Bill Text: FL S7026 | 2018 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Safety
Spectrum: Committee Bill
Status: (Passed) 2018-03-09 - Chapter No. 2018-3 [S7026 Detail]
Download: Florida-2018-S7026-Comm_Sub.html
Bill Title: Public Safety
Spectrum: Committee Bill
Status: (Passed) 2018-03-09 - Chapter No. 2018-3 [S7026 Detail]
Download: Florida-2018-S7026-Comm_Sub.html
Florida Senate - 2018 CS for SB 7026
By the Committees on Appropriations; and Rules
576-03829-18 20187026c1
1 A bill to be entitled
2 An act relating to public safety; providing a short
3 title; providing legislative findings; creating s.
4 16.63, F.S.; establishing the Medical Reimbursement
5 Program for Victims of Mass Shootings in the
6 Department of Legal Affairs; defining the term “mass
7 shooting”; requiring the department to reimburse
8 verified or designated trauma centers for certain
9 costs associated with treating victims for injuries
10 associated with a mass shooting; requiring a verified
11 or designated trauma center that requests a
12 reimbursement to accept it as payment in full;
13 amending s. 20.15, F.S.; establishing the Office of
14 Safe Schools within the Department of Education;
15 amending s. 394.463, F.S.; authorizing a law
16 enforcement officer to seize and hold firearms and
17 ammunition if taking custody of a person who poses a
18 potential danger to himself or herself or others and
19 who has made a credible threat against another person;
20 authorizing a law enforcement officer to seek the
21 voluntary surrender of firearms and ammunition kept in
22 the residence if the law enforcement officer takes
23 custody of the person at the person’s residence and
24 certain criteria are met; authorizing such law
25 enforcement officer to petition an appropriate court
26 for a risk protection order under certain
27 circumstances; requiring that firearms and ammunition
28 seized or voluntarily surrendered be returned within a
29 certain timeframe under specified circumstances;
30 requiring law enforcement agencies to develop policies
31 and procedures relating to the seizure, storage, and
32 return of firearms and ammunition; creating s.
33 790.064, F.S.; prohibiting a person who has been
34 adjudicated mentally defective or been committed to a
35 mental institution from owning or possessing a firearm
36 until certain relief is obtained; specifying that the
37 firearm possession and ownership disability runs
38 concurrently with the firearm purchase disability
39 under certain provisions; authorizing a person to
40 petition for relief from the firearm possession and
41 ownership disability; requiring that petitions for
42 relief follow certain procedures; authorizing such
43 person to petition for simultaneous relief; amending
44 s. 790.065, F.S.; prohibiting a person younger than a
45 certain age from purchasing a firearm; prohibiting the
46 sale or transfer, or facilitation of a sale or
47 transfer, of a firearm to a person younger than a
48 certain age by a licensed importer, licensed
49 manufacturer, or licensed dealer; providing criminal
50 penalties; providing exceptions; amending s. 790.0655,
51 F.S.; revising the mandatory waiting period to the
52 later of either 3 days, excluding weekends and legal
53 holidays, or upon the completion of certain records
54 checks; revising and redefining terms; requiring that
55 records of firearm sales be available for inspection
56 by any law enforcement agency during normal business
57 hours; revising applicability of the waiting period;
58 conforming provisions to changes made by the act;
59 creating s. 790.34, F.S.; defining the term “bump-fire
60 stock”; prohibiting the importation, transfer,
61 distribution, transport, sale, or giving of a bump
62 fire stock in this state; providing criminal
63 penalties; providing legislative intent; providing a
64 short title; creating s. 790.401, F.S.; defining
65 terms; creating an action known as a petition for a
66 risk protection order to prevent persons who are at
67 high risk of harming themselves or others from
68 accessing firearms or ammunition; providing
69 requirements for petitions for such orders; providing
70 duties for courts and clerks of court; prohibiting
71 fees for the filing of or service of process of such
72 petitions; providing for jurisdiction for such
73 petitions; requiring hearings on petitions within a
74 specified period; providing service requirements;
75 providing grounds that may be considered in
76 determining whether to grant such a petition;
77 providing requirements for proceedings; providing
78 requirements for risk protection orders; requiring the
79 court to inform a respondent of his or her right to
80 request a certain hearing; authorizing temporary ex
81 parte orders under certain circumstances; providing
82 requirements for petitions for such ex parte orders;
83 providing for service of orders; providing for the
84 termination or extension of an order; providing for
85 the surrender and storage of firearms, ammunition, and
86 licenses to carry a concealed weapon or firearm after
87 issuance of a risk protection order; requiring law
88 enforcement agencies to develop certain policies and
89 procedures by a certain date; providing for return of
90 firearms and ammunition upon the vacating or end
91 without the extension of an order under certain
92 circumstances; authorizing a respondent to elect to
93 transfer all firearms and ammunition surrendered or
94 seized by a law enforcement agency to another person
95 under certain circumstances; requiring an issuing
96 court to forward specified information concerning a
97 respondent to the Department of Agriculture and
98 Consumer Services within a specified timeframe;
99 requiring the department to suspend a license to carry
100 a concealed weapon or firearm which is held by a
101 person subject to such an order; prohibiting a person
102 from knowingly filing a petition for such an order
103 which contains materially false or misleading
104 information; providing criminal penalties; prohibiting
105 violations of such an order; providing criminal
106 penalties; providing construction; providing that the
107 risk protection order provisions do not create
108 liability for certain acts or omissions; requiring the
109 Office of the State Courts Administrator to develop
110 and distribute certain instructional and informational
111 material; creating s. 943.082, F.S.; requiring the
112 Department of Law Enforcement, in collaboration with
113 the Department of Legal Affairs, to competitively
114 procure a mobile suspicious activity tool with certain
115 features; requiring the department to receive certain
116 electronic reports; requiring the reporting tool to
117 notify the reporting party of certain information;
118 requiring the forwarding of certain information to
119 appropriate law enforcement agencies; requiring that
120 certain entities be made aware of the reporting tool;
121 requiring the department, in collaboration with
122 certain entities, to develop and provide certain
123 training and awareness relating to the reporting tool;
124 creating s. 943.687, F.S.; creating the Marjory
125 Stoneman Douglas High School Public Safety Commission
126 within the Florida Department of Law Enforcement;
127 requiring the commission to convene by a certain date;
128 specifying the composition of the commission;
129 requiring Florida Department of Law Enforcement staff
130 to assist the commission; specifying meeting
131 requirements; authorizing reimbursement for per diem
132 and travel expenses; providing the duties and
133 authority of the commission; requiring the commission
134 to submit an initial report to the Governor and the
135 Legislature within a specified time; providing for the
136 expiration of the commission; creating s. 1000.051,
137 F.S.; providing legislative intent regarding school
138 safety and security; creating s. 1001.217, F.S.;
139 creating the Office of Safe Schools; providing the
140 purpose and duties of the office; amending ss.
141 1002.221 and 1002.225, F.S.; providing for
142 construction regarding the applicability of public
143 records exemptions for security system plans and
144 security systems; amending s. 1006.04, F.S.;
145 establishing the Multiagency Service Network for
146 Students with Severe Emotional Disturbance; specifying
147 the goals and duties of the program; authorizing the
148 Legislature to provide funding to the department to
149 award grants; creating s. 1006.05, F.S.; providing a
150 purpose of the mental health assistance allocation;
151 requiring that school districts and charter schools
152 annually develop and submit certain detailed plans;
153 requiring that approved charter school plans be
154 provided to the district for submission to the
155 Commissioner of Education; providing that required
156 plans must include certain elements; requiring school
157 districts to annually submit approved plans to the
158 commissioner by a specified date; requiring that
159 entities receiving such allocations annually submit a
160 final report on program outcomes and specific
161 expenditures to the commissioner by a specified date;
162 amending s. 1006.07, F.S.; requiring district school
163 boards to formulate and prescribe policies and
164 procedures for active shooter situations; requiring
165 that active shooter situation training for each school
166 be conducted by the law enforcement agency or agencies
167 that are designated as first responders to the
168 school’s campus; requiring each school district to
169 designate a threat assessment team; requiring each
170 school district to conduct certain assessments in a
171 specified format; requiring a district school
172 superintendent to annually provide specified entities
173 with certain findings and certain strategy and
174 activity recommendations to improve school safety and
175 security; requiring that district school boards allow
176 campus tours by such law enforcement agency or
177 agencies at specified times and for specified
178 purposes; requiring that certain recommendations be
179 documented by such board or principal; requiring each
180 district school board to designate or appoint a
181 district school safety specialist; providing duties of
182 the school safety specialist; amending s. 1006.12,
183 F.S.; requiring district school boards to establish or
184 assign safe-school officers at each district school
185 facility within the district; requiring school
186 resource officers and school safety officers to
187 undergo specified evaluations; specifying that
188 participation in the Florida Sheriff’s Marshal Program
189 meets the requirement; creating s. 1006.149, F.S.;
190 establishing the Public School Emergency Response
191 Learning System Program within the department;
192 establishing the program as a partnership between
193 local law enforcement agencies and public education
194 entities; specifying activities, training,
195 notification systems, and resources provided through
196 the program; requiring each program participant to
197 develop a preemptive plan of action; authorizing
198 funding provided by the Legislature to implement the
199 program; creating s. 1006.1491, F.S.; creating the
200 Florida Sheriff’s Marshal Program within the
201 department; specifying a purpose; defining terms;
202 establishing program eligibility requirements;
203 authorizing special deputy sheriffs to perform certain
204 duties, under specified circumstances; specifying
205 training and instructional requirements; specifying
206 grounds for termination and denial of participants;
207 specifying implementation requirements; authorizing
208 funding as provided by the Legislature; creating s.
209 1006.1493, F.S.; requiring the department to contract
210 with a security consulting firm to develop, update,
211 and implement a risk assessment tool; providing
212 requirements for the Florida Safe Schools Assessment
213 Tool; requiring reports, training, and advice in the
214 security consulting firm contract; requiring a
215 specified annual report to the Governor and
216 Legislature by a specified date; providing for
217 construction regarding the applicability of public
218 records exemptions for certain security data and
219 information; amending s. 1011.62, F.S.; expanding the
220 safe schools allocation to provide funding for
221 specified school safety provisions; creating the
222 mental health assistance allocation; providing the
223 purpose of the allocation; requiring that funds be
224 allocated annually in the General Appropriations Act;
225 providing for the annual allocation of such funds on a
226 specified basis; providing that eligible charter
227 schools are entitled to a proportionate share;
228 prohibiting the use of allocated funds to supplant
229 funds provided from other operating funds, to increase
230 salaries, or to provide bonuses, except in certain
231 circumstances; requiring that school districts and
232 schools maximize certain third-party funding;
233 reenacting ss. 397.6760(2) and 790.335(3)(e), F.S.;
234 relating to the confidentiality of court records and
235 exceptions to the prohibition of registration of
236 firearms, respectively, to incorporate the amendment
237 made to s. 790.065, F.S., in references thereto;
238 requiring the Department of Agriculture and Consumer
239 Services to transfer, annually and by a specified
240 date, a percentage of the fees collected for new and
241 renewal concealed weapon or firearm licenses from the
242 Division of Licensing Trust Fund to the Department of
243 Legal Affairs to reimburse the trauma centers;
244 providing appropriations; providing an effective date.
245
246 Be It Enacted by the Legislature of the State of Florida:
247
248 Section 1. This act may be cited as the “Marjory Stoneman
249 Douglas High School Public Safety Act.”
250 Section 2. The Legislature finds there is a need to
251 comprehensively address the crisis of gun violence, including
252 but not limited to, gun violence on school campuses. The
253 Legislature intends to address this crisis by providing law
254 enforcement and the courts with the tools to enhance public
255 safety by temporarily restricting firearm possession by a person
256 who is undergoing a mental health crisis and when there is
257 evidence of a threat of violence, and by promoting school safety
258 and enhanced coordination between education and law enforcement
259 entities at the state and local level.
260 Section 3. Section 16.63, Florida Statutes, is created to
261 read:
262 16.63 Medical Reimbursement Program for Victims of Mass
263 Shootings.—The Medical Reimbursement Program for Victims of Mass
264 Shootings is established in the Department of Legal Affairs to
265 reimburse trauma centers verified or designated pursuant to s.
266 395.4025 for the medical costs of treating victims for injuries
267 associated with a mass shooting. As used in this section, the
268 term “mass shooting” means an incident in which four or more
269 people are killed or injured by firearms in one or more
270 locations in close proximity. The Department of Legal Affairs
271 must reimburse such trauma centers based on a department
272 approved fee schedule for the documented medical costs of
273 treating victims for injuries associated with a mass shooting. A
274 trauma center that requests a reimbursement through the program
275 must accept the reimbursement as payment in full and may not
276 bill the victim of a mass shooting or his or her family.
277 Section 4. Paragraph (j) is added to subsection (3) of
278 section 20.15, Florida Statutes, to read:
279 20.15 Department of Education.—There is created a
280 Department of Education.
281 (3) DIVISIONS.—The following divisions of the Department of
282 Education are established:
283 (j) The Office of Safe Schools.
284 Section 5. Paragraphs (c) and (d) of subsection (2) of
285 section 394.463, Florida Statutes, are amended to read:
286 394.463 Involuntary examination.—
287 (2) INVOLUNTARY EXAMINATION.—
288 (c) A law enforcement officer acting in accordance with an
289 ex parte order issued pursuant to this subsection may:
290 1. Serve and execute such order on any day of the week, at
291 any time of the day or night; and
292 2. Use such reasonable physical force as is necessary to
293 gain entry to the premises, and any dwellings, buildings, or
294 other structures located on the premises, and take custody of
295 the person who is the subject of the ex parte order.
296 (d)1. A law enforcement officer taking custody of a person
297 under this subsection may seize and hold a firearm or any
298 ammunition the person possesses at the time of taking him or her
299 into custody if the person poses a potential danger to himself
300 or herself or others and has made a credible threat of violence
301 against another person.
302 2. If the law enforcement officer takes custody of the
303 person at the person’s residence and the criteria in
304 subparagraph 1. have been met, the law enforcement officer may
305 seek the voluntary surrender of firearms or ammunition kept in
306 the residence which have not already been seized under
307 subparagraph 1. If such firearms or ammunition are not
308 voluntarily surrendered, or if the person has other firearms or
309 ammunition that were not seized or voluntarily surrendered when
310 he or she was taken into custody, a law enforcement officer may
311 petition the appropriate court under s. 790.401 for a risk
312 protection order against the person.
313 3. Firearms or ammunition seized or voluntarily surrendered
314 under this paragraph must be made available for return no later
315 than 24 hours after the person taken into custody can document
316 that he or she is no longer subject to involuntary examination
317 and has been released or discharged from any inpatient treatment
318 provided or ordered under paragraph (g), unless a risk
319 protection order entered under s. 790.401 directs the law
320 enforcement agency to hold the firearms or ammunition for a
321 longer period.
322 4. Law enforcement agencies must develop policies and
323 procedures relating to the seizure, storage, and return of
324 firearms or ammunition held under this paragraph. A law
325 enforcement officer acting in accordance with an ex parte order
326 issued pursuant to this subsection may use such reasonable
327 physical force as is necessary to gain entry to the premises,
328 and any dwellings, buildings, or other structures located on the
329 premises, and to take custody of the person who is the subject
330 of the ex parte order.
331 Section 6. Section 790.064, Florida Statutes, is created to
332 read:
333 790.064 Firearm possession and firearm ownership
334 disability.—
335 (1) A person who has been adjudicated mentally defective or
336 who has been committed to a mental institution, as those terms
337 are defined in s. 790.065(2), may not own a firearm or possess a
338 firearm until relief from the firearm possession and firearm
339 ownership disability is obtained.
340 (2) The firearm possession and firearm ownership disability
341 runs concurrently with the firearm purchase disability provided
342 in s. 790.065(2).
343 (3) A person may petition the court that made the
344 adjudication or commitment, or that ordered that the record be
345 submitted to the Department of Law Enforcement pursuant to s.
346 790.065(2), for relief from the firearm possession and firearm
347 ownership disability.
348 (4) The person seeking relief must follow the procedures
349 set forth in s. 790.065(2) for obtaining relief from the firearm
350 purchase disability in seeking relief from the firearm
351 possession and firearm ownership disability.
352 (5) The person may seek relief from the firearm possession
353 and firearm ownership disability simultaneously with the relief
354 being sought from the firearm purchase disability, if such
355 relief is sought, pursuant to the procedure set forth in s.
356 790.065(2).
357 Section 7. Present subsection (13) of section 790.065,
358 Florida Statutes, is redesignated as subsection (14), and a new
359 subsection (13) is added to that section, to read:
360 790.065 Sale and delivery of firearms.—
361 (13) A person younger than 21 years of age may not purchase
362 a firearm. The sale or transfer of a firearm to a person younger
363 than 21 years of age may not be made or facilitated by a
364 licensed importer, licensed manufacturer, or licensed dealer. A
365 person who violates this subsection commits a felony of the
366 third degree, punishable as provided in s. 775.082, s. 775.083,
367 or s. 775.084. The prohibitions of this subsection do not apply
368 to the purchase of a rifle or shotgun by a law enforcement
369 officer or a correctional officer, as those terms are defined in
370 s. 943.10, or to a person on active duty in the Armed Forces of
371 the United States or full-time duty in the National Guard.
372 Section 8. Section 790.0655, Florida Statutes, is amended
373 to read:
374 790.0655 Purchase and delivery of firearms handguns;
375 mandatory waiting period; exceptions; penalties.—
376 (1)(a) There shall be A mandatory 3-day waiting period is
377 imposed between the purchase and delivery of a firearm. The
378 mandatory waiting period is, which shall be 3 days, excluding
379 weekends and legal holidays, or expires upon the completion of
380 the records checks required under s. 790.065, whichever occurs
381 later between the purchase and the delivery at retail of any
382 handgun. “Purchase” means the transfer of money or other
383 valuable consideration to the retailer. “Handgun” means a
384 firearm capable of being carried and used by one hand, such as a
385 pistol or revolver. “Retailer” means and includes a licensed
386 importer, licensed manufacturer, or licensed dealer every person
387 engaged in the business of making firearm sales at retail or for
388 distribution, or use, or consumption, or storage to be used or
389 consumed in this state, as defined in s. 212.02(13).
390 (b) Records of firearm handgun sales must be available for
391 inspection by any law enforcement agency, as defined in s.
392 934.02, during normal business hours.
393 (2) The 3-day waiting period does shall not apply in the
394 following circumstances:
395 (a) When a firearm handgun is being purchased by a holder
396 of a concealed weapons permit as defined in s. 790.06.
397 (b) To a trade-in of another firearm handgun.
398 (c) To a person who completes a minimum of a 16-hour hunter
399 education or hunter safety course approved by the Fish and
400 Wildlife Conservation Commission or similar agency of another
401 state, unless that person is purchasing a handgun.
402 (3) It is a felony of the third degree, punishable as
403 provided in s. 775.082, s. 775.083, or s. 775.084:
404 (a) For any retailer, or any employee or agent of a
405 retailer, to deliver a firearm handgun before the expiration of
406 the 3-day waiting period, subject to the exceptions provided in
407 subsection (2).
408 (b) For a purchaser to obtain delivery of a firearm handgun
409 by fraud, false pretense, or false representation.
410 Section 9. Section 790.34, Florida Statutes, is created to
411 read:
412 790.34 Prohibited device for firearm.—
413 (1) DEFINITION.—As used in this section, the term “bump
414 fire stock” means a gun conversion kit, a tool, an accessory, or
415 a device used to alter the rate of fire of a firearm to mimic
416 automatic weapon fire or which is used to increase the rate of
417 fire of a semiautomatic firearm to a faster rate than is
418 possible for a person to fire such semiautomatic firearm
419 unassisted by a kit, a tool, an accessory, or a device.
420 (2) SALE OR TRANSFER.—A person may not import into this
421 state or, within this state, transfer, distribute, transport,
422 sell, keep for sale, offer or expose for sale, or give a bump
423 fire stock to another person. A person who violates this
424 subsection commits a felony of the third degree, punishable as
425 provided in s. 775.082, s. 775.083, or s. 775.084.
426 Section 10. (1) Section 790.401, Florida Statutes, is
427 intended to temporarily prevent individuals who are at high risk
428 of harming themselves or others from accessing firearms or
429 ammunition by allowing law enforcement officers to obtain a
430 court order when there is demonstrated evidence that a person
431 poses a significant danger to himself or herself or others,
432 including significant danger as a result of a mental health
433 crisis or violent behavior.
434 (2) The purpose and intent of s. 790.401, Florida Statutes,
435 is to reduce deaths and injuries as a result of certain
436 individuals’ use of firearms while respecting constitutional
437 rights by providing a judicial procedure for law enforcement
438 officers to obtain a court order temporarily restricting a
439 person’s access to firearms and ammunition. The process
440 established by s. 790.401, Florida Statutes, is intended to
441 apply only to situations in which the person poses a significant
442 danger of harming himself or herself or others by possessing a
443 firearm or ammunition and to include standards and safeguards to
444 protect the rights of respondents and due process of law.
445 Section 11. Section 790.401, Florida Statutes, may be cited
446 as “The Risk Protection Order Act.”
447 Section 12. Section 790.401, Florida Statutes, is created
448 to read:
449 790.401 Risk protection orders.—
450 (1) DEFINITIONS.—As used in this section, the term:
451 (a) “Petitioner” means a law enforcement officer or a law
452 enforcement agency that petitions a court for a risk protection
453 order under this section.
454 (b) “Respondent” means the individual who is identified as
455 the respondent in a petition filed under this section.
456 (c) “Risk protection order” means a temporary ex parte
457 order or a final order granted under this section.
458 (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
459 an action known as a petition for a risk protection order.
460 (a) A petition for a risk protection order may be filed by
461 a law enforcement officer or law enforcement agency.
462 (b) An action under this section must be filed in the
463 county where the petitioner’s law enforcement office is located
464 or the county where the respondent resides.
465 (c) Such petition for a risk protection order does not
466 require either party to be represented by an attorney.
467 (d) Notwithstanding any other law, attorney fees may not be
468 awarded in any proceeding under this section.
469 (e) A petition must:
470 1. Allege that the respondent poses a significant danger of
471 causing personal injury to himself or herself or others by
472 having a firearm or any ammunition in his or her custody or
473 control or by purchasing, possessing, or receiving a firearm or
474 any ammunition, and must be accompanied by an affidavit made
475 under oath stating the specific statements, actions, or facts
476 that give rise to a reasonable fear of significant dangerous
477 acts by the respondent;
478 2. Identify the quantities, types, and locations of all
479 firearms and ammunition the petitioner believes to be in the
480 respondent’s current ownership, possession, custody, or control;
481 and
482 3. Identify whether there is a known existing protection
483 order governing the respondent under s. 741.30, s. 784.046, or
484 s. 784.0485 or under any other applicable statute.
485 (f) The petitioner must make a good faith effort to provide
486 notice to a family or household member of the respondent and to
487 any known third party who may be at risk of violence. The notice
488 must state that the petitioner intends to petition the court for
489 a risk protection order or has already done so and must include
490 referrals to appropriate resources, including mental health,
491 domestic violence, and counseling resources. The petitioner must
492 attest in the petition to having provided such notice or must
493 attest to the steps that will be taken to provide such notice.
494 (g) The petitioner must list the address of record on the
495 petition as being where the appropriate law enforcement agency
496 is located.
497 (h) A court or a public agency may not charge fees for
498 filing or for service of process to a petitioner seeking relief
499 under this section and must provide the necessary number of
500 certified copies, forms, and instructional brochures free of
501 charge.
502 (i) A person is not required to post a bond to obtain
503 relief in any proceeding under this section.
504 (j) The circuit courts of this state have jurisdiction over
505 proceedings under this section.
506 (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
507 (a) Upon receipt of a petition, the court must order a
508 hearing to be held no later than 14 days after the date of the
509 order and must issue a notice of hearing to the respondent for
510 the same.
511 1. The clerk of the court shall cause a copy of the notice
512 of hearing and petition to be forwarded on or before the next
513 business day to the appropriate law enforcement agency for
514 service upon the respondent as provided in subsection (5).
515 2. The court may, as provided in subsection (4), issue a
516 temporary ex parte risk protection order pending the hearing
517 ordered under this subsection. Such temporary ex parte order
518 must be served concurrently with the notice of hearing and
519 petition as provided in subsection (5).
520 3. The court may conduct a hearing by telephone pursuant to
521 a local court rule to reasonably accommodate a disability or
522 exceptional circumstances. The court must receive assurances of
523 the petitioner’s identity before conducting a telephonic
524 hearing.
525 (b) Upon notice and a hearing on the matter, if the court
526 finds by clear and convincing evidence that the respondent poses
527 a significant danger of causing personal injury to himself or
528 herself or others by having in his or her custody or control, or
529 by purchasing, possessing, or receiving, a firearm or any
530 ammunition, the court must issue a risk protection order for a
531 period that it deems appropriate, up to and including but not
532 exceeding 12 months.
533 (c) In determining whether grounds for a risk protection
534 order exist, the court may consider any relevant evidence,
535 including, but not limited to, any of the following:
536 1. A recent act or threat of violence by the respondent
537 against himself or herself or others, whether or not such
538 violence or threat of violence involves a firearm.
539 2. An act or threat of violence by the respondent within
540 the past 12 months, including, but not limited to, acts or
541 threats of violence by the respondent against himself or herself
542 or others.
543 3. Evidence of the respondent being seriously mentally ill
544 or having recurring mental health issues.
545 4. A violation by the respondent of a risk protection order
546 or a no contact order issued under s. 741.30, s. 784.046, or s.
547 784.0485.
548 5. A previous or existing risk protection order issued
549 against the respondent.
550 6. A violation of a previous or existing risk protection
551 order issued against the respondent.
552 7. Whether the respondent, in this state or any other
553 state, has been convicted of, had adjudication withheld on, or
554 pled nolo contendere to a crime that constitutes domestic
555 violence as defined in s. 741.28.
556 8. The respondent’s ownership of, access to, or intent to
557 possess firearms or ammunition.
558 9. The unlawful or reckless use, display, or brandishing of
559 a firearm by the respondent.
560 10. The recurring use of, or threat to use, physical force
561 by the respondent against another person or the respondent
562 stalking another person.
563 11. Whether the respondent, in this state or any other
564 state, has been arrested for, convicted of, had adjudication
565 withheld on, or pled nolo contendere to a crime involving
566 violence or a threat of violence.
567 12. Corroborated evidence of the abuse of controlled
568 substances or alcohol by the respondent.
569 13. Evidence of recent acquisition of firearms or
570 ammunition by the respondent.
571 14. Any relevant information from family and household
572 members concerning the respondent.
573 (d) A person, including an officer of the court, who offers
574 evidence or recommendations relating to the cause of action
575 either must present the evidence or recommendations in writing
576 to the court with copies to each party and his or her attorney,
577 if one is retained, or must present the evidence under oath at a
578 hearing at which all parties are present.
579 (e) In a hearing under this section, the rules of evidence
580 apply to the same extent as in a domestic violence injunction
581 proceeding under s. 741.30.
582 (f) During the hearing, the court must consider whether a
583 mental health evaluation or chemical dependency evaluation is
584 appropriate and, if such determination is made, may order such
585 evaluations, if appropriate.
586 (g) A risk protection order must include all of the
587 following:
588 1. A statement of the grounds supporting the issuance of
589 the order;
590 2. The date the order was issued;
591 3. The date the order ends;
592 4. Whether a mental health evaluation or chemical
593 dependency evaluation of the respondent is required;
594 5. The address of the court in which any responsive
595 pleading should be filed;
596 6. A description of the requirements for the surrender of
597 firearms and ammunition under subsection (7); and
598 7. The following statement:
599
600 “To the subject of this protection order: This order will last
601 until the date noted above. If you have not done so already, you
602 must surrender immediately to the (insert name of local law
603 enforcement agency) all firearms and ammunition in your custody,
604 control, or possession and any license to carry a concealed
605 weapon or firearm issued to you under s. 790.06, Florida
606 Statutes. You may not have in your custody or control, or
607 purchase, possess, receive, or attempt to purchase or receive, a
608 firearm or ammunition while this order is in effect. You have
609 the right to request one hearing to vacate this order, starting
610 after the date of the issuance of this order, and to request
611 another hearing after every extension of the order, if any. You
612 may seek the advice of an attorney as to any matter connected
613 with this order.”
614
615 (h) If the court issues a risk protection order, the court
616 must inform the respondent that he or she is entitled to request
617 a hearing to vacate the order in the manner provided by
618 subsection (6). The court shall provide the respondent with a
619 form to request a hearing to vacate.
620 (i) If the court denies the petitioner’s request for a risk
621 protection order, the court must state the particular reasons
622 for the denial.
623 (4) TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
624 (a) A petitioner may request that a temporary ex parte risk
625 protection order be issued before a hearing for a risk
626 protection order, without notice to the respondent, by including
627 in the petition detailed allegations based on personal knowledge
628 that the respondent poses a significant danger of causing
629 personal injury to himself or herself or others in the near
630 future by having in his or her custody or control, or by
631 purchasing, possessing, or receiving, a firearm or ammunition.
632 (b) In considering whether to issue a temporary ex parte
633 risk protection order under this section, the court shall
634 consider all relevant evidence, including the evidence described
635 in paragraph (3)(c).
636 (c) If a court finds there is reasonable cause to believe
637 that the respondent poses a significant danger of causing
638 personal injury to himself or herself or others in the near
639 future by having in his or her custody or control, or by
640 purchasing, possessing, or receiving, a firearm or ammunition,
641 the court must issue a temporary ex parte risk protection order.
642 (d) The court must hold a temporary ex parte risk
643 protection order hearing in person or by telephone on the day
644 the petition is filed or on the business day immediately
645 following the day the petition is filed.
646 (e) A temporary ex parte risk protection order must include
647 all of the following:
648 1. A statement of the grounds asserted for the order;
649 2. The date the order was issued;
650 3. The address of the court in which any responsive
651 pleading may be filed;
652 4. The date and time of the scheduled hearing;
653 5. A description of the requirements for surrender of
654 firearms and ammunition under subsection (7); and
655 6. The following statement:
656
657 “To the subject of this protection order: This order is valid
658 until the date noted above. You are required to surrender all
659 firearms and ammunition in your custody, control, or possession.
660 You may not have in your custody or control, or purchase,
661 possess, receive, or attempt to purchase or receive, a firearm
662 or ammunition while this order is in effect. You must surrender
663 immediately to the (insert name of local law enforcement agency)
664 all firearms and ammunition in your custody, control, or
665 possession and any license to carry a concealed weapon or
666 firearm issued to you under s. 790.06, Florida Statutes. A
667 hearing will be held on the date and at the time noted above to
668 determine if a risk protection order should be issued. Failure
669 to appear at that hearing may result in a court issuing an order
670 against you which is valid for 1 year. You may seek the advice
671 of an attorney as to any matter connected with this order.”
672
673 (f) A temporary ex parte risk protection order ends upon
674 the hearing on the risk protection order.
675 (g) A temporary ex parte risk protection order must be
676 served by a law enforcement officer in the same manner as
677 provided for in subsection (5) for service of the notice of
678 hearing and petition and must be served concurrently with the
679 notice of hearing and petition.
680 (h) If the court denies the petitioner’s request for a
681 temporary ex parte risk protection order, the court must state
682 the particular reasons for the denial.
683 (5) SERVICE.—
684 (a) The clerk of the court shall furnish a copy of the
685 notice of hearing, petition, and temporary ex parte risk
686 protection order or risk protection order, as applicable, to the
687 sheriff of the county where the respondent resides or can be
688 found, who shall serve it upon the respondent as soon thereafter
689 as possible on any day of the week and at any time of the day or
690 night. When requested by the sheriff, the clerk of the court may
691 transmit a facsimile copy of a temporary ex parte risk
692 protection order or a risk protection order that has been
693 certified by the clerk of the court, and this facsimile copy may
694 be served in the same manner as a certified copy. Upon receiving
695 a facsimile copy, the sheriff must verify receipt with the
696 sender before attempting to serve it upon the respondent. The
697 clerk of the court shall be responsible for furnishing to the
698 sheriff information on the respondent’s physical description and
699 location. Notwithstanding any other provision of law to the
700 contrary, the chief judge of each circuit, in consultation with
701 the appropriate sheriff, may authorize a law enforcement agency
702 within the jurisdiction to effect service. A law enforcement
703 agency effecting service pursuant to this section shall use
704 service and verification procedures consistent with those of the
705 sheriff. Service under this section takes precedence over the
706 service of other documents, unless the other documents are of a
707 similar emergency nature.
708 (b) All orders issued, changed, continued, extended, or
709 vacated after the original service of documents specified in
710 paragraph (a) must be certified by the clerk of the court and
711 delivered to the parties at the time of the entry of the order.
712 The parties may acknowledge receipt of such order in writing on
713 the face of the original order. If a party fails or refuses to
714 acknowledge the receipt of a certified copy of an order, the
715 clerk shall note on the original order that service was
716 effected. If delivery at the hearing is not possible, the clerk
717 shall mail certified copies of the order to the parties at the
718 last known address of each party. Service by mail is complete
719 upon mailing. When an order is served pursuant to this
720 subsection, the clerk shall prepare a written certification to
721 be placed in the court file specifying the time, date, and
722 method of service and shall notify the sheriff.
723 (6) TERMINATION AND EXTENSION OF ORDERS.—
724 (a) The respondent may submit one written request for a
725 hearing to vacate a risk protection order issued under this
726 section, starting after the date of the issuance of the order,
727 and may request another hearing after every extension of the
728 order, if any.
729 1. Upon receipt of the request for a hearing to vacate a
730 risk protection order, the court shall set a date for a hearing.
731 Notice of the request must be served on the petitioner in
732 accordance with subsection (5). The hearing must occur no sooner
733 than 14 days and no later than 30 days after the date of service
734 of the request upon the petitioner.
735 2. The respondent shall have the burden of proving by clear
736 and convincing evidence that the respondent does not pose a
737 significant danger of causing personal injury to himself or
738 herself or others by having in his or her custody or control,
739 purchasing, possessing, or receiving a firearm or ammunition.
740 The court may consider any relevant evidence, including evidence
741 of the considerations listed in paragraph (3)(c).
742 3. If the court finds after the hearing that the respondent
743 has met his or her burden of proof, the court must vacate the
744 order.
745 4. The law enforcement agency holding any firearm or
746 ammunition or license to carry a concealed weapon or firearm
747 that has been surrendered pursuant to this section shall be
748 notified of the court order to vacate the risk protection order.
749 (b) The court must notify the petitioner of the impending
750 end of a risk protection order. Notice must be received by the
751 petitioner at least 30 days before the date the order ends.
752 (c) The petitioner may, by motion, request an extension of
753 a risk protection order at any time within 30 days before the
754 end of the order.
755 1. Upon receipt of the motion to extend, the court shall
756 order that a hearing be held no later than 14 days after the
757 date the order is issued and shall schedule such hearing.
758 a. The court may schedule a hearing by telephone in the
759 manner provided by subparagraph (3)(a)3.
760 b. The respondent must be personally served in the same
761 manner provided by subsection (5).
762 2. In determining whether to extend a risk protection order
763 issued under this section, the court may consider all relevant
764 evidence, including evidence of the considerations listed in
765 paragraph (3)(c).
766 3. If the court finds by clear and convincing evidence that
767 the requirements for issuance of a risk protection order as
768 provided in subsection (3) continue to be met, the court must
769 extend the order. However, if, after notice, the motion for
770 extension is uncontested and no modification of the order is
771 sought, the order may be extended on the basis of a motion or
772 affidavit stating that there has been no material change in
773 relevant circumstances since entry of the order and stating the
774 reason for the requested extension.
775 4. The court may extend a risk protection order for a
776 period that it deems appropriate, up to and including but not
777 exceeding 12 months, subject to an order to vacate as provided
778 in paragraph (a) or to another extension order by the court.
779 (7) SURRENDER OF FIREARMS AND AMMUNITION.—
780 (a) Upon issuance of a risk protection order under this
781 section, including a temporary ex parte risk protection order,
782 the court shall order the respondent to surrender to the local
783 law enforcement agency all firearms and ammunition in the
784 respondent’s custody, control, or possession except as provided
785 in subsection (9), and any license to carry a concealed weapon
786 or firearm issued under s. 790.06.
787 (b) The law enforcement officer serving a risk protection
788 order under this section, including a temporary ex parte risk
789 protection order, shall request that the respondent immediately
790 surrender all firearms and ammunition in his or her custody,
791 control, or possession and any license to carry a concealed
792 weapon or firearm issued under s. 790.06. The law enforcement
793 officer shall take possession of all firearms and ammunition
794 belonging to the respondent which are surrendered.
795 Alternatively, if personal service by a law enforcement officer
796 is not possible or is not required because the respondent was
797 present at the risk protection order hearing, the respondent
798 must surrender any firearms, ammunition, and license to carry a
799 concealed weapon or firearm in a safe manner to the control of
800 the local law enforcement agency immediately after being served
801 with the order by service or immediately after the hearing at
802 which the respondent was present. Notwithstanding ss. 933.02 and
803 933.18, a law enforcement officer may seek a search warrant from
804 a court of competent jurisdiction to conduct a search for
805 firearms or ammunition if the officer has probable cause to
806 believe that there are firearms or ammunition in the
807 respondent’s custody, control, or possession which have not been
808 surrendered.
809 (c) At the time of surrender, a law enforcement officer
810 taking possession of a firearm, any ammunition, or a license to
811 carry a concealed weapon or firearm shall issue a receipt
812 identifying all firearms and the quantity and type of ammunition
813 that have been surrendered and shall provide a copy of the
814 receipt to the respondent. Within 72 hours after service of the
815 order, the law enforcement officer serving the order shall file
816 the original receipt with the court and shall ensure that his or
817 her law enforcement agency retains a copy of the receipt.
818 (d) Notwithstanding ss. 933.02 and 933.18, upon the sworn
819 statement or testimony of any person alleging that the
820 respondent has failed to comply with the surrender of firearms
821 or ammunition as required by an order issued under this section,
822 the court shall determine whether probable cause exists to
823 believe that the respondent has failed to surrender all firearms
824 or ammunition in his or her custody, control, or possession. If
825 the court finds that probable cause exists, the court must issue
826 a warrant describing the firearms or ammunition and authorizing
827 a search of the locations where the firearms or ammunition are
828 reasonably believed to be found and the seizure of any firearms
829 or ammunition discovered pursuant to such search.
830 (e) If a person other than the respondent claims title to
831 any firearms or ammunition surrendered pursuant to this section
832 and he or she is determined by the law enforcement agency to be
833 the lawful owner of the firearm or ammunition, the firearm or
834 ammunition shall be returned to him or her, if:
835 1. The lawful owner agrees to store the firearm or
836 ammunition in a manner such that the respondent does not have
837 access to or control of the firearm or ammunition.
838 2. The firearm or ammunition is not otherwise unlawfully
839 possessed by the owner.
840 (f) Upon the issuance of a risk protection order, the court
841 shall order a new hearing date and require the respondent to
842 appear no later than 3 business days after the issuance of the
843 order. The court shall require proof that the respondent has
844 surrendered any firearms or ammunition in his or her custody,
845 control, or possession. The court may cancel the hearing upon a
846 satisfactory showing that the respondent is in compliance with
847 the order.
848 (g) All law enforcement agencies must develop policies and
849 procedures by January 1, 2019, regarding the acceptance,
850 storage, and return of firearms, ammunition, or licenses
851 required to be surrendered under this section.
852 (8) RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
853 (a) If a risk protection order is vacated or ends without
854 extension, a law enforcement agency holding a firearm or any
855 ammunition that has been surrendered or seized pursuant to this
856 section must return such surrendered firearm or ammunition
857 requested by a respondent only after confirming through a
858 background check that the respondent is currently eligible to
859 own or possess firearms and ammunition under federal and state
860 law and after confirming with the court that the risk protection
861 order has been vacated or has ended without extension.
862 (b) If a risk protection order is vacated or ends without
863 extension, the Department of Agriculture and Consumer Services,
864 if it has suspended a license to carry a concealed weapon or
865 firearm pursuant to this section, must reinstate such license
866 only after confirming that the respondent is currently eligible
867 to have a license to carry a concealed weapon or firearm
868 pursuant to s. 790.06.
869 (c) A law enforcement agency must provide notice to any
870 family or household members of the respondent before the return
871 of any surrendered firearm and ammunition.
872 (d) Any firearm and ammunition surrendered by a respondent
873 pursuant to subsection (7) which remains unclaimed by the lawful
874 owner after an order to vacate the risk protection order shall
875 be disposed of in accordance with the law enforcement agency’s
876 policies and procedures for the disposal of firearms in police
877 custody.
878 (9) TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
879 elect to transfer all firearms and ammunition that have been
880 surrendered to or seized by a local law enforcement agency
881 pursuant to subsection (7) to another person who is willing to
882 receive the respondent’s firearms and ammunition. The law
883 enforcement agency may allow such a transfer only if it is
884 determined that the chosen recipient:
885 (a) Currently is eligible to own or possess a firearm and
886 ammunition under federal and state law after confirmation
887 through a background check;
888 (b) Attests to storing the firearms and ammunition in a
889 manner such that the respondent does not have access to or
890 control of the firearms and ammunition until the risk protection
891 order against the respondent is vacated or ends without
892 extension; and
893 (c) Attests not to transfer the firearms or ammunition back
894 to the respondent until the risk protection order against the
895 respondent is vacated or ends without extension.
896 (10) REPORTING OF ORDERS.—
897 (a) Within 24 hours after issuance, the clerk of the court
898 shall enter any risk protection order or temporary ex parte risk
899 protection order issued under this section into the uniform case
900 reporting system.
901 (b) Within 24 hours after issuance, the clerk of the court
902 shall forward a copy of an order issued under this section to
903 the appropriate law enforcement agency specified in the order.
904 Upon receipt of the copy of the order, the law enforcement
905 agency shall enter the order into the National Instant Criminal
906 Background Check System, any other federal or state computer
907 based systems used by law enforcement agencies or others to
908 identify prohibited purchasers of firearms or ammunition, and
909 into any computer-based criminal intelligence information system
910 available in this state used by law enforcement agencies to list
911 outstanding warrants. The order must remain in each system for
912 the period stated in the order, and the law enforcement agency
913 shall only remove orders from the systems that have ended or
914 been vacated. Entry into the Florida Crime Information Center
915 and National Crime Information Center constitutes notice to all
916 law enforcement agencies of the existence of the order. The
917 order is fully enforceable in any county in this state.
918 (c) The issuing court shall, within 3 business days after
919 issuance of a risk protection order or temporary ex parte risk
920 protection order, forward all available identifying information
921 concerning the respondent, along with the date of order
922 issuance, to the Department of Agriculture and Consumer
923 Services. Upon receipt of the information, the department shall
924 determine if the respondent has a license to carry a concealed
925 weapon or firearm. If the respondent does have a license to
926 carry a concealed weapon or firearm, the department must
927 immediately suspend the license.
928 (d) If a risk protection order is vacated before its end
929 date, the clerk of the court shall, on the day of the order to
930 vacate, forward a copy of the order to the Department of
931 Agriculture and Consumer Services and the appropriate law
932 enforcement agency specified in the order to vacate. Upon
933 receipt of the order, the law enforcement agency shall promptly
934 remove the order from any computer-based system in which it was
935 entered pursuant to paragraph (b).
936 (11) PENALTIES.—
937 (a) A person who files a petition under this section
938 knowing the information in such petition is materially false, or
939 files with the intent to harass the respondent, commits a
940 misdemeanor of the first degree, punishable as provided in s.
941 775.082 or s. 775.083.
942 (b) A person who has in his or her custody or control a
943 firearm or any ammunition or who purchases, possesses, or
944 receives a firearm or any ammunition with knowledge that he or
945 she is prohibited from doing so by an order issued under this
946 section commits a felony of the third degree, punishable as
947 provided in s. 775.082, s. 775.083, or s. 775.084.
948 (12) LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
949 does not affect the ability of a law enforcement officer to
950 remove a firearm or ammunition or license to carry a concealed
951 weapon or concealed firearm from any person or to conduct any
952 search and seizure for firearms or ammunition pursuant to other
953 lawful authority.
954 (13) LIABILITY.—Except as provided in subsection (10) or
955 subsection (11), this section does not impose criminal or civil
956 liability on any person or entity for acts or omissions related
957 to obtaining a risk protection order or temporary ex parte risk
958 protection order, including, but not limited to, providing
959 notice to the petitioner, a family or household member of the
960 respondent, and any known third party who may be at risk of
961 violence or failure to provide such notice, or reporting,
962 declining to report, investigating, declining to investigate,
963 filing, or declining to file, a petition under this section.
964 (14) INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
965 (a) The Office of the State Courts Administrator shall
966 develop and prepare instructions and informational brochures,
967 standard petitions and risk protection order forms, and a court
968 staff handbook on the risk protection order process. The
969 standard petition and order forms must be used after January 1,
970 2019, for all petitions filed and orders issued pursuant to this
971 section. The office shall determine the significant non-English
972 speaking or limited English-speaking populations in the state
973 and prepare the instructions and informational brochures and
974 standard petitions and risk protection order forms in such
975 languages. The instructions, brochures, forms, and handbook must
976 be prepared in consultation with interested persons, including
977 representatives of gun violence prevention groups, judges, and
978 law enforcement personnel. Materials must be based on best
979 practices and must be available online to the public.
980 1. The instructions must be designed to assist petitioners
981 in completing the petition and must include a sample of a
982 standard petition and order for protection forms.
983 2. The instructions and standard petition must include a
984 means for the petitioner to identify, with only layman’s
985 knowledge, the firearms or ammunition the respondent may own,
986 possess, receive, or have in his or her custody or control. The
987 instructions must provide pictures of types of firearms and
988 ammunition that the petitioner may choose from to identify the
989 relevant firearms or ammunition, or must provide an equivalent
990 means to allow petitioners to identify firearms or ammunition
991 without requiring specific or technical knowledge regarding the
992 firearms or ammunition.
993 3. The informational brochure must describe the use of and
994 the process for obtaining, extending, and vacating a risk
995 protection order under this section and must provide relevant
996 forms.
997 4. The risk protection order form must include, in a
998 conspicuous location, notice of criminal penalties resulting
999 from violation of the order and the following statement: “You
1000 have the sole responsibility to avoid or refrain from violating
1001 this order’s provisions. Only the court can change the order and
1002 only upon written request.”
1003 5. The court staff handbook must allow for the addition of
1004 a community resource list by the clerk of the court.
1005 (b) Any clerk of court may create a community resource list
1006 of crisis intervention, mental health, substance abuse,
1007 interpreter, counseling, and other relevant resources serving
1008 the county in which the court is located. The court may make the
1009 community resource list available as part of or in addition to
1010 the informational brochures described in paragraph (a).
1011 (c) The Office of the State Courts Administrator shall
1012 distribute a master copy of the petition and order forms,
1013 instructions, and informational brochures to the clerks of
1014 court. Distribution of all documents shall, at a minimum, be in
1015 an electronic format or formats accessible to all courts and
1016 clerks of court in the state.
1017 (d) Within 90 days after receipt of the master copy from
1018 the Office of the State Courts Administrator, the clerk of the
1019 court shall make available the standardized forms, instructions,
1020 and informational brochures required by this subsection.
1021 (e) The Office of the State Courts Administrator shall
1022 update the instructions, brochures, standard petition and risk
1023 protection order forms, and court staff handbook as necessary,
1024 including when changes in the law make an update necessary.
1025 Section 13. Section 943.082, Florida Statutes, is created
1026 to read:
1027 943.082 School Safety Awareness Program.—
1028 (1) In collaboration with the Department of Legal Affairs,
1029 the department shall competitively procure a mobile suspicious
1030 activity reporting tool that allows students and the community
1031 to relay information anonymously concerning unsafe, potentially
1032 harmful, dangerous, violent, or criminal activities, or the
1033 threat of these activities, to appropriate public safety
1034 agencies and school officials. As recommended by students of
1035 Marjory Stoneman Douglas, the program shall be named
1036 “FortifyFL.” At a minimum, the department must receive reports
1037 electronically through the mobile suspicious activity reporting
1038 tool that is available on both Android and Apple devices.
1039 (2) The reporting tool must notify the reporting party of
1040 the following information:
1041 (a) That the reporting party may provide his or her report
1042 anonymously.
1043 (b) That if the reporting party chooses to disclose his or
1044 her identity, that information shall be shared with the
1045 appropriate law enforcement agency and school officials;
1046 however, the law enforcement agency and school officials shall
1047 be required to maintain the information as confidential.
1048 (3) Information received by the tool must be promptly
1049 forwarded to the appropriate law enforcement agency or school
1050 official.
1051 (4) Law enforcement dispatch centers, school districts,
1052 schools, and other entities identified by the department shall
1053 be made aware of the mobile suspicious activity reporting tool.
1054 (5) The department, in collaboration with the Division of
1055 Victims Services within the Office of Attorney General and the
1056 Office of Safe Schools within the Department of Education, shall
1057 develop and provide a comprehensive training and awareness
1058 program on the use of the mobile suspicious activity reporting
1059 tool.
1060 Section 14. Section 943.687, Florida Statutes, is created
1061 to read:
1062 943.687 Marjory Stoneman Douglas High School Public Safety
1063 Commission.—
1064 (1) There is created within the Florida Department of Law
1065 Enforcement the Marjory Stoneman Douglas High School Public
1066 Safety Commission, a commission as defined in s. 20.03.
1067 (2)(a) The commission shall convene no later than June 1,
1068 2018, and shall be composed of 15 members. Five members shall be
1069 appointed by the President of the Senate, five members shall be
1070 appointed by the Speaker of the House of Representatives, and
1071 five members shall be appointed by the Governor. Appointments
1072 must be made by April 30, 2018. The Secretary of Children and
1073 Families, the Secretary of Juvenile Justice, the Secretary of
1074 Health Care Administration, the Commissioner of Education, and
1075 the executive director shall serve as ex officio, nonvoting
1076 members of the commission. Members shall serve at the pleasure
1077 of the officer who appointed the member. A vacancy on the task
1078 force shall be filled in the same manner as the original
1079 appointment.
1080 (b) The Commissioner of the Florida Department of Law
1081 Enforcement shall chair the commission.
1082 (c) The General Counsel of the Florida Department of Law
1083 Enforcement shall serve as the general counsel for the
1084 commission.
1085 (d) The Florida Department of Law Enforcement staff, as
1086 assigned by the chair, shall assist the commission in performing
1087 its duties.
1088 (e) The commission shall meet as necessary to conduct its
1089 work at the call of the chair and at the time designated by him
1090 or her at locations throughout the state. The commission may
1091 conduct its meetings through teleconferences or other similar
1092 means.
1093 (f) Members of the task force are entitled to receive
1094 reimbursement for per diem and travel expenses pursuant to s.
1095 112.061.
1096 (3) The commission shall investigate system failures in the
1097 Marjory Stoneman Douglas High School shooting and prior mass
1098 violence incidents in this state and develop recommendations for
1099 system improvements. At a minimum, the commission shall analyze
1100 information and evidence from the Marjory Stoneman Douglas High
1101 School shooting and other mass violence incidents in this state.
1102 At a minimum the commission shall:
1103 (a) Develop a timeline of the incident, incident response,
1104 and all relevant events preceding the incident, with particular
1105 attention to all perpetrator contacts with local, state and
1106 national government agencies and entities and any contract
1107 providers of such agencies and entities.
1108 (b) Investigate any failures in incident responses by local
1109 law enforcement agencies and school resource officers.
1110 1. Identify existing policies and procedures for active
1111 assailant incidents on school premises and evaluate the
1112 compliance with such policies and procedures in the execution of
1113 incident responses.
1114 2. Evaluate existing policies and procedures for active
1115 assailant incidents on school premises in comparison with
1116 national best practices.
1117 3. Evaluate the extent to which any failures in policy,
1118 procedure, or execution contributed to an inability to prevent
1119 deaths and injuries.
1120 4. Make specific recommendations for improving law
1121 enforcement and school resource officer incident response in the
1122 future.
1123 (c) Investigate any failures in interactions with
1124 perpetrators preceding mass violence incidents.
1125 1. Identify the history of interactions between
1126 perpetrators and governmental entities such as schools, law
1127 enforcement agencies, courts and social service agencies, and
1128 identify any failures to adequately communicate or coordinate
1129 regarding indicators of risk or possible threats.
1130 2. Evaluate the extent to which any such failures
1131 contributed to an inability to prevent deaths and injuries.
1132 3. Make specific recommendations for improving
1133 communication and coordination among entities with knowledge of
1134 indicators of risk or possible threats of mass violence in the
1135 future.
1136 4. Identify available state and local tools and resources
1137 for enhancing communication and coordination regarding
1138 indicators of risk or possible threats, including, but not
1139 limited to, the Department of Law Enforcement Fusion Center or
1140 Judicial Inquiry System, and make specific recommendations for
1141 using such tools and resources more effectively in the future.
1142 (4) The commission has the power to investigate. The
1143 commission may delegate to its investigators the authority to
1144 administer oaths and affirmations.
1145 (5) The commission has standing to petition the court for a
1146 subpoena to compel the attendance of witnesses to testify before
1147 the commission. The commission has standing to petition the
1148 court to compel the production of any books, papers, records,
1149 documentary evidence, and other items, including confidential
1150 information, relevant to the performance of the duties of the
1151 commission or to the exercise of its powers. The commission must
1152 specify in the petition to the court for a subpoena the
1153 relevancy of such information to the performance of the
1154 commission duties or to the exercise of its powers. The chair or
1155 any other member of the commission may administer all oaths and
1156 affirmations in the manner prescribed by law to witnesses who
1157 appear before the commission for the purpose of testifying in
1158 any matter that concerning which the commission desires
1159 evidence. In the case of a refusal to obey a subpoena issued by
1160 the court to any person, the commission may make application to
1161 any circuit court of this state which shall have jurisdiction to
1162 order the witness to appear before the commission and to produce
1163 evidence, if so ordered, or to give testimony touching on the
1164 matter in question. Failure to obey the order may be punished by
1165 the court as contempt.
1166 (6) The commission may call upon appropriate agencies of
1167 state government for such professional assistance as may be
1168 needed in the discharge of its duties, and such agencies shall
1169 provide such assistance in a timely manner.
1170 (7) Notwithstanding any other law, the commission may
1171 request and shall be provided with access to any information or
1172 records, including confidential and exempt information or
1173 records, which pertain to the Marjory Stoneman Douglas High
1174 School shooting and prior mass violence incidents in Florida
1175 being reviewed by the commission and which are necessary for the
1176 commission to carry out its duties. Information or records
1177 obtained by the commission which are otherwise confidential and
1178 exempt shall retain such confidential and exempt status and the
1179 commission may not disclose any such information or records.
1180 (8) The commission shall submit an initial report on its
1181 findings and recommendations to the Governor, President of the
1182 Senate, and Speaker of the House of Representatives by January
1183 1, 2019, and may issue reports annually thereafter. The
1184 commission shall sunset July 1, 2023, and this section is
1185 repealed on that date.
1186 Section 15. Section 1000.051, Florida Statutes, is created
1187 to read:
1188 1000.051 School safety and security.—
1189 (1) Pursuant to the authority granted under s. 1000.01, the
1190 Legislature intends that the provisions of the Florida K-20
1191 Education Code be liberally construed by the State Board of
1192 Education, the Commissioner of Education, district school
1193 boards, district superintendents, and law enforcement agencies
1194 to the end that student discipline and school safety policy
1195 objectives may be effective.
1196 (2) It is the intent of the Legislature, notwithstanding
1197 any other provision of the Florida K-20 Education Code and rules
1198 adopted pursuant thereto, with the exception of applicable
1199 public records exemption provisions authorized by law pertaining
1200 to exempt, or confidential and exempt, information, that school
1201 district and law enforcement personnel be authorized to take
1202 necessary actions to ensure the fundamental protection and
1203 safety of public school students, personnel, and visitors.
1204 Section 16. Section 1001.217, Florida Statutes, is created
1205 to read:
1206 1001.217 Office of Safe Schools.—There is created within
1207 the Department of Education the Office of Safe Schools, as
1208 required under s. 20.15, which shall be administered by an
1209 executive director.
1210 (1) The office shall be fully accountable to the
1211 Commissioner of Education, but must cooperate and coordinate
1212 with the Board of Governors of the State University System,
1213 public and nonpublic postsecondary institutions, school
1214 districts, public and nonpublic schools, state and local
1215 agencies, community organizations, and other organizations and
1216 persons, as directed by the commissioner.
1217 (2) The purpose of the office is to serve as the state
1218 education agency’s primary coordinating division assigned to
1219 promote and support safe learning environments by addressing
1220 issues of student safety and academic success at the state,
1221 district, and school levels. In performing these functions, the
1222 office shall, at a minimum:
1223 (a) Function as the state’s primary contact for the
1224 coordination of activities, information, and reporting related
1225 to the implementation of the student discipline and school
1226 safety requirements of subpart I.C. of chapter 1006 pertaining
1227 to public K-12 education support for learning and student
1228 services, as well as other requirements of law pertaining to
1229 school safety partnerships and responsibilities, as assigned by
1230 the commissioner.
1231 (b) Function as the state contact and state education
1232 agency coordination office for school district safety
1233 specialists, as assigned pursuant to s. 1006.12, and primary
1234 emergency operations contact staff assigned by Florida College
1235 System institutions, state universities, and other entities
1236 identified by the commissioner.
1237 (c) Coordinate with state and local agencies, school
1238 district personnel, and safety and security experts to establish
1239 safe school and security standards, review school safety and
1240 security plans, establish guidelines regarding school district
1241 appointments to and functions of public school threat assessment
1242 teams and district school safety specialists, and update risk
1243 assessment procedures, as appropriate.
1244 (d) Develop and implement a training program for district
1245 school safety specialists designated or appointed by a district
1246 school board pursuant to s. 1006.07(8). Training program
1247 elements must include, but need not be limited to, school safety
1248 specialist participation in active shooter situation training
1249 conducted pursuant to s. 1006.07(4)(b), campus tours performed
1250 pursuant to s. 1006.07(7), program activities of the Public
1251 School Emergency Response Learning System Program established
1252 pursuant to s. 1006.149, and training associated with the
1253 Florida Safe Schools Assessment Tool provided pursuant to s.
1254 1006.1493.
1255 Section 17. Subsection (3) is added to section 1002.221,
1256 Florida Statutes, to read:
1257 1002.221 K-12 education records; public records exemption.—
1258 (3) This section does not limit the application of
1259 exemptions from public records requirements for security system
1260 plans and public security systems, including security footage,
1261 or other information that would relate to or reveal the location
1262 or capabilities of such systems, provided under ss.
1263 119.071(3)(a) and 281.301.
1264 Section 18. Subsection (4) is added to section 1002.225,
1265 Florida Statutes, to read:
1266 1002.225 Education records of students in public
1267 postsecondary educational institutions; penalty.—
1268 (4) This section does not limit the application of
1269 exemptions from public records requirements for security system
1270 plans and public security systems, including security footage,
1271 or other information that would relate to or reveal the location
1272 or capabilities of such systems, provided under ss.
1273 119.071(3)(a) and 281.301.
1274 Section 19. Section 1006.04, Florida Statutes, is amended
1275 to read:
1276 1006.04 Educational multiagency services for students with
1277 severe emotional disturbance.—
1278 (1)(a) The Legislature recognizes that an intensive,
1279 integrated educational program,; a continuum of mental health
1280 treatment services,; and, when needed, residential services are
1281 necessary to enable students with severe emotional disturbance
1282 to develop appropriate behaviors and demonstrate academic and
1283 career education skills. The small incidence of severe emotional
1284 disturbance in the total school population requires multiagency
1285 programs to provide access to appropriate services for all
1286 students with severe emotional disturbance. District school
1287 boards should provide educational programs, and state
1288 departments and agencies administering children’s mental health
1289 funds should provide mental health treatment and residential
1290 services when needed, forming a multiagency network to provide
1291 support for students with severe emotional disturbance. To
1292 facilitate solutions to these issues, the Multiagency Service
1293 Network for Students with Severe Emotional Disturbance (SEDNET)
1294 is established as a function of the department in partnership
1295 with other state, regional, and local partners as a statewide
1296 network of regional projects comprised of major child-serving
1297 agencies, community-based service providers, and students and
1298 their families.
1299 (2) Under the leadership and guidance of the department,
1300 the fundamental goal of SEDNET and its partners shall be to
1301 facilitate the process of cross system collaboration and
1302 inclusion of families as full partners. At a minimum, SEDNET
1303 shall:
1304 (a) Focus on developing interagency collaboration and
1305 sustaining partnerships among professionals and families in the
1306 education, mental health, substance abuse, child welfare, and
1307 juvenile justice systems serving children and youth with, and at
1308 risk of, emotional and behavioral disabilities.
1309 (b) Provide technical assistance and support in building
1310 service capacity within regional areas and collaborate in
1311 related state level activities impacting system of care.
1312 (c) Serve as a collaborative resource for school districts,
1313 agencies, and families working to promote positive educational
1314 and community-based outcomes for children.
1315 (3)(b) The program goals for each component of SEDNET the
1316 multiagency network are to enable students with severe emotional
1317 disturbance to learn appropriate behaviors, reduce dependency,
1318 and fully participate in all aspects of school and community
1319 living; to develop individual programs for students with severe
1320 emotional disturbance, including necessary educational,
1321 residential, and mental health treatment services; to provide
1322 programs and services as close as possible to the student’s home
1323 in the least restrictive manner consistent with the student’s
1324 needs; and to integrate a wide range of services necessary to
1325 support students with severe emotional disturbance and their
1326 families.
1327 (4)(2) The Legislature may provide funding for the
1328 department to may award grants to district school boards for
1329 statewide planning and development of SEDNET the multiagency
1330 network for students with severe emotional disturbance. The
1331 educational services shall be provided in a manner consistent
1332 with the requirements of ss. 402.22 and 1003.57.
1333 (5)(3) State departments and agencies may use appropriate
1334 funds for SEDNET the multiagency network for students with
1335 severe emotional disturbance.
1336 Section 20. Section 1006.05, Florida Statutes, is created
1337 to read:
1338 1006.05 Mental health assistance allocation
1339 specifications.—Pursuant to s. 1011.62(16), the mental health
1340 assistance allocation is created to provide supplemental funding
1341 to assist school districts and charter schools in establishing
1342 or expanding comprehensive mental health programs that increase
1343 awareness of mental health issues among children and school-age
1344 youth; to train educators and other school staff in detecting
1345 and responding to mental health issues; and to connect children,
1346 youth, and families who may experience behavioral or mental
1347 health issues with appropriate services.
1348 (1) Funding provided pursuant to s. 1011.62(16) shall be
1349 allocated in accordance with the following:
1350 (a) Before the distribution of the allocation:
1351 1. The district must annually develop and submit a detailed
1352 plan outlining the local program and planned expenditures to the
1353 district school board for approval.
1354 2. A charter school must annually develop and submit a
1355 detailed plan outlining the local program and planned
1356 expenditures of the funds in the plan to its governing body for
1357 approval. After the plan is approved by the governing body, it
1358 must be provided to its school district for submission to the
1359 commissioner.
1360 (b) The plans required under paragraph (a) must include, at
1361 a minimum, the elements in subparagraphs 1., 2., and 3., and the
1362 districts and charter schools are strongly encouraged to include
1363 in their respective plans the elements specified in
1364 subparagraphs 4., 5., and 6., as follows:
1365 1. A contract or a memorandum of understanding with at
1366 least one local nationally accredited community behavioral
1367 health provider or a provider of Community Action Team services
1368 to provide a behavioral health staff presence and services at
1369 district schools. Services may include, but are not limited to,
1370 mental health screenings and assessments, individual counseling,
1371 family counseling, group counseling, psychiatric or
1372 psychological services, trauma-informed care, mobile crisis
1373 services, and behavior modification. These behavioral health
1374 services may be provided on or off the school campus and may be
1375 supplemented by telehealth;
1376 2. Training opportunities in Mental Health First Aid or
1377 other similar nationally recognized evidence-based training
1378 programs for all school personnel who have contact with
1379 students. The training must cover risk factors and warning signs
1380 for mental health and addiction concerns, strategies for
1381 providing assistance to individuals in both crisis and non
1382 crisis situations, and the use of referral mechanisms that
1383 effectively link individuals to appropriate treatment and
1384 intervention services in the school and in the community. Topics
1385 covered should include depression and mood disorders, anxiety
1386 disorders, trauma, psychosis, substance use disorders, and
1387 suicide prevention;
1388 3. A mental health crisis intervention strategy that
1389 provides for prompt resolution of identified, immediate threats
1390 within district schools, including Baker Act referrals and
1391 notification of law enforcement personnel, as appropriate;
1392 4. Programs to assist students in dealing with anxiety,
1393 depression, bullying, trauma, and violence;
1394 5. Strategies or programs to reduce the likelihood of at
1395 risk students developing social, emotional, or behavioral health
1396 problems; suicidal tendencies; or substance use disorders; and
1397 6. Strategies to improve the early identification of
1398 social, emotional, or behavioral problems or substance use
1399 disorders and to improve the provision of early intervention
1400 services.
1401 (c) The districts shall submit approved plans to the
1402 commissioner by August 1 of each year.
1403 (2) Beginning September 30, 2019, and by each September 30
1404 thereafter, each entity that receives an allocation under this
1405 section and s. 1011.62(16) shall submit to the commissioner, in
1406 a format prescribed by the department, a final report on its
1407 program outcomes and its expenditures for each element of the
1408 program. At a minimum, the report must include the number of
1409 each of the following:
1410 (a) Students who receive screenings or assessments.
1411 (b) Students who are referred for services or assistance.
1412 (c) Students who receive services or assistance.
1413 (d) Parents or guardians notified.
1414 (e) School personnel who are trained to engage in the
1415 services, techniques, strategies, or programs identified in the
1416 plan required under this section.
1417 Section 21. Subsections (4) and (6) of section 1006.07,
1418 Florida Statutes, are amended, and subsections (7) and (8) are
1419 added to that section, to read:
1420 1006.07 District school board duties relating to student
1421 discipline and school safety.—The district school board shall
1422 provide for the proper accounting for all students, for the
1423 attendance and control of students at school, and for proper
1424 attention to health, safety, and other matters relating to the
1425 welfare of students, including:
1426 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
1427 (a) Formulate and prescribe policies and procedures for
1428 emergency drills and for actual emergencies, including, but not
1429 limited to, fires, natural disasters, hostage and active shooter
1430 situations, and bomb threats, for all the public schools of the
1431 district which comprise grades K-12. District school board
1432 policies shall include commonly used alarm system responses for
1433 specific types of emergencies and verification by each school
1434 that drills have been provided as required by law and fire
1435 protection codes. The emergency response agency that is
1436 responsible for notifying the school district for each type of
1437 emergency must be listed in the district’s emergency response
1438 policy.
1439 (b) Establish model emergency management and emergency
1440 preparedness procedures, including emergency notification
1441 procedures pursuant to paragraph (a), for the following life
1442 threatening emergencies:
1443 1. Weapon-use, and hostage, and active shooter situations.
1444 The active shooter situation training for each school must
1445 engage the participation of the district school safety
1446 specialist, threat assessment team members, faculty, staff, and
1447 students and must be conducted by the law enforcement agency or
1448 agencies that are designated as first responders to the school’s
1449 campus.
1450 2. Hazardous materials or toxic chemical spills.
1451 3. Weather emergencies, including hurricanes, tornadoes,
1452 and severe storms.
1453 4. Exposure as a result of a manmade emergency.
1454 (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
1455 district shall: Use the Safety and Security Best Practices
1456 developed by the Office of Program Policy Analysis and
1457 Government Accountability to
1458 (a) Designate a threat assessment team, in accordance with
1459 guidelines established by the Office of Safe Schools, at each
1460 school in the district. The threat assessment team shall operate
1461 under the direction of the district school safety specialist.
1462 (b) Conduct security risk assessments in accordance with s.
1463 1006.1493 at each public school and conduct a self-assessment of
1464 the school district’s districts’ current safety and security
1465 practices using a format prescribed by the department. Based on
1466 these self-assessment findings, the district school
1467 superintendent shall provide recommendations to the district
1468 school board which identify strategies and activities that the
1469 district school board should implement in order to improve
1470 school safety and security. Annually each district school board
1471 must receive such findings and the superintendent’s
1472 recommendations the self-assessment results at a publicly
1473 noticed district school board meeting to provide the public an
1474 opportunity to hear the district school board members discuss
1475 and take action on the report findings and recommendations. Each
1476 district school superintendent shall report such findings the
1477 self-assessment results and school board action to the
1478 commissioner within 30 days after the district school board
1479 meeting.
1480 (c) Develop a plan, in a format prescribed by the
1481 department, which includes a secure, single point of entry onto
1482 school grounds.
1483 (7) SAFETY IN CONSTRUCTION PLANNING.—A district school
1484 board must allow the law enforcement agency or agencies that are
1485 designated as first responders to the district’s campus and
1486 school’s campuses to tour such campuses once every 3 years. Any
1487 changes related to school safety and emergency issues
1488 recommended by a law enforcement agency based on a campus tour
1489 must be documented by the district school board.
1490 (8) DISTRICT SCHOOL SAFETY SPECIALIST.—A district school
1491 board shall designate or appoint a district school safety
1492 specialist to serve at the direction of the superintendent as
1493 the district’s primary point of public contact regarding the
1494 district’s coordination, communication, and implementation of
1495 policies, procedures, responsibilities, and reporting related to
1496 district and public school safety functions. The school safety
1497 specialist shall do all of the following:
1498 (a) Coordinate with the Office of Safe Schools created
1499 pursuant to s. 1001.217.
1500 (b) Facilitate the collection and dissemination of
1501 information among and between the school district, school
1502 personnel, students and their families, state and local law
1503 enforcement agencies, community health entities, and other state
1504 and community partners.
1505 (c) Maintain records and reports and facilitate the
1506 implementation of policies regarding the respective duties and
1507 responsibilities of the school districts, superintendents, and
1508 principals and reporting regarding student discipline and school
1509 safety requirements.
1510 (d) Oversee and coordinate threat assessment teams and
1511 provide a coordinated approach to evaluating and responding to
1512 students who pose, or appear to pose, a credible potential
1513 threat of violence or harm to themselves or others.
1514 (e) Perform other responsibilities assigned by the
1515 superintendent and requested by the Office of Safe Schools to
1516 facilitate and coordinate the effective implementation of
1517 student discipline and school safety requirements.
1518 Section 22. Section 1006.12, Florida Statutes, is amended
1519 to read:
1520 1006.12 Safe-school resource officers at each public school
1521 and school safety officers.—For the protection and safety of
1522 school personnel, property, students, and visitors, each
1523 district school board and school district superintendent shall
1524 cooperate with law enforcement agencies to establish or assign
1525 one or more safe-school officers at each school facility within
1526 the district, by implementing any combination of the following
1527 options:
1528 (1) District school boards may Establish school resource
1529 officer programs, through a cooperative agreement with law
1530 enforcement agencies or in accordance with subsection (2).
1531 (a) School resource officers shall undergo criminal
1532 background checks, drug testing, and a psychological evaluation
1533 and be certified law enforcement officers, as defined in s.
1534 943.10(1), who are employed by a law enforcement agency as
1535 defined in s. 943.10(4). The powers and duties of a law
1536 enforcement officer shall continue throughout the employee’s
1537 tenure as a school resource officer.
1538 (b) School resource officers shall abide by district school
1539 board policies and shall consult with and coordinate activities
1540 through the school principal, but shall be responsible to the
1541 law enforcement agency in all matters relating to employment,
1542 subject to agreements between a district school board and a law
1543 enforcement agency. Activities conducted by the school resource
1544 officer which are part of the regular instructional program of
1545 the school shall be under the direction of the school principal.
1546 (2) Commission one or more school safety officers for the
1547 protection and safety of school personnel, property, and
1548 students within the school district. The district school
1549 superintendent may recommend, and the district school board may
1550 appoint, one or more school safety officers.
1551 (2)(a) School safety officers shall undergo criminal
1552 background checks, drug testing, and a psychological evaluation
1553 and be law enforcement officers, as defined in s. 943.10(1),
1554 certified under the provisions of chapter 943 and employed by
1555 either a law enforcement agency or by the district school board.
1556 If the officer is employed by the district school board, the
1557 district school board is the employing agency for purposes of
1558 chapter 943, and must comply with the provisions of that
1559 chapter.
1560 (b) A district school board may commission one or more
1561 school safety officers for the protection and safety of school
1562 personnel, property, and students within the school district.
1563 The district school superintendent may recommend and the
1564 district school board may appoint one or more school safety
1565 officers.
1566 (b)(c) A school safety officer has and shall exercise the
1567 power to make arrests for violations of law on district school
1568 board property and to arrest persons, whether on or off such
1569 property, who violate any law on such property under the same
1570 conditions that deputy sheriffs are authorized to make arrests.
1571 A school safety officer has the authority to carry weapons when
1572 performing his or her official duties.
1573 (c)(d) A district school board may enter into mutual aid
1574 agreements with one or more law enforcement agencies as provided
1575 in chapter 23. A school safety officer’s salary may be paid
1576 jointly by the district school board and the law enforcement
1577 agency, as mutually agreed to.
1578 (3) Participate in the Florida Sheriff’s Marshal Program,
1579 established pursuant to s. 1006.1491. Upon a participant’s
1580 completion of the program, the district school board shall
1581 designate a special deputy sheriff, as appointed by the sheriff
1582 as a law enforcement officer certified under chapter 943,
1583 pursuant to s. 30.072(2).
1584 Section 23. Section 1006.149, Florida Statutes, is created
1585 to read:
1586 1006.149 Public School Emergency Response Learning System
1587 Program.—
1588 (1) The Public School Emergency Response Learning System
1589 Program is established to assist school personnel in preparing
1590 for and responding to active emergency situations and to
1591 implement local notification systems for all Florida public
1592 schools, with the ultimate goal of preventing tragedy and the
1593 loss of life through proactive strategies.
1594 (2) The program is created within the department and shall
1595 be administered by the Office of Safe Schools, created pursuant
1596 to s. 1001.217. Through the program, local law enforcement
1597 agencies shall partner with participating public preschools,
1598 public child care providers, or public school districts and
1599 schools. Training, notifications, and resources must be
1600 available for school personnel and students and their families
1601 through, at minimum, the following mechanisms:
1602 (a) Activities and direct training to mitigate risk and
1603 save lives in emergency situations, such as lockdown, bomb
1604 threat, active shooter, and other emergency situations.
1605 (b) Vital local notification systems implemented to alert
1606 schools of imminent danger.
1607 (c) Other resources provided in conjunction with the
1608 training, including, but not limited to, an emergency plan flip
1609 chart, communication cards, instructional resources, activity
1610 books for children and teachers, and certificates of training
1611 and completion.
1612 (3) Each program participant must develop a preemptive plan
1613 of action that includes multiple options for addressing various
1614 situations based on the form of danger present and the unique
1615 needs and circumstances of each school and its faculty, staff,
1616 students, and visitors.
1617 (4) A school district must include in its emergency
1618 notification procedures established pursuant to s. 1006.07 any
1619 program participant who notifies the district of his or her
1620 desire to participate.
1621 (5) Funding for program activities may be provided by the
1622 Legislature to implement this section.
1623 Section 24. Section 1006.1491, Florida Statutes, is created
1624 to read:
1625 1006.1491 Florida Sheriff’s Marshal Program.—The Florida
1626 Sheriff’s Marshal Program is created within the department as a
1627 voluntary program to assist school districts and public schools
1628 in enhancing the safety and security of students, faculty,
1629 staff, and visitors to Florida’s public schools and campuses.
1630 The program is administered by the Office of Safe Schools,
1631 created pursuant to s. 1001.217.
1632 (1) PURPOSE.—The purpose of the program is to provide
1633 comprehensive firearm safety and proficiency training for
1634 selected faculty and staff strategically focused on providing
1635 security on campus during an active assailant incident. Public
1636 school faculty and staff who voluntarily participate in and
1637 complete the program, as recommended by the school district, are
1638 designated as special deputy sheriffs with all rights,
1639 responsibilities, and obligations in carrying concealed firearms
1640 on campus, as authorized pursuant to s. 30.09.
1641 (2) DEFINITIONS.—As used in this section, the term:
1642 (a) “Active assailant incident” means a situation in which
1643 an armed assailant is posing an immediate deadly threat to
1644 persons on the premises or campus of a public school.
1645 (b) “Campus” means a school, as defined in s. 1003.01(2),
1646 and facilities and school plants operated and controlled by a
1647 public school district in accordance with s. 1003.02.
1648 (c) “Partnership agreement” means a jointly approved
1649 contract between the sheriff operating the program and the
1650 superintendent of a participating school district sponsor.
1651 (d) “Program” means a Florida Sheriff’s Marshal Program as
1652 established and administered by a sheriff in accordance with
1653 this section.
1654 (e) “Sheriff” means the county sheriff constitutional
1655 officer elected or appointed in accordance with chapter 30.
1656 (f) “Sheriff’s marshal” means a faculty or staff member who
1657 is recommended and sponsored by a school district and has been
1658 successfully screened and approved by the sheriff to participate
1659 in a program.
1660 (g) “Special deputy sheriff” means a program participant
1661 who has successfully completed the program and who is appointed
1662 as a law enforcement officer in the same manner as a deputy
1663 sheriff as provided in s. 30.072(2) and certified under chapter
1664 943.
1665 (3) PROGRAM ELIGIBILITY.—At a minimum, program eligibility
1666 and participation requirements must include:
1667 (a) A school district may sponsor and recommend to the
1668 sheriff public school faculty and staff members as candidates
1669 for voluntary participation in the program. The sheriff shall
1670 establish timelines and requirements for participation through a
1671 partnership agreement with the sponsoring school district
1672 superintendent. To be eligible for consideration and
1673 recommendation, a candidate must be licensed in accordance with
1674 s. 790.06.
1675 (b) After screening a candidate, including performing
1676 criminal background checks, drug testing, and a psychological
1677 evaluation, the sheriff may approve a candidate to participate
1678 in the program as a sheriff’s marshal.
1679 (c) Upon successful completion of the program, a sheriff’s
1680 marshal may be appointed by the sheriff as a special deputy
1681 sheriff for the limited purpose of responding to an active
1682 assailant incident on a campus of his or her school district
1683 during an active assailant incident.
1684 (4) SPECIAL DEPUTY SHERIFF.—
1685 (a) At a minimum, the partnership agreement must provide
1686 that a special deputy sheriff:
1687 1. Must participate in and complete the program’s
1688 professional training requirements as a precondition to meeting
1689 the legal requirements of chapter 30 to be eligible to carry a
1690 concealed firearm on a campus of his or her sponsoring school
1691 district.
1692 2. May not act in any law enforcement capacity outside of
1693 an active assailant incident on a school district campus and
1694 does not have any authority in a law enforcement capacity off
1695 campus in any way, except as otherwise expressly authorized by
1696 law.
1697 3. May carry concealed, approved firearms on campus. The
1698 firearms must be specifically purchased and issued for the sole
1699 purpose of the program. Only concealed carry safety holsters and
1700 firearms approved by the sheriff may be used under the program.
1701 4. Must successfully complete training with the sheriff’s
1702 office before his or her appointment as a special deputy
1703 sheriff, including meeting the requirements of this section.
1704 (b) The appointment of a person as a special deputy sheriff
1705 does not entitle the person to the special risk category that
1706 applies to law enforcement officers pursuant to s. 121.0515.
1707 (5) TRAINING AND INSTRUCTION.—All training must be
1708 conducted by Criminal Justice Standards Training Commission
1709 (CJSTC)-certified instructors.
1710 (a) Required instruction must include 132 total hours of
1711 comprehensive firearm safety and proficiency training in the
1712 following topics:
1713 1. Firearms: 80-hour block of instruction. The firearms
1714 instruction must be based on the CJSTC Law Enforcement Academy
1715 training model and must be enhanced to include 10 percent to 20
1716 percent more rounds fired by each program participant beyond the
1717 minimum average of approximately 1,000 training rounds
1718 associated with academy training. Program participants must
1719 achieve an 85 percent pass rate on the firearms training.
1720 2. Firearms precision pistol: 16-hour block of instruction.
1721 3. Firearms discretionary shooting: 4-hour block of
1722 instruction using state-of-the-art simulator exercises.
1723 4. Active shooter or assailant: 8-hour block of
1724 instruction.
1725 5. Defensive tactics: 4-hour block of instruction.
1726 6. Legal or high liability: 20-hour block of instruction.
1727 (b) Program participants may complete an optional, 16-hour
1728 precision pistol course as additional training.
1729 (c) Ongoing and annual proficiency retraining must be
1730 conducted by the sheriff, as specified in the agreement.
1731 (6) PARTICIPATION DENIAL OR TERMINATION.—The sheriff or the
1732 district superintendent may deny or terminate a sheriff’s
1733 marshal or special deputy sheriff’s participation in the program
1734 for any reason, including, but not limited to, any of the
1735 following circumstances:
1736 (a) An arrest or filing of criminal charges against a
1737 program participant by a law enforcement agency.
1738 (b) The service of process on the program participant as
1739 the respondent of an injunction for protection.
1740 (c) The involuntary placement of the program participant in
1741 a treatment facility for a mental health examination under The
1742 Baker Act.
1743 (d) A violation of sheriff office policies, orders, or
1744 requirements by the program participant.
1745 (e) A violation of the school district’s code of conduct or
1746 employee handbook or policy by the program participant.
1747 (7) IMPLEMENTATION.—
1748 (a) The sheriff shall maintain documentation of weapon and
1749 equipment inspections, as well as the training, certification,
1750 inspection, and qualification records of each program
1751 participant.
1752 (b) Each program participant must be distinctly and
1753 visually identifiable to responding law enforcement officers,
1754 faculty, staff, and students, in the case of any active
1755 assailant incident on a sponsoring school district’s campus.
1756 (c) Each sheriff’s marshal must execute a volunteer
1757 agreement with the sheriff’s office outlining duties and
1758 responsibilities.
1759 (d) A sponsoring school district must conduct awareness
1760 training about the program for all school district faculty and
1761 staff members.
1762 (e) Specific implementation requirements, responsibilities,
1763 and other aspects of implementation must be specified in a
1764 partnership agreement.
1765 (8) FUNDING.—The costs of program participation must be
1766 established in the partnership agreement. Funding may be
1767 provided by the Legislature to support school district and
1768 sheriff office administration, sponsorship, participation, and
1769 implementation of this section.
1770 Section 25. Section 1006.1493, Florida Statutes, is created
1771 to read:
1772 1006.1493 Florida Safe Schools Assessment Tool.—
1773 (1) The department shall contract with a security
1774 consulting firm that specializes in the development of risk
1775 assessment software solutions and has experience in conducting
1776 security assessments of public facilities to develop, update,
1777 and implement a risk assessment tool, which shall be known as
1778 the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must
1779 be used by school officials at each school district and public
1780 school site in the state in conducting security assessments for
1781 use by school officials at each school district and public
1782 school site in the state.
1783 (2) The FSSAT must help school officials identify threats,
1784 vulnerabilities, and appropriate safety controls for the schools
1785 that they supervise, pursuant to the security risk assessment
1786 requirements of s. 1006.07(6).
1787 (a) At a minimum, the FSSAT must address all of the
1788 following components:
1789 1. School emergency and crisis preparedness planning;
1790 2. Security, crime, and violence prevention policies and
1791 procedures;
1792 3. Physical security measures;
1793 4. Professional development training needs;
1794 5. An examination of support service roles in school
1795 safety, security, and emergency planning;
1796 6. School security and school police staffing, operational
1797 practices, and related services;
1798 7. School and community collaboration on school safety; and
1799 8. A return on investment analysis of the recommended
1800 physical security controls.
1801 (b) The department shall require by contract that the
1802 security consulting firm:
1803 1. Generate written automated reports on assessment
1804 findings for review by the department and school and district
1805 officials;
1806 2. Provide training to the department and school officials
1807 in the use of the FSSAT and other areas of importance identified
1808 by the department; and
1809 3. Advise in the development and implementation of
1810 templates, formats, guidance, and other resources necessary to
1811 facilitate the implementation of this section at state,
1812 district, school, and local levels.
1813 (3) By December 1, 2018, and annually by that date
1814 thereafter, the department must report to the Governor, the
1815 President of the Senate, and the Speaker of the House of
1816 Representatives on the status of implementation across school
1817 districts and schools. The report must include a summary of the
1818 positive school safety measures in place at the time of the
1819 assessment and any recommendations for policy changes or funding
1820 needed to facilitate continued school safety planning,
1821 improvement, and response at the state, district, or school
1822 levels.
1823 (4) In accordance with ss. 119.071(3)(a) and 281.301, data
1824 and information related to security risk assessments
1825 administered pursuant to this section and s. 1006.07(6) and the
1826 security information contained in the annual report required
1827 pursuant to subsection (3) are confidential and exempt from
1828 public records requirements.
1829 Section 26. Present subsections (16) and (17) of section
1830 1011.62, Florida Statutes, are redesignated as subsections (17)
1831 and (18), respectively, paragraph (a) of subsection (4) and
1832 subsections (14) and (15) of that section are amended, and a new
1833 subsection (16) is added to that section, to read:
1834 1011.62 Funds for operation of schools.—If the annual
1835 allocation from the Florida Education Finance Program to each
1836 district for operation of schools is not determined in the
1837 annual appropriations act or the substantive bill implementing
1838 the annual appropriations act, it shall be determined as
1839 follows:
1840 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
1841 Legislature shall prescribe the aggregate required local effort
1842 for all school districts collectively as an item in the General
1843 Appropriations Act for each fiscal year. The amount that each
1844 district shall provide annually toward the cost of the Florida
1845 Education Finance Program for kindergarten through grade 12
1846 programs shall be calculated as follows:
1847 (a) Estimated taxable value calculations.—
1848 1.a. Not later than 2 working days before July 19, the
1849 Department of Revenue shall certify to the Commissioner of
1850 Education its most recent estimate of the taxable value for
1851 school purposes in each school district and the total for all
1852 school districts in the state for the current calendar year
1853 based on the latest available data obtained from the local
1854 property appraisers. The value certified shall be the taxable
1855 value for school purposes for that year, and no further
1856 adjustments shall be made, except those made pursuant to
1857 paragraphs (c) and (d), or an assessment roll change required by
1858 final judicial decisions as specified in paragraph (17)(b)
1859 (16)(b). Not later than July 19, the Commissioner of Education
1860 shall compute a millage rate, rounded to the next highest one
1861 one-thousandth of a mill, which, when applied to 96 percent of
1862 the estimated state total taxable value for school purposes,
1863 would generate the prescribed aggregate required local effort
1864 for that year for all districts. The Commissioner of Education
1865 shall certify to each district school board the millage rate,
1866 computed as prescribed in this subparagraph, as the minimum
1867 millage rate necessary to provide the district required local
1868 effort for that year.
1869 b. The General Appropriations Act shall direct the
1870 computation of the statewide adjusted aggregate amount for
1871 required local effort for all school districts collectively from
1872 ad valorem taxes to ensure that no school district’s revenue
1873 from required local effort millage will produce more than 90
1874 percent of the district’s total Florida Education Finance
1875 Program calculation as calculated and adopted by the
1876 Legislature, and the adjustment of the required local effort
1877 millage rate of each district that produces more than 90 percent
1878 of its total Florida Education Finance Program entitlement to a
1879 level that will produce only 90 percent of its total Florida
1880 Education Finance Program entitlement in the July calculation.
1881 2. On the same date as the certification in sub
1882 subparagraph 1.a., the Department of Revenue shall certify to
1883 the Commissioner of Education for each district:
1884 a. Each year for which the property appraiser has certified
1885 the taxable value pursuant to s. 193.122(2) or (3), if
1886 applicable, since the prior certification under sub-subparagraph
1887 1.a.
1888 b. For each year identified in sub-subparagraph a., the
1889 taxable value certified by the appraiser pursuant to s.
1890 193.122(2) or (3), if applicable, since the prior certification
1891 under sub-subparagraph 1.a. This is the certification that
1892 reflects all final administrative actions of the value
1893 adjustment board.
1894 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
1895 annually in the General Appropriations Act determine a
1896 percentage increase in funds per K-12 unweighted FTE as a
1897 minimum guarantee to each school district. The guarantee shall
1898 be calculated from prior year base funding per unweighted FTE
1899 student which shall include the adjusted FTE dollars as provided
1900 in subsection (17) (16), quality guarantee funds, and actual
1901 nonvoted discretionary local effort from taxes. From the base
1902 funding per unweighted FTE, the increase shall be calculated for
1903 the current year. The current year funds from which the
1904 guarantee shall be determined shall include the adjusted FTE
1905 dollars as provided in subsection (17) (16) and potential
1906 nonvoted discretionary local effort from taxes. A comparison of
1907 current year funds per unweighted FTE to prior year funds per
1908 unweighted FTE shall be computed. For those school districts
1909 which have less than the legislatively assigned percentage
1910 increase, funds shall be provided to guarantee the assigned
1911 percentage increase in funds per unweighted FTE student. Should
1912 appropriated funds be less than the sum of this calculated
1913 amount for all districts, the commissioner shall prorate each
1914 district’s allocation. This provision shall be implemented to
1915 the extent specifically funded.
1916 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
1917 created to provide funding to assist school districts in their
1918 compliance with subpart I.C. of chapter 1006 ss. 1006.07
1919 1006.148, with priority given to satisfying the requirement of
1920 establishing or assigning at least one safe-school officer at
1921 each school facility within the district a school resource
1922 officer program pursuant to s. 1006.12. Each school district
1923 shall receive a minimum safe schools allocation in an amount
1924 provided in the General Appropriations Act. Of the remaining
1925 balance of the safe schools allocation, two-thirds shall be
1926 allocated to school districts based on the most recent official
1927 Florida Crime Index provided by the Department of Law
1928 Enforcement and one-third shall be allocated based on each
1929 school district’s proportionate share of the state’s total
1930 unweighted full-time equivalent student enrollment.
1931 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
1932 assistance allocation is created to provide funding to assist
1933 school districts and charter schools in their compliance with
1934 the requirements and specifications established in s. 1006.05.
1935 These funds must be allocated annually in the General
1936 Appropriations Act to each eligible school district and
1937 developmental research school based on each entity’s
1938 proportionate share of Florida Education Finance Program base
1939 funding, in accordance with s. 1006.05. The district funding
1940 allocation must include a minimum amount, as provided in the
1941 General Appropriations Act. Eligible charter schools are
1942 entitled to a proportionate share of district funding for the
1943 program. The allocated funds may not supplant funds that are
1944 provided for this purpose from other operating funds and may not
1945 be used to increase salaries or provide bonuses, except for
1946 personnel hired to implement the plans required by s. 1006.05.
1947 School districts and schools must maximize third-party funding
1948 from Medicaid and private insurance when appropriate.
1949 Section 27. For the purpose of incorporating the amendment
1950 made by this act to section 790.065, Florida Statutes, in a
1951 reference thereto, subsection (2) of section 397.6760, Florida
1952 Statutes, is reenacted to read:
1953 397.6760 Court records; confidentiality.—
1954 (2) This section does not preclude the clerk of the court
1955 from submitting the information required by s. 790.065 to the
1956 Department of Law Enforcement.
1957 Section 28. For the purpose of incorporating the amendment
1958 made by this act to section 790.065, Florida Statutes, in a
1959 reference thereto, paragraph (e) of subsection (3) of section
1960 790.335, Florida Statutes, is reenacted to read:
1961 790.335 Prohibition of registration of firearms; electronic
1962 records.—
1963 (3) EXCEPTIONS.—The provisions of this section shall not
1964 apply to:
1965 (e)1. Records kept pursuant to the recordkeeping provisions
1966 of s. 790.065; however, nothing in this section shall be
1967 construed to authorize the public release or inspection of
1968 records that are made confidential and exempt from the
1969 provisions of s. 119.07(1) by s. 790.065(4)(a).
1970 2. Nothing in this paragraph shall be construed to allow
1971 the maintaining of records containing the names of purchasers or
1972 transferees who receive unique approval numbers or the
1973 maintaining of records of firearm transactions.
1974 Section 29. Each January 1, the Department of Agriculture
1975 and Consumer Services shall transfer 10 percent of the fees
1976 collected for new and renewal concealed weapon or firearm
1977 licenses from the Division of Licensing Trust Fund to the
1978 Department of Legal Affairs to reimburse verified or designated
1979 trauma centers for documented medical costs of treating victims
1980 of mass shootings through its Medical Reimbursement Program for
1981 Victims of Mass Shootings.
1982 Section 30. The sum of $10 million in recurring funds from
1983 the General Revenue Fund is appropriated to the Department of
1984 Legal Affairs to reimburse verified or designated trauma centers
1985 for documented medical costs of treating victims of mass
1986 shootings through its Medical Reimbursement Program for Victims
1987 of Mass Shootings.
1988 Section 31. For the 2018-2019 fiscal year, the sum of $100
1989 million in recurring funds is appropriated from the General
1990 Revenue Fund to the Department of Education in the Aid to Local
1991 Governments Grants and Aids – Florida Education Finance Program
1992 to fund the mental health assistance allocation created pursuant
1993 to s. 1011.62(16), Florida Statutes.
1994 Section 32. For the 2018-2019 fiscal year, the sum of
1995 $500,000 in nonrecurring funds is appropriated from the General
1996 Revenue Fund to the Department of Education for the design and
1997 construction of a memorial honoring those who lost their lives
1998 on February 14, 2018, at Marjory Stoneman Douglas High School in
1999 Broward County. The department shall collaborate with the
2000 students and faculty of Marjory Stoneman Douglas High School,
2001 the families of the victims, the Broward County School District,
2002 and other relevant entities of the Parkland community on the
2003 design and placement of the memorial.
2004 Section 33. For the 2018-2019 fiscal year, the sum of $15
2005 million in nonrecurring funds is appropriated from the General
2006 Revenue Fund to the Department of Education combined with an
2007 equal amount of local matching funds for the purpose of
2008 replacing Building 12, as listed in the Florida Inventory of
2009 School Houses, at Marjory Stoneman Douglas High School in
2010 Broward County.
2011 Section 34. For the 2018-2019 fiscal year, the sums of
2012 $500,000 in recurring funds and $67 million in nonrecurring
2013 funds are appropriated from the General Revenue Fund to the
2014 Department of Education to implement the Florida Sheriff’s
2015 Marshal Program pursuant to s. 1006.1491, Florida Statutes.
2016 Section 35. For the 2018-2019 fiscal year, three full-time
2017 equivalent positions, with associated salary rate of 150,000,
2018 are authorized, and the sum of $344,393 in recurring funds are
2019 appropriated from the General Revenue Fund to the Department of
2020 Education to fund the Office of Safe Schools created pursuant to
2021 s. 1001.217, Florida Statutes.
2022 Section 36. For the 2018-2019 fiscal year, the sum of $75
2023 million in recurring funds is appropriated from the General
2024 Revenue Fund to the Department of Education in the Aid to Local
2025 Governments Grants and Aids – Florida Education Finance Program
2026 category for the safe schools allocation. These funds are in
2027 addition to the safe schools allocation funds appropriated in
2028 the Florida Education Finance Program in the Fiscal Year 2018
2029 2019 General Appropriations Act. From these funds, $13,675,820
2030 shall be added equally to each school district and developmental
2031 research school to provide a district minimum amount of
2032 $250,000. Notwithstanding s. 1011.62(15), Florida Statutes, the
2033 balance of the funds shall be allocated to school districts
2034 based on each district’s proportionate share of the state’s
2035 total unweighted full-time equivalent student enrollment. Each
2036 school district must use these funds exclusively for hiring or
2037 contracting for safe-school officers pursuant to s. 1006.12,
2038 Florida Statutes.
2039 Section 37. For the 2018-2019 fiscal year, the sum of
2040 $100,000 in recurring funds is appropriated from the General
2041 Revenue Fund to the Department of Education to competitively
2042 procure the active shooter training component of the school
2043 safety specialist training program pursuant to s. 1001.217,
2044 Florida Statutes.
2045 Section 38. For the 2018-2019 fiscal year, the sum of
2046 $90,688,152 in nonrecurring funds is appropriated from the
2047 General Revenue Fund to the Department of Education to implement
2048 a grant program that will provide awards to schools to fund, in
2049 whole or in part, the fixed capital outlay costs associated with
2050 improving the physical security of school buildings as
2051 identified by a security risk assessment completed before August
2052 1, 2018, by a school district or charter school. By August 31,
2053 2018, the department shall submit the grant guidelines, which
2054 must include an application submission deadline of no later than
2055 December 1, 2018, and the specific evaluation criteria, to all
2056 school districts and charter schools. The department shall award
2057 grants no later than January 15, 2019, based upon the evaluation
2058 criteria set forth in the application guidelines.
2059 Section 39. For the 2018-2019 fiscal year, the sums of
2060 $300,000 in nonrecurring funds and $100,000 in recurring funds
2061 are appropriated from the General Revenue Fund to the Department
2062 of Law Enforcement to competitively procure proposals for the
2063 development or acquisition of the mobile suspicious activity
2064 reporting tool pursuant to s. 943.082. The tool shall be
2065 implemented no later than January 31, 2019.
2066 Section 40. For the 2018-2019 fiscal year, five full-time
2067 equivalent positions, with associated salary rate of 345,000,
2068 are authorized and the recurring sum of $600,000 and the
2069 nonrecurring sum of $50,000 are appropriated from the General
2070 Revenue Fund to the Department of Law Enforcement to fund the
2071 operations of the Marjory Stoneman Douglas High School Public
2072 Safety Commission.
2073 Section 41. For the 2018-2019 fiscal year, the sum of $9.8
2074 million in nonrecurring funds is appropriated from the General
2075 Revenue Fund to the Department of Children and Families to
2076 competitively procure for additional community action teams to
2077 ensure reasonable access among all counties. The department
2078 shall consider the geographic location of existing community
2079 action teams and select providers to serve the areas of greatest
2080 need.
2081 Section 42. For the 2018-2019 fiscal year, the sums of
2082 $11,140,105 in nonrecurring funds, and $7,159,895 in recurring
2083 funds are appropriated from the General Revenue Fund to the
2084 Department of Children and Families to competitively procure
2085 proposals for additional mobile crisis teams to ensure
2086 reasonable access among all counties. The department shall
2087 consider the geographic location of existing mobile crisis teams
2088 and select providers to serve the areas of greatest need.
2089 Section 43. For the 2018-2019 fiscal year, 67 full-time
2090 equivalent positions, with associated salary rate of 3,685,000,
2091 are authorized and the recurring sum of $6,177,391 and the
2092 nonrecurring sum of $296,743 are appropriated from the General
2093 Revenue Fund to Department of Children and Families to hire case
2094 managers who will be assigned to each Sheriff’s Office in the
2095 state.
2096 Section 44. For the 2018-2019 fiscal year, the sums of
2097 $18,321 in recurring funds and $225,000 in nonrecurring funds
2098 are appropriated from the General Revenue Fund to the Department
2099 of Education in the Special Categories – Teacher and School
2100 Administrator Death Benefits category to provide for the
2101 benefits awarded pursuant to s. 112.1915, Florida Statutes, to
2102 the eligible recipients of the three Marjory Stoneman Douglas
2103 High School staff members who lost their lives on February 14,
2104 2018.
2105 Section 45. For the 2018-2019 fiscal year, the sum of $5
2106 million in nonrecurring funds is appropriated from the General
2107 Revenue Fund to the Department of Education to competitively
2108 procure for the development or acquisition of the Threat
2109 Monitoring System. The department shall collaborate with the
2110 school districts to identify the requirements and functionality
2111 of the Threat Monitoring System and shall make such resources
2112 available to the school districts no later than December 1,
2113 2018.
2114 Section 46. This act shall take effect upon becoming a law.
