Florida 2024 Regular Session

Florida House Bill H0399 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 399 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to school employees; amending s. 2
16	16	790.401, F.S.; requiring that risk protection orders 3
17	17	include whether the respondent is serving as a 4
18	18	district school board member or is employed as 5
19	19	instructional personnel; requiring courts that issue 6
20	20	risk protection orders to require that the petitioner 7
21	21	immediately notify the respondent's employer or entity 8
22	22	of service of the issuance of a risk protection order 9
23	23	if the respondent meets specified criteria and to 10
24	24	notify the respondent of such notice requirement if 11
25	25	the court issues such an order; amending s. 1012.32, 12
26	26	F.S.; requiring instructional personnel to disclose to 13
27	27	their employer any prior arrests, criminal 14
28	28	convictions, guilty pleas, pleas of nolo contendere, 15
29	29	and any criminal records that were expunged; providing 16
30	30	an effective date. 17
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32	32	Be It Enacted by the Legislature of the State of Florida: 19
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34	34	Section 1. Paragraphs (g) and (h) of subsection (3) of 21
35	35	section 790.401, Florida Statutes, are amended to read: 22
36	36	790.401 Risk protection orders. — 23
37	37	(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE. — 24
38	38	(g) A risk protection order must include all of the 25
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40	40	HB 399 2024
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0399-00
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47	47	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
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49	49
50	50
51	51	following: 26
52	52	1. A statement of the grounds supporting the issuance of 27
53	53	the order; 28
54	54	2. The date the order was issued; 29
55	55	3. The date the order ends; 30
56	56	4. Whether a mental health evaluation or chemical 31
57	57	dependency evaluation of the respondent is required; 32
58	58	5. The address of the court in which any responsive 33
59	59	pleading should be f iled; 34
60	60	6. A description of the requirements for the surrender of 35
61	61	all firearms and ammunition that the respondent owns, under 36
62	62	subsection (7); and 37
63	63	7. Whether the respondent is serving as a member of a 38
64	64	district school board as defined in s. 1003.01 or is e mployed as 39
65	65	instructional personnel as defined in s. 1012.01; and 40
66	66	8. The following statement: 41
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68	68	"To the subject of this protection order: This order 43
69	69	will last until the date noted above. If you have not 44
70	70	done so already, you must surrender immediately to the 45
71	71	(insert name of local law enforcement agency) all 46
72	72	firearms and ammunition that you own in your custody, 47
73	73	control, or possession and any license to carry a 48
74	74	concealed weapon or firearm issued to you under s. 49
75	75	790.06, Florida Statutes. You may not have in your 50
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77	77	HB 399 2024
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0399-00
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84	84	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
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88	88	custody or control, or purchase, possess, receive, or 51
89	89	attempt to purchase or receive, a firearm or 52
90	90	ammunition while this order is in effect. You have the 53
91	91	right to request one hearing to vacate this order, 54
92	92	starting after the date of the issuance of this order, 55
93	93	and to request another hearing after every extension 56
94	94	of the order, if any. You may seek the advice of an 57
95	95	attorney as to any matter connected with this order. " 58
96	96	59
97	97	(h) If the court issues a risk protection order, the court 60
98	98	must: 61
99	99	1. Require that the petitioner immediately notify the 62
100	100	respondent's employer or entity of service of the issuance of 63
101	101	such risk protection order if the respondent meets the criteria 64
102	102	under subparagraph (g)7., and the court must notify the 65
103	103	respondent of such notice requirement; and 66
104	104	2. Inform the respondent that he or she is entitled to 67
105	105	request a hearing to vacate the order in the manner provided by 68
106	106	subsection (6). The court shall provide the respondent with a 69
107	107	form to request a hearing to vacate. 70
108	108	Section 2. Paragraph (e) is added to subsection (2) of 71
109	109	section 1012.32, Florida Statutes, to read: 72
110	110	1012.32 Qualifications of personnel.— 73
111	111	(2) 74
112	112	(e) Instructional personnel as described in paragraphs 75
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114	114	HB 399 2024
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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125	125	(a), (b), and (c) must disclose any prior arrests, criminal 76
126	126	convictions, guilty pleas, and pleas of nolo contendere, 77
127	127	including any such records that were expunged, to their 78
128	128	employer, in addition to the background screening required under 79
129	129	s. 1012.56. 80
130	130	81
131	131	A person subject to this subsection who is found ineligible for 82
132	132	employment under s. 1012.315, or otherwise found through 83
133	133	background screening to have been convicted of any crime 84
134	134	involving moral turpitude as defined by rule of the State Board 85
135	135	of Education, may not be employed, engaged to provide services, 86
136	136	or serve in any position that requires direct contact with 87
137	137	students. The cost of the background screening may be borne by 88
138	138	the employer or a person subject to this subsection. 89
139	139	Section 3. This act shall take effect July 1, 2024. 90