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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to school safety; amending s. 943.082, 2
F.S.; requiring the FortifyFL reporting tool to notify 3
reporting parties that submitting false information 4
may subject them to criminal penalties; providing that 5
certain reports will remain anonymous; amending s. 6
943.687, F.S.; revising the duties of the Marjory 7
Stoneman Douglas High School Public Safety Commission; 8
extending the scheduled repeal of the commiss ion; 9
amending s. 1001.11, F.S.; requiring the Commissioner 10
of Education to oversee and enforce compliance with 11
requirements relating to school safety and security; 12
amending s. 1001.212, F.S.; revising the duties of the 13
Office of Safe Schools; amending s. 1 006.07, F.S.; 14
requiring certain law enforcement officers to be 15
physically present and directly involved in active 16
assailant emergency drills; requiring school districts 17
to notify such law enforcement officers within a 18
specified time period of such drills; requiring the 19
State Board of Education to adopt rules; specifying 20
the requirements for the rules; requiring district 21
school boards and charter school governing boards, in 22
coordination with specified entities, to adopt family 23
reunification plans; providing for the update and 24
review of such plan; requiring all members of threat 25
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assessment teams to be involved in certain processes 26
and decisions; requiring the Department of Education 27
to annually publish on its website specified data in 28
certain format; requiring district school boards to 29
adopt certain policies relating to suicide screening 30
instruments; amending s. 1006.12, F.S.; making 31
technical changes; authorizing school safety officers 32
to make arrests on property owned or leased by a 33
charter school under a cha rter contract; requiring 34
district school superintendents, charter school 35
administrators, or their designees, instead of school 36
districts, to notify county sheriffs and the Office of 37
Safe Schools of certain safe -school officer-related 38
incidents; specifying training requirements for safe -39
school officers; amending s. 1006.1493, F.S.; 40
requiring the Florida Safe Schools Assessment Tool to 41
address policies and procedures to prepare for and 42
respond to natural and manmade disasters; amending s. 43
1012.584, F.S.; requ iring each school district to 44
annually certify that a specified percentage of school 45
personnel have received certain training by a 46
specified date; providing effective dates. 47
48
Be It Enacted by the Legislature of the State of Florida: 49
50
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Section 1. Effective October 1, 2022, paragraph (c) is 51
added to subsection (2) of section 943.082, Florida Statutes, to 52
read: 53
943.082 School Safety Awareness Program. — 54
(2) The reporting tool must notify the reporting party of 55
the following information: 56
(c) That if, following an investigation, it is determined 57
that a person knowingly submitted a false tip through FortifyFL, 58
the Internet protocol (IP) address of the device on which the 59
tip was submitted will be provided to law enforcement agencies 60
for further investigation, and the reporting party may be 61
subject to criminal penalties under s. 837.05. In all other 62
circumstances, unless the reporting party has chosen to disclose 63
his or her identity, the report will remain anonymous. 64
Section 2. Subsections (3) and (9 ) of section 943.687, 65
Florida Statutes, are amended to read: 66
943.687 Marjory Stoneman Douglas High School Public Safety 67
Commission.— 68
(3) The commission shall monitor implementation of school 69
safety legislation by investigate system failures in the Marj ory 70
Stoneman Douglas High School shooting and prior mass violence 71
incidents in this state and develop recommendations for system 72
improvements. At a minimum, the commission shall analyze 73
information and evidence from the Marjory Stoneman Douglas High 74
School shooting and other mass violence incidents in this state. 75
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At a minimum, the commission shall : 76
(a) Evaluating the activities of the Office of Safe 77
Schools to provide guidance to school districts, identifying 78
areas of noncompliance and mechani sms used to achieve 79
compliance. 80
(b) Reviewing the findings of the Auditor General 81
regarding school district school safety policies and procedures 82
that need improvement to ensure and demonst rate compliance with 83
state law. 84
(c) Reviewing school hardening grant expend itures and 85
evaluating such expenditures based on the report of the School 86
Hardening and Harm Mitigation Workgroup, recommendations of law 87
enforcement agencies pursuant to s. 1006.07(8), and the return 88
on investment analysis required by s. 1006.1493. 89
(d) Evaluating the utilization of the centralized 90
integrated data repository by schools and its effectiveness in 91
conducting threat assessments. 92
(e) Assessing efforts by local governments to improve 93
communication and coordination among regional emergency 94
communications systems Develop a timeline of the incident, 95
incident response, and all relevant events preceding the 96
incident, with particular attention to all perpetrator contacts 97
with local, state, and national government agencies and entities 98
and any contract providers of such agencies and entities . 99
(f)(b) Investigating Investigate any failures in incident 100
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responses by local law enforcement agencies and school resource 101
officers. 102
1. Identifying Identify existing policies and procedures 103
for active assailant incidents on school premises and evaluating 104
evaluate the compliance with such policies and procedures in the 105
execution of incident responses. 106
2. Evaluate existing policies and procedures for active 107
assailant incidents on school premi ses in comparison with 108
national best practices. 109
2.3. Evaluating Evaluate the extent to which any failures 110
in policy, procedure, or execution may contribute contributed to 111
an inability to prevent deaths and injuries. 112
3.4. Making Make specific recommendations for improving 113
law enforcement and school resource officer responses to 114
incidents incident response in the future . 115
5. Make specific recommendations for determining the 116
appropriate ratio of school resource officers per school by 117
school type. At a min imum, the methodology for determining the 118
ratio should include the school location, student population, 119
and school design. 120
(g)(c) Investigating Investigate any failures in 121
interactions with perpetrators preceding incidents of mass 122
violence incidents. 123
1. Identify the history of interactions between 124
perpetrators and governmental entities such as schools, law 125
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enforcement agencies, courts, and social service agencies, and 126
identify any failures to adequately communicate or coordinate 127
regarding indicators o f risk or possible threats. 128
1.2. Evaluating Evaluate the extent to which any such 129
failures contributed to an inability to prevent deaths and 130
injuries. 131
2.3. Making Make specific recommendations for improving 132
communication and coordination among entities with knowledge of 133
indicators of risk or possible threats of mass violence in the 134
future. 135
4. Identify available state and local tools and resources 136
for enhancing communication and coordination regarding 137
indicators of risk or possible threats, including, but not 138
limited to, the Department of Law Enforcement Fusion Center or 139
Judicial Inquiry System, and make specific recommendations for 140
using such tools and resources more effectively in the future. 141
(9) The commission shall submit an initial report on its 142
findings and recommendations to the Governor, President of the 143
Senate, and Speaker of the House of Representatives by January 144
1, 2019, and may issue reports annually thereafter. The 145
commission shall sunset July 1, 2026 2023, and this section is 146
repealed on that date. 147
Section 3. Subsection (9) of section 1001.11, Florida 148
Statutes, is amended to read: 149
1001.11 Commissioner of Education; other duties. — 150
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(9) The commissioner shall oversee and enforce compliance 151
with the requirements relating to school safety and security 152
requirements of the Marjory Stoneman Douglas High School Public 153
Safety Act, chapter 2018 -3, Laws of Florida, by school 154
districts; district school superintendents; and public schools, 155
including charter schools. The commissioner must facilit ate 156
compliance to the maximum extent provided under law, identify 157
incidents of noncompliance, and impose or recommend to the State 158
Board of Education, the Governor, or the Legislature enforcement 159
and sanctioning actions pursuant to s. 1008.32 and other 160
authority granted under law. 161
Section 4. Present subsections (14) and (15) of section 162
1001.212, Florida Statutes, are redesignated as subsections (15) 163
and (16), respectively, a new subsection (14) and subsection 164
(17) are added to that section, and subsecti ons (2), (6), and 165
(10) of that section are amended, to read: 166
1001.212 Office of Safe Schools. —There is created in the 167
Department of Education the Office of Safe Schools. The office 168
is fully accountable to the Commissioner of Education. The 169
office shall serve as a central repository for best practices, 170
training standards, and compliance oversight in all matters 171
regarding school safety and security, including prevention 172
efforts, intervention efforts, and emergency preparedness 173
planning. The office shall: 174
(2) Provide ongoing professional development opportunities 175
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to school district and charter school personnel. 176
(6) Coordinate with the Department of Law Enforcement to 177
provide a unified search tool, known as the Florida School 178
Safety Portal, centralized integrated data repository and data 179
analytics resources to improve access to timely, complete, and 180
accurate information integrating data from, at a minimum, but 181
not limited to, the following data sources by August 1, 2019: 182
(a) Social media Internet posts; 183
(b) The Department of Children and Families; 184
(c) The Department of Law Enforcement; 185
(d) The Department of Juvenile Justice; 186
(e) The mobile suspicious activity reporting tool known as 187
FortifyFL; 188
(f) School environmental safety incident reports coll ected 189
under subsection (8); and 190
(g) Local law enforcement. 191
192
Data that is exempt or confidential and exempt from public 193
records requirements retains its exempt or confidential and 194
exempt status when incorporated into the centralized integrated 195
data repository. To maintain the confidentiality requirements 196
attached to the information provided to the centralized 197
integrated data repository by the various state and local 198
agencies, data governance and security shall ensure compliance 199
with all applicable state an d federal data privacy requirements 200
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through the use of user authorization and role -based security, 201
data anonymization and aggregation and auditing capabilities. To 202
maintain the confidentiality requirements attached to the 203
information provided to the centra lized integrated data 204
repository by the various state and local agencies, each source 205
agency providing data to the repository shall be the sole 206
custodian of the data for the purpose of any request for 207
inspection or copies thereof under chapter 119. The dep artment 208
shall only allow access to data from the source agencies in 209
accordance with rules adopted by the respective source agencies 210
and the requirements of the Federal Bureau of Investigation 211
Criminal Justice Information Services security policy, where 212
applicable. 213
(10) Disseminate, in consultation with the Department of 214
Law Enforcement, to participating schools awareness and 215
education materials on the proper use of the School Safety 216
Awareness Program developed pursuant to s. 943.082 , including 217
the consequences of knowingly submitting false information . 218
(14) Develop, in coordination with the Division of 219
Emergency Management; other federal, state, and local law 220
enforcement agencies; fire and rescue agencies; and first 221
responder agencies, a model family reunification plan for use by 222
child care facilities, public K -12 schools, and public 223
postsecondary educational institutions that are closed or 224
unexpectedly evacuated due to a natural or manmade disaster. 225
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This model plan shall consider the integration of student 226
information and notification systems to facilitate reunification 227
after a natural or manmade disaster. This model plan shall be 228
reviewed annually and updated, as applicable. 229
(17) Maintain a current directory of pub lic school-based 230
diversion programs and cooperate with each judicial circuit and 231
the Department of Juvenile Justice to facilitate their efforts 232
to monitor and enforce each governing body's compliance with s. 233
985.12. 234
Section 5. Paragraph (a) of subsecti on (4), paragraph (a) 235
of subsection (7), and subsection (9) of section 1006.07, 236
Florida Statutes, are amended, paragraph (d) is added to 237
subsection (6), and subsection (11) is added to that section, to 238
read: 239
1006.07 District school board duties relating to student 240
discipline and school safety. —The district school board shall 241
provide for the proper accounting for all students, for the 242
attendance and control of students at school, and for proper 243
attention to health, safety, and other matters relating to the 244
welfare of students, including: 245
(4) EMERGENCY DRILLS; EMERGENCY PROCEDURES. — 246
(a) Formulate and prescribe policies and procedures, in 247
consultation with the appropriate public safety agencies, for 248
emergency drills and for actual emergencies, including, but not 249
limited to, fires, natural disasters, active assailant and 250
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hostage situations, and bomb threats, for all students and 251
faculty at all public schools of the district composed comprised 252
of grades K-12, pursuant to State Board of Education rules . 253
Drills for active assailant and hostage situations must shall be 254
conducted in accordance with developmentally appropriate and 255
age-appropriate procedures , as specified in State Board of 256
Education rules at least as often as other emergency drills . Law 257
enforcement officers responsible for responding to the school in 258
the event of an active assailant emergency, as determined 259
necessary by the sheriff in coordination with the district's 260
school safety specialist, must be physically present on campus 261
and directly involve d in the execution of active assailant 262
emergency drills. School districts must notify law enforcement 263
officers at least 24 hours before conducting an active assailant 264
emergency drill at which such law enforcement officers are 265
expected to attend. District school board policies must shall 266
include commonly used alarm system responses for specific types 267
of emergencies and verification by each school that drills have 268
been provided as required by law , State Board of Education 269
rules, and fire protection codes and may provide accommodations 270
for drills conducted by exceptional student education centers. 271
District school boards shall establish emergency response and 272
emergency preparedness policies and procedures that include, but 273
are not limited to, identifying the individuals responsible for 274
contacting the primary emergency response agency and the 275
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emergency response agency that is responsible for notifying the 276
school district for each type of emergency. The State Board of 277
Education shall refer to recommendations provided in reports 278
published pursuant to s. 943.687 for guidance and, by August 1, 279
2023, consult with state and local constituencies to adopt rules 280
applicable to the requirements of this subsection which, at a 281
minimum, define the terms "emergency drill," "active threat," 282
and "after-action report" and establish minimum emergency drill 283
policies and procedures related to the timing, frequency, 284
participation, training, notification, accommodations, and 285
responses to threat situations by incident type, school level, 286
school type, and student and school characteristics. The rules 287
must require all types of emergency drills to be conducted no 288
less frequently than on an annual school year basis. 289
(6) SAFETY AND SECURITY BEST PRACTICES. —Each district 290
school superintendent shall establish policies and procedures 291
for the prevention of violence on school grounds, including the 292
assessment of and intervention with individuals whose behavior 293
poses a threat to the safety of the school community. 294
(d) Each district school board and charter school 295
governing board shall adopt, in coordination with local law 296
enforcement agencies and local governments, a family 297
reunification plan to reunite students and employees with their 298
families in the event that a sch ool is closed or unexpectedly 299
evacuated due to a natural or manmade disaster. This 300
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reunification plan must be reviewed annually and updated, as 301
applicable. 302
(7) THREAT ASSESSMENT TEAMS. —Each district school board 303
shall adopt policies for the establishment of threat assessment 304
teams at each school whose duties include the coordination of 305
resources and assessment and intervention with individuals whose 306
behavior may pose a threat to the safety of school staff or 307
students consistent with the model policies dev eloped by the 308
Office of Safe Schools. Such policies must include procedures 309
for referrals to mental health services identified by the school 310
district pursuant to s. 1012.584(4), when appropriate, and 311
procedures for behavioral threat assessments in complian ce with 312
the instrument developed pursuant to s. 1001.212(12). 313
(a) A threat assessment team shall include persons with 314
expertise in counseling, instruction, school administration, and 315
law enforcement. All members of the threat assessment team must 316
be involved in the threat assessment process and final 317
decisionmaking. The threat assessment teams shall identify 318
members of the school community to whom threatening behavior 319
should be reported and provide guidance to students, faculty, 320
and staff regarding recogn ition of threatening or aberrant 321
behavior that may represent a threat to the community, school, 322
or self. Upon the availability of the behavioral threat 323
assessment instrument developed pursuant to s. 1001.212(12), the 324
threat assessment team shall use that i nstrument. 325
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(9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING. —Each 326
district school board shall adopt policies to ensure the 327
accurate and timely reporting of incidents related to school 328
safety and discipline. The district school superintendent is 329
responsible for school environmental safety incident reporting. 330
A district school superintendent who fails to comply with this 331
subsection is subject to the penalties specified in law, 332
including, but not limited to, s. 1001.42(13)(b) or s. 333
1001.51(12)(b), as appli cable. The State Board of Education 334
shall adopt rules establishing the requirements for the school 335
environmental safety incident report. Annually, the department 336
shall publish on its website the most recently available school 337
environmental safety incident data along with other school 338
accountability and performance data in a uniform, statewide 339
format that is easy to read and understand. 340
(11) SUICIDE SCREENING INSTRUMENT. —Each district school 341
board shall adopt policies to ensure that district schools and 342
local mobile response teams use the same suicide screening 343
instrument approved by the department pursuant to s. 1012.583. 344
Section 6. Present subsection (6) of section 1006.12, 345
Florida Statutes, is redesignated as subsection (8), a new 346
subsection (6) and subsection (7) are added to that section, and 347
paragraph (c) of subsection (1), paragraphs (a) and (b) of 348
subsection (2), and subsection (5) of that section are amended, 349
to read: 350
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1006.12 Safe-school officers at each public school. —For 351
the protection and s afety of school personnel, property, 352
students, and visitors, each district school board and school 353
district superintendent shall partner with law enforcement 354
agencies or security agencies to establish or assign one or more 355
safe-school officers at each scho ol facility within the 356
district, including charter schools. A district school board 357
must collaborate with charter school governing boards to 358
facilitate charter school access to all safe -school officer 359
options available under this section. The school distri ct may 360
implement any combination of the options in subsections (1) -(4) 361
to best meet the needs of the school district and charter 362
schools. 363
(1) SCHOOL RESOURCE OFFICER. —A school district may 364
establish school resource officer programs through a cooperative 365
agreement with law enforcement agencies. 366
(c) Complete mental health crisis intervention training 367
using a curriculum developed by a national organization with 368
expertise in mental health crisis intervention. The training 369
shall improve officers' knowledge a nd skills as first responders 370
to incidents involving students with emotional disturbance or 371
mental illness, including de -escalation skills to ensure student 372
and officer safety. 373
(2) SCHOOL SAFETY OFFICER. —A school district may 374
commission one or more schoo l safety officers for the protection 375
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and safety of school personnel, property, and students within 376
the school district. The district school superintendent may 377
recommend, and the district school board may appoint, one or 378
more school safety officers. 379
(a) School safety officers shall undergo criminal 380
background checks, drug testing, and a psychological evaluation 381
and be law enforcement officers, as defined in s. 943.10(1), 382
certified under the provisions of chapter 943 and employed by 383
either a law enforcement agency or by the district school board. 384
If the officer is employed by the district school board, the 385
district school board is the employing agency for purposes of 386
chapter 943, and must comply with the provisions of that 387
chapter. 388
(b) A school safety offi cer has and shall exercise the 389
power to make arrests for violations of law on district school 390
board property or on property owned or leased by a charter 391
school under a charter contract, as applicable, and to arrest 392
persons, whether on or off such property, who violate any law on 393
such property under the same conditions that deputy sheriffs are 394
authorized to make arrests. A school safety officer has the 395
authority to carry weapons when performing his or her official 396
duties. 397
(5) NOTIFICATION.—The district school superintendent or 398
charter school administrator, or a respective designee, school 399
district shall notify the county sheriff and the Office of Safe 400
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Schools immediately after, but no later than 72 hours after: 401
(a) A safe-school officer is dismissed for m isconduct or 402
is otherwise disciplined. 403
(b) A safe-school officer discharges his or her firearm in 404
the exercise of the safe -school officer's duties, other than for 405
training purposes. 406
(6) CRISIS INTERVENTION TRAINING. — 407
(a) Each safe-school officer who is also a sworn law 408
enforcement officer shall complete mental health crisis 409
intervention training using a curriculum developed by a national 410
organization with expertise in mental health crisis 411
intervention. The training must improve the officer's knowledge 412
and skills as a first responder to incidents involving students 413
with emotional disturbance or mental illness, including de -414
escalation skills to ensure student and officer safety. 415
(b) Each safe-school officer who is not a sworn law 416
enforcement officer sh all receive training to improve the 417
officer's knowledge and skills necessary to respond to and de -418
escalate incidents on school premises. 419
(7) LIMITATIONS.—An individual must satisfy the background 420
screening, psychological evaluation, and drug test require ments 421
and be approved by the sheriff before participating in any 422
training required by s. 30.15(1)(k), which may be conducted only 423
by a sheriff. 424
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If a district school board, through its adopted policies, 426
procedures, or actions, denies a charter school acces s to any 427
safe-school officer options pursuant to this section, the school 428
district must assign a school resource officer or school safety 429
officer to the charter school. Under such circumstances, the 430
charter school's share of the costs of the school resourc e 431
officer or school safety officer may not exceed the safe school 432
allocation funds provided to the charter school pursuant to s. 433
1011.62(13) and shall be retained by the school district. 434
Section 7. Paragraph (a) of subsection (2) of section 435
1006.1493, Florida Statutes, is amended to read: 436
1006.1493 Florida Safe Schools Assessment Tool. — 437
(2) The FSSAT must help school officials identify threats, 438
vulnerabilities, and appropriate safety controls for the schools 439
that they supervise, pursuant to the security risk assessment 440
requirements of s. 1006.07(6). 441
(a) At a minimum, the FSSAT must address all of the 442
following components: 443
1. School emergency and crisis preparedness planning; 444
2. Security, crime, and viole nce prevention policies and 445
procedures; 446
3. Physical security measures; 447
4. Professional development training needs; 448
5. An examination of support service roles in school 449
safety, security, and emergency planning; 450
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6. School security and school police s taffing, operational 451
practices, and related services; 452
7. School and community collaboration on school safety; 453
and 454
8. Policies and procedures for school officials to prepare 455
for and respond to natural and manmade disasters, including 456
family reunification plans to reunite students and employees 457
with their families after a school is closed or unexpectedly 458
evacuated due to such disasters; and 459
9. A return on investment analysis of the recommended 460
physical security controls. 461
Section 8. Subsection (5) is added to section 1012.584, 462
Florida Statutes, to read: 463
1012.584 Continuing education and inservice training for 464
youth mental health awareness and assistance. — 465
(5) No later than July 1, 2023, and annually thereafter by 466
July 1, each school district shall certify to the department, in 467
a format determined by the department, that at least 80 percent 468
of school personnel in elementary, middle, and high schools have 469
received the training required under this section. 470
Section 9. Except as otherwise expressly provided in this 471
act, this act shall take effect July 1, 2022. 472