to provide training,
  118  pursuant to subparagraph 2., to school district or charter
  119  school employees directly; through a contract with an entity
  120  selected by the local sheriff, provided that the local sheriff
  121  oversees, supervises, and certifies all aspects of the contract
  122  governing the Feis guardian program for the local jurisdiction;
  123  , either directly or through a contract with another sheriff’s
  124  office that has established a Feis guardian program; or through
  125  any combination thereof. To facilitate effective training and
  126  emergency response in the event of an active assailant
  127  situation, a sheriff who contracts with one or more county
  128  sheriffs to provide Feis guardian program training and
  129  certification for the local school district and charter schools
  130  within its county jurisdiction shall notify, in writing, the
  131  local district school superintendent and charter school
  132  administrators of all county-specific protocols incorporated
  133  into the contracted Feis guardian program training and
  134  certification requirements.
  135         b. A charter school governing board in a school district
  136  that has not voted, or has declined, to implement a Feis
  137  guardian program may request the sheriff in the county to
  138  establish a Feis guardian program for the purpose of training
  139  the charter school employees. If the county sheriff denies the
  140  request, the charter school governing board may contract with a
  141  sheriff that has established a Feis guardian program to provide
  142  such training. The charter school governing board must notify,
  143  in writing, the superintendent and the sheriff in the charter
  144  school’s county of the contract prior to its execution.
  145         c. The sheriff conducting the Feis guardian program
  146  training pursuant to subparagraph 2. shall will be reimbursed by
  147  the Department of Education for screening-related and training
  148  related costs for Feis guardian program certified school
  149  guardians and Feis guardian program certified school security
  150  guards as provided in s. 1006.12(3) and (4), respectively, and
  151  for providing a one-time stipend of $500 to each Feis guardian
  152  program certified school guardian who participates in the Feis
  153  school guardian program as an employee of a school district or
  154  charter school.
  155         2. A sheriff who establishes a Feis guardian training
  156  program shall consult with the Department of Law Enforcement on
  157  programmatic guiding principles, practices, and resources, and
  158  shall certify, without the power of arrest, Feis guardian
  159  program certified as school guardians, without the power of
  160  arrest, school employees, as specified in s. 1006.12(3) and Feis
  161  guardian program school security guards as specified in s.
  162  1006.12(4), who:
  163         a. Hold a valid license issued under s. 790.06, applicable
  164  to district or school employees serving as Feis guardian program
  165  certified school guardians pursuant to s. 1006.12(3); or hold a
  166  valid Class “D” and Class “G” license issued under chapter 493,
  167  applicable to individuals contracted to serve as Feis guardian
  168  program certified school security guards under s. 1006.12(4).
  169         b. Complete a 144-hour training program, consisting of 12
  170  hours of certified nationally recognized diversity training and
  171  132 total hours of comprehensive firearm safety and proficiency
  172  training, conducted by Criminal Justice Standards and Training
  173  Commission-certified instructors who hold active instructional
  174  certifications, which must include:
  175         (I) Eighty hours of firearms instruction based on the
  176  Criminal Justice Standards and Training Commission’s Law
  177  Enforcement Academy training model, which must include at least
  178  10 percent but no more than 20 percent more rounds fired than
  179  associated with academy training. Program participants must
  180  achieve an 85 percent pass rate on the firearms training.
  181         (II) Sixteen hours of instruction in precision pistol.
  182  Training must include night and low-light shooting conditions.
  183         (III) Eight hours of discretionary shooting instruction
  184  using state-of-the-art simulator exercises.
  185         (IV) Eight hours of instruction in active shooter or
  186  assailant scenarios.
  187         (V) Eight hours of instruction in defensive tactics.
  188         (VI) Twelve hours of instruction in legal issues.
  189         c. Submit to and pass a psychological evaluation
  190  administered by a licensed professional psychologist licensed
  191  under chapter 490 and designated by the Department of Law
  192  Enforcement and submit the results of the evaluation to the
  193  sheriff’s office. The sheriff’s office must review and approve
  194  the results of each applicant’s psychological evaluation before
  195  accepting the applicant into the Feis guardian program. The
  196  Department of Law Enforcement is authorized to provide the
  197  sheriff’s office with mental health and substance abuse data for
  198  compliance with this paragraph.
  199         d. Submit to and pass an initial drug test and subsequent
  200  random drug tests in accordance with the requirements of s.
  201  112.0455 and the sheriff’s office. The sheriff’s office must
  202  review and approve the results of each applicant’s drug tests
  203  before accepting the applicant into the Feis guardian program.
  204         e. Successfully complete ongoing training conducted by a
  205  Criminal Justice Standards and Training Commission-certified
  206  instructor who holds an active instructional certification,
  207  weapon inspection, and firearm qualification on at least an
  208  annual basis, as required by the sheriff’s office.
  209  
  210  The sheriff who conducts the Feis guardian program training
  211  pursuant to this paragraph shall issue a Feis school guardian
  212  program certificate to individuals who meet the requirements of
  213  this section to the satisfaction of the sheriff, and shall
  214  maintain documentation of weapon and equipment inspections, as
  215  well as the training, certification, inspection, and
  216  qualification records of each Feis guardian program certified
  217  school guardian and Feis guardian program certified school
  218  security guard certified by the sheriff. An individual who is
  219  certified under this paragraph may serve as a Feis guardian
  220  program certified school guardian under s. 1006.12(3) or a Feis
  221  guardian program certified school security guard under s.
  222  1006.12(4) only if he or she is appointed by the applicable
  223  district school superintendent school district superintendent or
  224  charter school administrator principal.
  225         Section 2. Effective October 1, 2020, paragraph (c) is
  226  added to subsection (2) of section 943.082, Florida Statutes, to
  227  read:
  228         943.082 School Safety Awareness Program.—
  229         (2) The reporting tool must notify the reporting party of
  230  the following information:
  231         (c) That, if following investigation, it is determined that
  232  a person knowingly submitted a false tip through FortifyFL, the
  233  IP address of the device on which the tip was submitted will be
  234  provided to law enforcement agencies for further investigation
  235  and the reporting party may be subject to criminal penalties
  236  under s. 837.05. In all other circumstances, unless the
  237  reporting party has chosen to disclose his or her identity, the
  238  report must remain anonymous.
  239         Section 3. Paragraph (a) of subsection (2) of section
  240  943.687, Florida Statutes, is amended to read:
  241         943.687 Marjory Stoneman Douglas High School Public Safety
  242  Commission.—
  243         (2)(a)1. The commission shall convene no later than June 1,
  244  2018, and shall be composed of 16 members. Five members shall be
  245  appointed by the President of the Senate, five members shall be
  246  appointed by the Speaker of the House of Representatives, and
  247  five members shall be appointed by the Governor. From the
  248  members of the commission, the Governor shall appoint the chair.
  249  Appointments must be made by April 30, 2018. The Commissioner of
  250  the Department of Law Enforcement shall serve as a member of the
  251  commission. The Secretary of Children and Families, the
  252  Secretary of Juvenile Justice, the Secretary of Health Care
  253  Administration, and the Commissioner of Education shall serve as
  254  ex officio, nonvoting members of the commission. Members shall
  255  serve at the pleasure of the officer who appointed the member. A
  256  vacancy on the commission shall be filled in the same manner as
  257  the original appointment.
  258         2.In addition to the membership requirements of
  259  subparagraph 1., beginning June 1, 2020, the commission shall
  260  include three additional members selected from among the state’s
  261  actively serving district school superintendents, school
  262  principals, and classroom teachers. The additional members must
  263  be appointed by May 30, 2020, one each by the Governor, the
  264  President of the Senate, and the Speaker of the House of
  265  Representatives. Thereafter, to the extent possible, future
  266  appointments to fill vacancies or replace members of the
  267  commission must give consideration to achieving an equal balance
  268  of school district, law enforcement, and health care
  269  professional representation which reflects the cultural
  270  diversity of the state.
  271         Section 4. Paragraphs (c) and (f) of subsection (2) of
  272  section 985.12, Florida Statutes, are amended to read:
  273         985.12 Civil citation or similar prearrest diversion
  274  programs.—
  275         (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
  276  DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
  277         (c) The state attorney of each circuit shall operate a
  278  civil citation or similar prearrest diversion program in each
  279  circuit. A sheriff, police department, county, municipality,
  280  locally authorized entity, or public or private educational
  281  institution may continue to operate an independent civil
  282  citation or similar prearrest diversion program that is in
  283  operation as of October 1, 2018, if the independent program is
  284  reviewed by the state attorney of the applicable circuit and he
  285  or she determines that the independent program is substantially
  286  similar to the civil citation or similar prearrest diversion
  287  program developed by the circuit. If the state attorney
  288  determines that the independent program is not substantially
  289  similar to the civil citation or similar prearrest diversion
  290  program developed by the circuit, the operator of the
  291  independent diversion program may revise the program and the
  292  state attorney may conduct an additional review of the
  293  independent program. In cooperation with the Department of
  294  Education pursuant to s. 1001.212, the department and the state
  295  attorney of each judicial circuit shall monitor and enforce
  296  compliance with school-based diversion program requirements.
  297         (f) Each civil citation or similar prearrest diversion
  298  program shall enter the appropriate youth data into the Juvenile
  299  Justice Information System Prevention Web within 7 days after
  300  the admission of the youth into the program. Beginning in fiscal
  301  year 2021-2022, law enforcement officers must have field access
  302  to the Juvenile Justice Information System Prevention Web.
  303         Section 5. Subsection (9) of section 1001.11, Florida
  304  Statutes, is amended to read:
  305         1001.11 Commissioner of Education; other duties.—
  306         (9) With the intent of ensuring safe learning and teaching
  307  environments, the commissioner shall oversee compliance with
  308  education-related health, the safety, welfare, and security
  309  requirements of law the Marjory Stoneman Douglas High School
  310  Public Safety Act, chapter 2018-3, Laws of Florida, by school
  311  districts; district school superintendents; and public schools,
  312  including charter schools; and other entities or constituencies
  313  as may be applicable. The commissioner shall must facilitate
  314  public and nonpublic school compliance to the maximum extent
  315  provided under law, identify incidents of material
  316  noncompliance, and impose or recommend to the State Board of
  317  Education, the Governor, or the Legislature enforcement and
  318  sanctioning actions pursuant to s. 1001.42, s. 1001.51, chapter
  319  1002, and s. 1008.32, and other authority granted under law. For
  320  purposes of this subsection, s. 1001.42(13)(b), and s.
  321  1001.51(12)(b), the duties assigned to a district school
  322  superintendent apply to charter school administrative personnel
  323  as defined in s. 1012.01(3), and charter school governing boards
  324  shall designate at least one administrator to be responsible for
  325  such duties. The duties assigned to a district school board
  326  apply to a charter school governing board.
  327         Section 6. Present subsections (14) and (15) of section
  328  1001.212, Florida Statutes, are redesignated as subsections (16)
  329  and (17), respectively, new subsections (14) and (15) are added
  330  to that section, and subsections (2), (4), (6), and (8) of that
  331  section are amended, to read:
  332         1001.212 Office of Safe Schools.—There is created in the
  333  Department of Education the Office of Safe Schools. The office
  334  is fully accountable to the Commissioner of Education. The
  335  office shall serve as a central repository for best practices,
  336  training standards, and compliance oversight in all matters
  337  regarding school safety and security, including prevention
  338  efforts, intervention efforts, and emergency preparedness
  339  planning. The office shall:
  340         (2) Provide ongoing professional development opportunities
  341  to school district and charter school personnel.
  342         (4) Develop and implement a School Safety Specialist
  343  Training Program for school safety specialists appointed
  344  pursuant to s. 1006.07(6). The office shall develop the training
  345  program, which shall be based on national and state best
  346  practices on school safety and security and must include active
  347  shooter training. Training must also include information about
  348  federal and state laws regarding education records, medical
  349  records, data privacy, and incident reporting requirements,
  350  particularly with respect to behavioral threat assessment and
  351  emergency planning and response procedures. The office shall
  352  develop training modules in traditional or online formats. A
  353  school safety specialist certificate of completion shall be
  354  awarded to a school safety specialist who satisfactorily
  355  completes the training required by rules of the office.
  356         (6) Coordinate with the Department of Law Enforcement to
  357  provide a centralized integrated data repository, known as the
  358  Florida Schools Safety Portal, and data analytics resources to
  359  improve access to timely, complete, and accurate information
  360  integrating data from, at a minimum, but not limited to, the
  361  following data sources by August 1, 2019:
  362         (a) Social media Internet posts;
  363         (b) Department of Children and Families;
  364         (c) Department of Law Enforcement;
  365         (d) Department of Juvenile Justice;
  366         (e) Mobile suspicious activity reporting tool known as
  367  FortifyFL;
  368         (f) School environmental safety incident reports collected
  369  under subsection (8); and
  370         (g) Local law enforcement.
  371  
  372  Data that is exempt or confidential and exempt from public
  373  records requirements retains its exempt or confidential and
  374  exempt status when incorporated into the centralized integrated
  375  data repository. To maintain the confidentiality requirements
  376  attached to the information provided to the centralized
  377  integrated data repository by the various state and local
  378  agencies, data governance and security shall ensure compliance
  379  with all applicable state and federal data privacy requirements
  380  through the use of user authorization and role-based security,
  381  data anonymization and aggregation and auditing capabilities. To
  382  maintain the confidentiality requirements attached to the
  383  information provided to the centralized integrated data
  384  repository by the various state and local agencies, each source
  385  agency providing data to the repository shall be the sole
  386  custodian of the data for the purpose of any request for
  387  inspection or copies thereof under chapter 119. The department
  388  shall only allow access to data from the source agencies in
  389  accordance with rules adopted by the respective source agencies
  390  and the requirements of the Federal Bureau of Investigation
  391  Criminal Justice Information Services security policy, where
  392  applicable.
  393         (8) Oversee, facilitate, and coordinate district and school
  394  compliance with school safety incident reporting requirements in
  395  accordance with rules adopted by the state board enacting the
  396  school safety incident reporting requirements of this
  397  subsection, s. 1006.07(9), and other statutory safety incident
  398  reporting requirements. The office shall:
  399         (a) Provide technical assistance to school districts and
  400  charter school governing boards and administrators for school
  401  environmental safety incident reporting as required under s.
  402  1006.07(9).
  403         (b)The office shall Collect data through school
  404  environmental safety incident reports on incidents involving any
  405  person which occur on school premises, on school transportation,
  406  and at off-campus, school-sponsored events.
  407         (c)Review and evaluate safety incident reports of each The
  408  office shall review and evaluate school district and charter
  409  school and other entities, as may be required by law, reports to
  410  ensure compliance with reporting requirements. The office shall
  411  timely notify the commissioner of all incidents of material
  412  noncompliance for purposes of invoking the commissioner’s
  413  responsibilities provided under s. 1001.11(9). Upon notification
  414  by the commissioner department that a superintendent or charter
  415  school administrator has, based on clear and convincing
  416  evidence, failed to comply with the requirements of s.
  417  1006.07(9), the district school board or charter school
  418  governing board, as applicable, shall withhold further payment
  419  of his or her salary as authorized under s. 1001.42(13)(b) and
  420  impose other appropriate sanctions that the commissioner or
  421  state board by law may impose, pending demonstration of full
  422  compliance.
  423         (14)Maintain a current directory of public and private
  424  school-based diversion programs and cooperate with each judicial
  425  circuit and the Department of Juvenile Justice to facilitate
  426  their efforts to monitor and enforce each governing body’s
  427  compliance with s. 985.12.
  428         (15)Develop, in coordination with the Division of
  429  Emergency Management, other federal, state, and local law
  430  enforcement agencies, fire and rescue agencies, and first
  431  responder agencies, a model emergency event family reunification
  432  plan for use by child care facilities, public K-12 schools, and
  433  public postsecondary institutions that are closed or
  434  unexpectedly evacuated due to natural or manmade disasters or
  435  emergencies.
  436         Section 7. Paragraph (b) of subsection (16) of section
  437  1002.33, Florida Statutes, is amended to read:
  438         1002.33 Charter schools.—
  439         (16) EXEMPTION FROM STATUTES.—
  440         (b) Additionally, a charter school shall demonstrate and
  441  certify in its contract, and if necessary through addendum to
  442  its contract, the charter school’s be in compliance with the
  443  following statutes:
  444         1. Section 286.011, relating to public meetings and
  445  records, public inspection, and criminal and civil penalties.
  446         2. Chapter 119, relating to public records.
  447         3. Section 1003.03, relating to the maximum class size,
  448  except that the calculation for compliance pursuant to s.
  449  1003.03 shall be the average at the school level.
  450         4. Section 1012.22(1)(c), relating to compensation and
  451  salary schedules.
  452         5. Section 1012.33(5), relating to workforce reductions.
  453         6. Section 1012.335, relating to contracts with
  454  instructional personnel hired on or after July 1, 2011.
  455         7. Section 1012.34, relating to the substantive
  456  requirements for performance evaluations for instructional
  457  personnel and school administrators.
  458         8. Section 1006.12, relating to safe-school officers.
  459         9. Section 1006.07(7), relating to threat assessment teams.
  460         10. Section 1006.07(9), relating to school Environmental
  461  safety incident reporting.
  462         11. Section 1006.1493, relating to the Florida Safe Schools
  463  Assessment Tool.
  464         12. Section 1006.07(6)(c), relating to adopting an active
  465  assailant response plan.
  466         13. Section 943.082(4)(b), relating to the mobile
  467  suspicious activity reporting tool.
  468         14. Section 1012.584, relating to youth mental health
  469  awareness and assistance training.
  470         15.Section 1006.07(4), relating to emergency drills and
  471  emergency procedures.
  472         16.Section 1006.07(2)(n), relating to criteria for
  473  assigning a student to a civil citation or similar prearrest
  474  diversion program.
  475         Section 8. Paragraph (r) is added to subsection (1) of
  476  section 1002.421, Florida Statutes to read:
  477         1002.421 State school choice scholarship program
  478  accountability and oversight.—
  479         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  480  school participating in an educational scholarship program
  481  established pursuant to this chapter must be a private school as
  482  defined in s. 1002.01(2) in this state, be registered, and be in
  483  compliance with all requirements of this section in addition to
  484  private school requirements outlined in s. 1002.42, specific
  485  requirements identified within respective scholarship program
  486  laws, and other provisions of Florida law that apply to private
  487  schools, and must:
  488         (r)Comply with section 1006.07(2)(n), Florida Statutes.
  489  
  490  The department shall suspend the payment of funds to a private
  491  school that knowingly fails to comply with this subsection, and
  492  shall prohibit the school from enrolling new scholarship
  493  students, for 1 fiscal year and until the school complies. If a
  494  private school fails to meet the requirements of this subsection
  495  or has consecutive years of material exceptions listed in the
  496  report required under paragraph (q), the commissioner may
  497  determine that the private school is ineligible to participate
  498  in a scholarship program.
  499         Section 9. Paragraph (d) is added to subsection (2) of
  500  section 1003.5716, Florida Statutes, to read:
  501         1003.5716 Transition to postsecondary education and career
  502  opportunities.—All students with disabilities who are 3 years of
  503  age to 21 years of age have the right to a free, appropriate
  504  public education. As used in this section, the term “IEP” means
  505  individual education plan.
  506         (2) Beginning not later than the first IEP to be in effect
  507  when the student attains the age of 16, or younger if determined
  508  appropriate by the parent and the IEP team, the IEP must include
  509  the following statements that must be updated annually:
  510         (d)A statement of post-high school performance
  511  expectations which includes a proposed transition plan that
  512  facilitates continuity of care and coordination of any
  513  behavioral health services needed to assist the student in
  514  reaching those expectations. The statement must also specify
  515  parent, student, and agency roles and responsibilities
  516  pertaining to the provision and funding of specified transition
  517  services, as applicable.
  518         Section 10. Subsection (5) is added to section 1004.44,
  519  Florida Statutes, to read:
  520         1004.44 Louis de la Parte Florida Mental Health Institute.
  521  There is established the Louis de la Parte Florida Mental Health
  522  Institute within the University of South Florida.
  523         (5)In consultation with the Department of Children and
  524  Families, the Department of Juvenile Justice, and the Department
  525  of Education, the institute shall convene a workgroup of
  526  practitioners and experts to review, evaluate, and provide
  527  implementation guidance on the mental health-related findings
  528  and recommendations of the Marjory Stoneman Douglas High School
  529  Public Safety Commission, as approved in reports submitted
  530  pursuant to s. 943.687. The workgroup shall analyze, evaluate,
  531  and identify regulatory or legislative actions necessary to
  532  facilitate implementation of each recommendation. By August 1,
  533  2020, the institute shall submit to the Governor, the President
  534  of the Senate, and the Speaker of the House of Representatives
  535  an initial summary report of activities, specific policy and
  536  budget recommendations, including draft legislation and
  537  associated fiscal impact statements, and other information and
  538  policy or administrative recommendations to improve the state’s
  539  mental health system of care. The institute must continue to
  540  monitor commission activities and coordinate with agency
  541  partners to advise them on implementation activities, and may
  542  submit subsequent reports and recommendations on an annual basis
  543  or as requested. This subsection shall expire July 1, 2024.
  544         Section 11. Paragraph (a) of subsection (4), paragraph (a)
  545  of subsection (6), paragraph (a) of subsection (7), and
  546  subsection (9) of section 1006.07, Florida Statutes, are
  547  amended, and paragraph (n) of subsection (2), paragraph (d) of
  548  subsection (4), and subsection (10) are added to that section,
  549  to read:
  550         1006.07 District school board duties relating to student
  551  discipline and school safety.—The district school board shall
  552  provide for the proper accounting for all students, for the
  553  attendance and control of students at school, and for proper
  554  attention to health, safety, and other matters relating to the
  555  welfare of students, including:
  556         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  557  conduct for elementary schools and a code of student conduct for
  558  middle and high schools and distribute the appropriate code to
  559  all teachers, school personnel, students, and parents, at the
  560  beginning of every school year. Each code shall be organized and
  561  written in language that is understandable to students and
  562  parents and shall be discussed at the beginning of every school
  563  year in student classes, school advisory council meetings, and
  564  parent and teacher association or organization meetings. Each
  565  code shall be based on the rules governing student conduct and
  566  discipline adopted by the district school board and shall be
  567  made available in the student handbook or similar publication.
  568  Each code shall include, but is not limited to:
  569         (n)Criteria for assigning a student to a civil citation or
  570  similar prearrest diversion program that is an alternative to
  571  expulsion or referral to law enforcement agencies. All civil
  572  citation or similar prearrest diversion programs must comply
  573  with s. 985.12.
  574         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  575         (a) Formulate and prescribe policies and procedures, in
  576  consultation with the appropriate public safety agencies, for
  577  emergency drills and for actual emergencies, including, but not
  578  limited to, fires, natural disasters, active shooter and hostage
  579  situations, and bomb threats, for all students and faculty at
  580  all public schools of the district composed comprised of grades
  581  K-12, pursuant to state board rule. Drills for active shooter
  582  and hostage situations shall be conducted in accordance with
  583  developmentally appropriate and age-appropriate procedures, as
  584  specified in state board rules at least as often as other
  585  emergency drills. Law enforcement officers responsible for
  586  responding to the school in the event of an active assailant
  587  emergency, as determined necessary by the sheriff in
  588  coordination with the district’s school safety specialist, must
  589  be physically present on campus and directly involved in the
  590  execution of active assailant emergency drills. District school
  591  board policies shall include commonly used alarm system
  592  responses for specific types of emergencies and verification by
  593  each school that drills have been provided as required by law,
  594  state board rule, and fire protection codes. The emergency
  595  response policy shall identify the individuals responsible for
  596  contacting the primary emergency response agency and the
  597  emergency response agency that is responsible for notifying the
  598  school district for each type of emergency. The state board
  599  shall refer to recommendations provided in reports published
  600  pursuant to s. 943.687 for guidance and, by August 1, 2020,
  601  consult with state and local constituencies to adopt rules
  602  applicable to the requirements of this subsection which, at a
  603  minimum, define “emergency drill,” “active threat,” and “after
  604  action report,” and must establish minimum emergency drill
  605  policies and procedures related to the timing, frequency,
  606  participation, training, notification, accommodations, and
  607  responses to threat situations by incident type, school level,
  608  school type, and student and school characteristics. Such rules
  609  must require all types of emergency drills to be conducted no
  610  less frequently than on an annual school year basis.
  611         (d)Consistent with subsection (10), as a component of
  612  emergency procedures, each district school board and charter
  613  school governing board must adopt, in coordination with local
  614  law enforcement agencies, an emergency event family
  615  reunification plan to reunite students and employees with their
  616  families in the event of a mass casualty or other emergency
  617  event situation.
  618         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  619  school superintendent shall establish policies and procedures
  620  for the prevention of violence on school grounds, including the
  621  assessment of and intervention with individuals whose behavior
  622  poses a threat to the safety of the school community.
  623         (a) Each district school superintendent shall designate a
  624  school safety specialist for the district. The school safety
  625  specialist must be a school administrator employed by the school
  626  district or a law enforcement officer employed by the sheriff’s
  627  office located in the school district. Any school safety
  628  specialist designated from the sheriff’s office must first be
  629  authorized and approved by the sheriff employing the law
  630  enforcement officer. Any school safety specialist designated
  631  from the sheriff’s office remains the employee of the office for
  632  purposes of compensation, insurance, workers’ compensation, and
  633  other benefits authorized by law for a law enforcement officer
  634  employed by the sheriff’s office. The sheriff and the school
  635  superintendent may determine by agreement the reimbursement for
  636  such costs, or may share the costs, associated with employment
  637  of the law enforcement officer as a school safety specialist.
  638  The school safety specialist must earn a certificate of
  639  completion of the school safety specialist training provided by
  640  the Office of Safe Schools within 1 year after appointment and
  641  is responsible for the supervision and oversight for all school
  642  safety and security personnel, policies, and procedures in the
  643  school district. The school safety specialist shall:
  644         1. Review school district policies and procedures for
  645  compliance with state law and rules, including the district’s
  646  timely and accurate submission of school environmental safety
  647  incident reports to the department pursuant to s. 1001.212(8).
  648         2. Provide the necessary training and resources to students
  649  and school district staff in matters relating to youth mental
  650  health awareness and assistance; emergency procedures, including
  651  active shooter training; and school safety and security.
  652         3. Serve as the school district liaison with local public
  653  safety agencies and national, state, and community agencies and
  654  organizations in matters of school safety and security.
  655         4. In collaboration with the appropriate public safety
  656  agencies, as that term is defined in s. 365.171, by October 1 of
  657  each year, conduct a school security risk assessment at each
  658  public school using the Florida Safe Schools Assessment Tool
  659  developed by the Office of Safe Schools pursuant to s.
  660  1006.1493. Based on the assessment findings, the district’s
  661  school safety specialist shall provide recommendations to the
  662  district school superintendent and the district school board
  663  which identify strategies and activities that the district
  664  school board should implement in order to address the findings
  665  and improve school safety and security. Each district school
  666  board must receive such findings and the school safety
  667  specialist’s recommendations at a publicly noticed district
  668  school board meeting to provide the public an opportunity to
  669  hear the district school board members discuss and take action
  670  on the findings and recommendations. Each school safety
  671  specialist shall report such findings and school board action to
  672  the Office of Safe Schools within 30 days after the district
  673  school board meeting.
  674         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  675  shall adopt policies for the establishment of threat assessment
  676  teams at each school whose duties include the coordination of
  677  resources and assessment and intervention with individuals whose
  678  behavior may pose a threat to the safety of school staff or
  679  students consistent with the model policies developed by the
  680  Office of Safe Schools. Such policies must include procedures
  681  for referrals to mental health services identified by the school
  682  district pursuant to s. 1012.584(4), when appropriate, and
  683  procedures for behavioral threat assessments in compliance with
  684  the instrument developed pursuant to s. 1001.212(12).
  685         (a) A threat assessment team shall include a sworn law
  686  enforcement officer who has undergone threat assessment training
  687  identified by the Office of Safe Schools pursuant to s.
  688  1001.212, and persons with expertise in counseling, instruction,
  689  and school administration, and law enforcement. All required
  690  members of the threat assessment team must be involved in the
  691  threat assessment process, from start to finish, including the
  692  determination of the final disposition decision. The threat
  693  assessment teams shall identify members of the school community
  694  to whom threatening behavior should be reported and provide
  695  guidance to students, faculty, and staff regarding recognition
  696  of threatening or aberrant behavior that may represent a threat
  697  to the community, school, or self. Upon the availability of the
  698  behavioral threat assessment instrument developed pursuant to s.
  699  1001.212(12), the threat assessment team shall use that
  700  instrument.
  701         (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
  702  district school board shall adopt policies to ensure the
  703  accurate and timely reporting of incidents related to school
  704  safety and discipline. For purposes of s. 1001.212(8) and this
  705  subsection, incidents related to school safety and discipline
  706  include incidents reported pursuant to ss. 1006.09, 1006.13,
  707  1006.135, 1006.147, and 1006.148. The district school
  708  superintendent is responsible for school environmental safety
  709  incident reporting. A district school superintendent who fails
  710  to comply with this subsection is subject to the penalties
  711  specified in law, including, but not limited to, s.
  712  1001.42(13)(b) or s. 1001.51(12)(b), as applicable. The State
  713  Board of Education shall adopt rules establishing the
  714  requirements for the school environmental safety incident
  715  reporting report.
  716         (10)EMERGENCY EVENT FAMILY REUNIFICATION POLICIES AND
  717  PLANS.—By August 1, 2021, each district school board shall adopt
  718  a school district emergency event family reunification policy
  719  establishing elements and requirements for a school district
  720  emergency event family reunification plan and individual school
  721  based emergency event family reunification plans for the purpose
  722  of reuniting students and employees with their families in the
  723  event of a mass casualty or other emergency event situation.
  724         (a)School district policies and plans must be coordinated
  725  with the county sheriff and local law enforcement. School-based
  726  plans must be consistent with school board policy and the school
  727  district plan. The school board is encouraged to apply model
  728  mass casualty death notification and reunification policies and
  729  practices referenced in reports published pursuant to s. 943.687
  730  and as developed by the Office of Safe Schools.
  731         (b)Minimally, plans must identify potential reunification
  732  sites and ensure a unified command at each site, identify
  733  equipment needs, provide multiple methods of communication with
  734  family members of students and staff, address training for
  735  employees, and provide multiple methods to aid law enforcement
  736  in identification of students and staff, including written
  737  backup documents.
  738         Section 12. Subsection (6) of section 1006.09, Florida
  739  Statutes, is amended to read:
  740         1006.09 Duties of school principal relating to student
  741  discipline and school safety.—
  742         (6) Each school principal must ensure that standardized
  743  forms prescribed by rule of the State Board of Education are
  744  used to report data concerning school safety and discipline to
  745  the department through the School Environmental Safety Incident
  746  Reporting (SESIR) System. The school principal must develop a
  747  plan to verify the accuracy of reported incidents.
  748         Section 13. Section 1006.12, Florida Statutes, is amended
  749  to read:
  750         1006.12 Safe-school officers at each public school.—For the
  751  protection and safety of school personnel, property, students,
  752  and visitors, each district school board and district school
  753  superintendent school district superintendent shall partner with
  754  law enforcement agencies or security agencies to establish or
  755  assign one or more safe-school officers at each school facility
  756  within the district, including charter schools. A district
  757  school board must collaborate with charter school governing
  758  boards to facilitate charter school access to all safe-school
  759  officer options available under this section. The school
  760  district may implement one or more any combination of the
  761  options specified in subsections (1)-(4) to best meet the needs
  762  of the school district and charter schools.
  763         (1) SWORN LAW ENFORCEMENT SCHOOL RESOURCE OFFICER.—A school
  764  district may establish school resource officer programs through
  765  a cooperative agreement with law enforcement agencies.
  766         (a) Sworn law enforcement school resource officers shall
  767  undergo criminal background checks, drug testing, and a
  768  psychological evaluation and be certified law enforcement
  769  officers, as defined in s. 943.10(1), who are employed by a law
  770  enforcement agency as defined in s. 943.10(4). The powers and
  771  duties of a law enforcement officer shall continue throughout
  772  the employee’s tenure as a sworn law enforcement school resource
  773  officer.
  774         (b) Sworn law enforcement school resource officers shall
  775  abide by district school board policies and shall consult with
  776  and coordinate activities through the school principal, but
  777  shall be responsible to the law enforcement agency in all
  778  matters relating to employment, subject to agreements between a
  779  district school board and a law enforcement agency. Activities
  780  conducted by the sworn law enforcement school resource officer
  781  which are part of the regular instructional program of the
  782  school shall be under the direction of the school principal.
  783         (c) Sworn law enforcement school resource officers shall
  784  complete mental health crisis intervention training using a
  785  curriculum developed by a national organization with expertise
  786  in mental health crisis intervention. The training shall improve
  787  officers’ knowledge and skills as first responders to incidents
  788  involving students with emotional disturbance or mental illness,
  789  including de-escalation skills to ensure student and officer
  790  safety.
  791         (2) SWORN LAW ENFORCEMENT SCHOOL SAFETY OFFICER.—A school
  792  district may commission one or more sworn law enforcement school
  793  safety officers for the protection and safety of school
  794  personnel, property, and students within the school district.
  795  The district school superintendent may recommend, and the
  796  district school board may appoint, one or more sworn law
  797  enforcement school safety officers.
  798         (a) Sworn law enforcement school safety officers shall
  799  undergo criminal background checks, drug testing, and a
  800  psychological evaluation and be law enforcement officers, as
  801  defined in s. 943.10(1), certified under the provisions of
  802  chapter 943 and employed by either a law enforcement agency or
  803  by the district school board. If the officer is employed by the
  804  district school board, the district school board is the
  805  employing agency for purposes of chapter 943, and must comply
  806  with the provisions of that chapter.
  807         (b) A sworn law enforcement school safety officer has and
  808  shall exercise the power to make arrests for violations of law
  809  on district school board property or on property owned or leased
  810  by a charter school under the charter contract, as applicable,
  811  and to arrest persons, whether on or off such property, who
  812  violate any law on such property under the same conditions that
  813  deputy sheriffs are authorized to make arrests. A sworn law
  814  enforcement school safety officer has the authority to carry
  815  weapons when performing his or her official duties.
  816         (c) A district school board may enter into mutual aid
  817  agreements with one or more law enforcement agencies as provided
  818  in chapter 23. A sworn law enforcement school safety officer’s
  819  salary may be paid jointly by the district school board and the
  820  law enforcement agency, as mutually agreed to.
  821         (d) Sworn law enforcement school safety officers shall
  822  complete mental health crisis intervention training using a
  823  curriculum developed by a national organization with expertise
  824  in mental health crisis intervention. The training must improve
  825  officers’ knowledge and skills as first responders to incidents
  826  involving students with emotional disturbance or mental illness,
  827  including de-escalation skills to ensure student and officer
  828  safety.
  829         (3) FEIS GUARDIAN PROGRAM CERTIFIED SCHOOL GUARDIAN.—At the
  830  school district’s or the charter school governing board’s
  831  discretion, as applicable, pursuant to s. 30.15, a school
  832  district or charter school governing board may participate in
  833  the Coach Aaron Feis Guardian Program to meet the requirement of
  834  establishing a safe-school officer. The following individuals
  835  may serve as a Feis guardian program certified school guardian,
  836  in support of school-sanctioned activities for purposes of s.
  837  790.115, upon satisfactory completion of the requirements under
  838  s. 30.15(1)(k) and certification by a sheriff:
  839         (a) A school district employee or personnel, as defined
  840  under s. 1012.01, or a charter school employee, as provided
  841  under s. 1002.33(12)(a), who volunteers to serve as a Feis
  842  guardian program certified school guardian in addition to his or
  843  her official job duties; or
  844         (b) An employee of a school district or a charter school
  845  who is hired for the specific purpose of serving as a Feis
  846  guardian program certified school guardian.
  847         (4) FEIS GUARDIAN PROGRAM CERTIFIED SCHOOL SECURITY GUARD.
  848  A school district or charter school governing board may contract
  849  with a security agency as defined in s. 493.6101(18) to employ
  850  as a Feis guardian program certified school security guard an
  851  individual who holds a Class “D” and Class “G” license pursuant
  852  to chapter 493, provided the following training and contractual
  853  conditions are met:
  854         (a) An individual who serves as a Feis guardian program
  855  certified school security guard, for purposes of satisfying the
  856  requirements of this section, must:
  857         1. Demonstrate satisfactory completion of all training
  858  program requirements of the Coach Aaron Feis Guardian Program,
  859  as provided and certified by a county sheriff, 144 hours of
  860  required training pursuant to s. 30.15(1)(k)2.
  861         2. Submit to and pass a psychological evaluation
  862  administered by a licensed professional psychologist licensed
  863  under chapter 490 and designated by the Department of Law
  864  Enforcement and submit the results of the evaluation to the
  865  sheriff’s office, school district, or charter school governing
  866  board, as applicable. The sheriff’s office must review and
  867  approve the results of each applicant’s psychological evaluation
  868  before accepting the applicant into the Feis guardian program.
  869  The Department of Law Enforcement is authorized to provide the
  870  sheriff’s office, school district, or charter school governing
  871  board with mental health and substance abuse data for compliance
  872  with this paragraph.
  873         3. Submit to and pass an initial drug test and subsequent
  874  random drug tests in accordance with the requirements of s.
  875  112.0455 and the sheriff’s office, school district, or charter
  876  school governing board, as applicable. The sheriff’s office must
  877  review and approve the results of each applicant’s drug tests
  878  before accepting the applicant into the Feis guardian program.
  879         4. Successfully complete ongoing training, weapon
  880  inspection, and firearm qualification on at least an annual
  881  basis, as required by the sheriff’s office and provide
  882  documentation to the sheriff’s office, school district, or
  883  charter school governing board, as applicable.
  884         (b) The contract between a security agency and a school
  885  district or a charter school governing board regarding
  886  requirements applicable to Feis guardian program certified
  887  school security guards serving in the capacity of a safe-school
  888  officer for purposes of satisfying the requirements of this
  889  section shall define the county sheriff or sheriffs entity or
  890  entities responsible for Feis guardian program training and the
  891  responsibilities for maintaining records relating to training,
  892  inspection, and firearm qualification; and define conditions,
  893  requirements, costs, and responsibilities necessary to satisfy
  894  the background screening requirements of paragraph (d).
  895         (c) Feis guardian program certified school security guards
  896  serving in the capacity of a safe-school officer pursuant to
  897  this subsection are in support of school-sanctioned activities
  898  for purposes of s. 790.115, and must aid in the prevention or
  899  abatement of active assailant incidents on school premises.
  900         (d)A Feis guardian program certified school security guard
  901  serving in the capacity of a safe-school officer pursuant to
  902  this subsection is considered to be a “noninstructional
  903  contractor” subject to the background screening requirements of
  904  ss. 1012.465 and 1012.467, as they apply to each applicable
  905  school district or charter school, and these requirements must
  906  be satisfied before the Feis guardian program certified school
  907  security guard is given access to school grounds.
  908         (5) NOTIFICATION.—The school district superintendent or
  909  charter school administrator shall notify the county sheriff and
  910  the Office of Safe Schools immediately after, but no later than
  911  72 hours after:
  912         (a) A safe-school officer is dismissed for misconduct or is
  913  otherwise disciplined.
  914         (b) A safe-school officer discharges his or her firearm in
  915  the exercise of the safe-school officer’s duties, other than for
  916  training purposes.
  917         (6) EXEMPTION.—Any information that would identify whether
  918  a particular individual has been appointed as a safe-school
  919  officer pursuant to this section held by a law enforcement
  920  agency, school district, or charter school is exempt from s.
  921  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  922  subsection is subject to the Open Government Sunset Review Act
  923  in accordance with s. 119.15 and shall stand repealed on October
  924  2, 2023, unless reviewed and saved from repeal through
  925  reenactment by the Legislature.
  926  
  927  If a district school board, through its adopted policies,
  928  procedures, or actions, denies a charter school access to any
  929  safe-school officer options pursuant to this section, the school
  930  district must assign a sworn law enforcement school resource
  931  officer or sworn law enforcement school safety officer to the
  932  charter school. Under such circumstances, the charter school’s
  933  share of the costs of the sworn law enforcement school resource
  934  officer or sworn law enforcement school safety officer may not
  935  exceed the safe school allocation funds provided to the charter
  936  school pursuant to s. 1011.62(15) and shall be retained by the
  937  school district.
  938         Section 14. Subsection (3) of section 1006.13, Florida
  939  Statutes, is amended to read:
  940         1006.13 Policy of zero tolerance for crime and
  941  victimization.—
  942         (3) Zero-tolerance policies must require students found to
  943  have committed one of the following offenses to be expelled,
  944  with or without continuing educational services, from the
  945  student’s regular school for a period of not less than 1 full
  946  year, and to be referred to the criminal justice or juvenile
  947  justice system.
  948         (a) Bringing a firearm or weapon, as defined in chapter
  949  790, to school, to any school function, or onto any school
  950  sponsored transportation or possessing a firearm at school.
  951         (b) Making a threat or false report, as defined by ss.
  952  790.162 and 790.163, respectively, involving school or school
  953  personnel’s property, school transportation, or a school
  954  sponsored activity.
  955  
  956  District school boards may assign the student to a school-based
  957  diversion program pursuant to s. 985.12 disciplinary program for
  958  the purpose of continuing educational services during the period
  959  of expulsion. District school superintendents may consider the
  960  1-year expulsion requirement on a case-by-case basis and request
  961  the district school board to modify the requirement by assigning
  962  the student to a school-based diversion program pursuant to s.
  963  985.12 disciplinary program or second chance school if the
  964  request for modification is in writing and it is determined to
  965  be in the best interest of the student and the school system. If
  966  a student committing any of the offenses in this subsection is a
  967  student who has a disability, the district school board shall
  968  comply with applicable State Board of Education rules.
  969         Section 15. Paragraph (a) of subsection (2) of section
  970  1006.1493, Florida Statutes, is amended to read:
  971         1006.1493 Florida Safe Schools Assessment Tool.—
  972         (2) The FSSAT must help school officials identify threats,
  973  vulnerabilities, and appropriate safety controls for the schools
  974  that they supervise, pursuant to the security risk assessment
  975  requirements of s. 1006.07(6).
  976         (a) At a minimum, the FSSAT must address all of the
  977  following components:
  978         1. School emergency and crisis preparedness planning;
  979         2. Security, crime, and violence prevention policies and
  980  procedures;
  981         3. Physical security measures;
  982         4. Professional development training needs;
  983         5. An examination of support service roles in school
  984  safety, security, and emergency planning;
  985         6. School security and school police staffing, operational
  986  practices, and related services;
  987         7. School and community collaboration on school safety; and
  988         8. A return on investment analysis of the recommended
  989  physical security controls and;.
  990         9. Policies and procedures to prepare for and respond to
  991  natural or manmade disasters or emergencies, including plans to
  992  reunite students and employees with families after a school is
  993  closed or unexpectedly evacuated due to such disasters or
  994  emergencies.
  995         Section 16. Effective July 1, 2020, subsection (16) of
  996  section 1011.62, Florida Statutes, is amended to read:
  997         1011.62 Funds for operation of schools.—If the annual
  998  allocation from the Florida Education Finance Program to each
  999  district for operation of schools is not determined in the
 1000  annual appropriations act or the substantive bill implementing
 1001  the annual appropriations act, it shall be determined as
 1002  follows:
 1003         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1004  assistance allocation is created to provide funding to assist
 1005  school districts in establishing or expanding school-based
 1006  mental health care; train educators and other school staff in
 1007  detecting and responding to mental health issues; and connect
 1008  children, youth, and families who may experience behavioral
 1009  health issues with appropriate services. These funds shall be
 1010  allocated annually in the General Appropriations Act or other
 1011  law to each eligible school district. Each school district shall
 1012  receive a minimum of $100,000, with the remaining balance
 1013  allocated based on each school district’s proportionate share of
 1014  the state’s total unweighted full-time equivalent student
 1015  enrollment. Charter schools that submit a plan separate from the
 1016  school district are entitled to a proportionate share of
 1017  district funding. The allocated funds may not supplant funds
 1018  that are provided for this purpose from other operating funds
 1019  and may not be used to increase salaries or provide bonuses.
 1020  School districts are encouraged to maximize third-party health
 1021  insurance benefits and Medicaid claiming for services, where
 1022  appropriate.
 1023         (a) Before the distribution of the allocation:
 1024         1. The school district shall must develop and submit a
 1025  detailed plan outlining the local program and planned
 1026  expenditures to the district school board for approval. The This
 1027  plan, which must include input from school and community
 1028  stakeholders, applies to all district schools, including charter
 1029  schools, unless a charter school elects to submit a plan
 1030  independently from the school district pursuant to subparagraph
 1031  2.
 1032         2. A charter school may develop and submit a detailed plan
 1033  outlining the local program and planned expenditures to its
 1034  governing body for approval. After the plan is approved by the
 1035  governing body, it must be provided to the charter school’s
 1036  sponsor.
 1037         (b) The plans required under paragraph (a) must be focused
 1038  on a multitiered system of supports to deliver evidence-based
 1039  mental health care assessment, diagnosis, intervention,
 1040  treatment, and recovery services to students with one or more
 1041  mental health or co-occurring substance abuse diagnoses and to
 1042  students at high risk of such diagnoses. The provision of these
 1043  services must be coordinated with a student’s primary mental
 1044  health care provider and with other mental health providers
 1045  involved in the student’s care. At a minimum, the plans must
 1046  include the following elements:
 1047         1. Direct employment of school-based mental health services
 1048  providers to expand and enhance school-based student services
 1049  and to reduce the ratio of students to staff in order to better
 1050  align with nationally recommended ratio models. These providers
 1051  include, but are not limited to, certified school counselors,
 1052  school psychologists, school social workers, and other licensed
 1053  mental health professionals. The plan also must establish
 1054  identify strategies to increase the amount of time that school
 1055  based student services personnel spend providing direct services
 1056  to students, which may include the review and revision of
 1057  district staffing resource allocations based on school or
 1058  student mental health assistance needs.
 1059         2. Contracts or interagency agreements with one or more
 1060  local community behavioral health providers or providers of
 1061  Community Action Team services to provide a behavioral health
 1062  staff presence and services at district schools. Services may
 1063  include, but are not limited to, mental health screenings and
 1064  assessments, individual counseling, family counseling, group
 1065  counseling, psychiatric or psychological services, trauma
 1066  informed care, mobile crisis services, and behavior
 1067  modification. These behavioral health services may be provided
 1068  on or off the school campus and may be supplemented by
 1069  telehealth.
 1070         3. Policies and procedures, including contracts with
 1071  service providers, which will ensure that students who are
 1072  referred to a school-based or community-based mental health
 1073  service provider for mental health screening for the
 1074  identification of mental health concerns and ensure that the
 1075  assessment of students at risk for mental health disorders
 1076  occurs within 15 days of referral. School-based mental health
 1077  services must be initiated within 15 days after identification
 1078  and assessment, and support by community-based mental health
 1079  service providers for students who are referred for community
 1080  based mental health services must be initiated within 30 days
 1081  after the school or district makes a referral.
 1082         4. Mental health policies and procedures that implement and
 1083  support all of the following elements:
 1084         a.Universal supports to promote psychological well-being
 1085  and safe and supportive environments.
 1086         b.Evidence-based strategies or programs to reduce the
 1087  likelihood of at-risk students developing social, emotional, or
 1088  behavioral health problems, depression, anxiety disorders,
 1089  suicidal tendencies, or substance use disorders.
 1090         c.5. Strategies to improve the early identification of
 1091  social, emotional, or behavioral problems or substance use
 1092  disorders; provide, to improve the provision of early
 1093  intervention services;, and to assist students in dealing with
 1094  trauma and violence.
 1095         d.Methods for responding to a student with suicidal
 1096  ideation, including training in suicide risk assessment and the
 1097  use of suicide awareness, prevention, and screening instruments
 1098  developed under s. 1012.583; adoption of guidelines for
 1099  informing parents of suicide risk; and implementation of board
 1100  policies for initiating involuntary examination of students at
 1101  risk of suicide.
 1102         e.A school crisis response plan that includes strategies
 1103  for the prevention of, preparation for, response to, and
 1104  recovery from a range of school crises. The plan must establish
 1105  or coordinate the implementation of district-level and school
 1106  level crisis response teams whose membership includes, but is
 1107  not limited to, representatives of school administration and
 1108  school-based mental health service providers.
 1109         (c) School districts shall submit approved plans, including
 1110  approved plans of each charter school in the district, to the
 1111  commissioner by August 1 of each fiscal year.
 1112         (d) By September 30 of each year Beginning September 30,
 1113  2019, and annually by September 30 thereafter, each school
 1114  district shall submit its district report to the department. By
 1115  November 1 of each year, the department shall submit a state
 1116  summary report to the Governor, the President of the Senate, and
 1117  the Speaker of the House of Representatives on Department of
 1118  Education a report on its program outcomes and expenditures for
 1119  the previous fiscal year. The school district report must
 1120  include program outcomes and expenditures for all public schools
 1121  in the district, including charter schools that submitted a
 1122  separate plan. At a minimum, the district and state reports also
 1123  must that, at a minimum, must include school district-level and
 1124  school-level, including charter schools, information, including
 1125  multiple-year trend data, when available, for each of the number
 1126  of each of the following indicators:
 1127         1. The number of students who receive screenings or
 1128  assessments.
 1129         2. The number of students who are referred to either
 1130  school-based or community-based providers for services or
 1131  assistance.
 1132         3. The number of students who receive either school-based
 1133  or community-based interventions, services, or assistance.
 1134         4. The number of school-based and community-based mental
 1135  health providers, including licensure type, paid for from funds
 1136  provided through the allocation.
 1137         5. The number and ratio to students of school social
 1138  workers, school psychologists, and certified school counselors
 1139  employed by the district or charter school and the total number
 1140  of licensed mental health professionals directly employed by the
 1141  district or charter school.
 1142         6. Contract-based collaborative efforts or partnerships
 1143  with community mental health programs, agencies, or providers.
 1144         Section 17. Except as otherwise expressly provided in this
 1145  act, this act shall take effect upon becoming a law.

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