HB 399 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0399-00
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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
A bill to be entitled 1
An act relating to school employees; amending s. 2
790.401, F.S.; requiring that risk protection orders 3
include whether the respondent is serving as a 4
district school board member or is employed as 5
instructional personnel; requiring courts that issue 6
risk protection orders to require that the petitioner 7
immediately notify the respondent's employer or entity 8
of service of the issuance of a risk protection order 9
if the respondent meets specified criteria and to 10
notify the respondent of such notice requirement if 11
the court issues such an order; amending s. 1012.32, 12
F.S.; requiring instructional personnel to disclose to 13
their employer any prior arrests, criminal 14
convictions, guilty pleas, pleas of nolo contendere, 15
and any criminal records that were expunged; providing 16
an effective date. 17
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Be It Enacted by the Legislature of the State of Florida: 19
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Section 1. Paragraphs (g) and (h) of subsection (3) of 21
section 790.401, Florida Statutes, are amended to read: 22
790.401 Risk protection orders. — 23
(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE. — 24
(g) A risk protection order must include all of the 25
HB 399 2024
CODING: Words stricken are deletions; words underlined are additions.
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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
following: 26
1. A statement of the grounds supporting the issuance of 27
the order; 28
2. The date the order was issued; 29
3. The date the order ends; 30
4. Whether a mental health evaluation or chemical 31
dependency evaluation of the respondent is required; 32
5. The address of the court in which any responsive 33
pleading should be f iled; 34
6. A description of the requirements for the surrender of 35
all firearms and ammunition that the respondent owns, under 36
subsection (7); and 37
7. Whether the respondent is serving as a member of a 38
district school board as defined in s. 1003.01 or is e mployed as 39
instructional personnel as defined in s. 1012.01; and 40
8. The following statement: 41
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"To the subject of this protection order: This order 43
will last until the date noted above. If you have not 44
done so already, you must surrender immediately to the 45
(insert name of local law enforcement agency) all 46
firearms and ammunition that you own in your custody, 47
control, or possession and any license to carry a 48
concealed weapon or firearm issued to you under s. 49
790.06, Florida Statutes. You may not have in your 50
HB 399 2024
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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
custody or control, or purchase, possess, receive, or 51
attempt to purchase or receive, a firearm or 52
ammunition while this order is in effect. You have the 53
right to request one hearing to vacate this order, 54
starting after the date of the issuance of this order, 55
and to request another hearing after every extension 56
of the order, if any. You may seek the advice of an 57
attorney as to any matter connected with this order. " 58
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(h) If the court issues a risk protection order, the court 60
must: 61
1. Require that the petitioner immediately notify the 62
respondent's employer or entity of service of the issuance of 63
such risk protection order if the respondent meets the criteria 64
under subparagraph (g)7., and the court must notify the 65
respondent of such notice requirement; and 66
2. Inform the respondent that he or she is entitled to 67
request a hearing to vacate the order in the manner provided by 68
subsection (6). The court shall provide the respondent with a 69
form to request a hearing to vacate. 70
Section 2. Paragraph (e) is added to subsection (2) of 71
section 1012.32, Florida Statutes, to read: 72
1012.32 Qualifications of personnel.— 73
(2) 74
(e) Instructional personnel as described in paragraphs 75
HB 399 2024
CODING: Words stricken are deletions; words underlined are additions.
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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
(a), (b), and (c) must disclose any prior arrests, criminal 76
convictions, guilty pleas, and pleas of nolo contendere, 77
including any such records that were expunged, to their 78
employer, in addition to the background screening required under 79
s. 1012.56. 80
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A person subject to this subsection who is found ineligible for 82
employment under s. 1012.315, or otherwise found through 83
background screening to have been convicted of any crime 84
involving moral turpitude as defined by rule of the State Board 85
of Education, may not be employed, engaged to provide services, 86
or serve in any position that requires direct contact with 87
students. The cost of the background screening may be borne by 88
the employer or a person subject to this subsection. 89
Section 3. This act shall take effect July 1, 2024. 90