The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Education Pre-K -12 BILL: SB 1396 INTRODUCER: Senator Gruters SUBJECT: Security for Jewish Day Schools and Preschools DATE: February 5, 2024 ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Bouck Bouck ED Favorable 2. AED 3. FP I. Summary: SB 1396 establishes a program under the Department of Education to provide recurring funds for school hardening of facilities at Jewish day schools and preschools. The bill specifies that, based on a risk assessment, funds may be used for: Security cameras, lighting, fencing, and shatter-resistant glass. Licensed security personnel. Transportation expenses that minimize security exposure. Nonhardening security measures such as detection, prevention, and security services. The funding is as determined in the General Appropriations Act. The bill takes effect on July 1, 2024. II. Present Situation: Funding for School Safety Safe School Allocation A safe schools allocation was created in 2017 1 to provide funding to assist school districts in their compliance with laws relating to student discipline and school safety, 2 with priority given to establishing a school resource officer program. Under the safe schools allocation each school district receives a minimum amount provided in the General Appropriations Act (GAA), with the balance allocated to school districts based on the most recent official Florida Crime Index and two-thirds based on each school district’s 1 Chapter 2017-116, s. 4, Laws of Fla. 2 Sections 1006.07-1006.148, F.S. (2017) REVISED: BILL: SB 1396 Page 2 proportionate share of the state’s total unweighted full-time equivalent (FTE) student enrollment. 3 In every year of the allocation each school districts has received a minimum of $250,000. Fiscal Year Safe Schools Allocation 2023-2024 $250 million 4 2022-2023 $210 million 5 2021-2022 $180 million 6 2020-2021 $180 million 7 2019-2020 $180 million 8 2018-2019 $161,956,019 9 School Hardening Grant Program The School Hardening Grant Program (grant) provides awards to schools for fixed capital outlay costs to improve the physical security for school buildings based on the security risk assessment under the Florida Safe Schools Assessment Tool (FSSAT). 10 School districts and charter schools receiving the grant must report to the Department of Education the total estimated costs of their unmet school campus hardening needs as identified by the FSSAT. Funds are awarded based on district application, and are allocated initially based on each district's capital outlay FTE student membership and charter school FTE. Each school district allocation is no less than $42,000. Fiscal Year School Hardening Grant 2022-2023 $20 million 11 2021-2022 $42 million 12 2020-2021 $42 million 13 2019-2020 $50 million 14 2018-2019 $98,962,286 15 3 Section 1011.62(12), F.S. Distribution of funds is also contingent upon the school district’s compliance with reporting requirements related to bullying and harassment. Section 1006.147(7), F.S. 4 Specific Appropriation 80, ch. 2023-239, Laws of Fla. 5 Specific Appropriation 86, ch. 2022-156, Laws of Fla. 6 Specific Appropriation 90, ch. 2021-36, Laws of Fla. 7 Specific Appropriation 92, ch. 2020-111, Laws of Fla. 8 Specific Appropriation 93, ch. 2019-115, Laws of Fla. 9 Specific Appropriation 92, ch. 2018-9, Laws of Fla. Chapter 2018-2, s. 42, Laws of Fla. 10 See e.g. Specific Appropriation 108, ch. 2022-156, Laws of Fla. The Florida Safe Schools Assessment Tool (FSSAT) is an online platform for enhanced risk assessment and domain awareness at the state, district and school levels — providing a broad array of security risk assessment, field reporting, data analytics and information-sharing capabilities for all school safety stakeholders, from state administrators to district security directors and school personnel responsible for the safety and security of students, staff and campus facilities. Florida Department of Education, Florida Safe Schools Assessment Tool (FSSAT), https://www.fldoe.org/safe-schools/fssat-tool.stml (last visited Jan. 31, 2024). The FSSAT must help school officials identify threats, vulnerabilities, and appropriate safety controls for the schools that they supervise, pursuant to the public school security risk assessment required in law. Section 1006.1493, F.S. 11 Specific Appropriation 108, ch. 2022-156, Laws of Fla. 12 Specific Appropriation 113A, ch. 2021-36, Laws of Fla. 13 Specific Appropriation 117A, ch. 2020-111, Laws of Fla. 14 Specific Appropriation 116A, ch. 2019-115, Laws of Fla. 15 Chapter 2018-3, s. 44, Laws of Fla. BILL: SB 1396 Page 3 Nonprofit Security Grant Program During the 2023 regular session, the Legislature directed the Division of Emergency Management (DEM) to establish a state Nonprofit Security Grant Program (NSGP) similar to the federal NSGP. 16 The state NSGP made funds available to houses of worship, schools, museums, and community centers, that are at high risk for violent attacks or hate crimes. The grants ranged from $10,000 to $150,000 and could be used to increase security and safety, including, but not limited to: The purchase and installation of security infrastructure, perimeter lighting, materials for door hardening, security camera systems, perimeter fencing, barriers and bollards, and blast- resistant film and shatter-resistant glass for windows. Hiring security personnel. Training for security personnel and staff on threat awareness, emergency procedures, and first aid. DEM rules to administer the grant program must include prioritizing applicants that are houses of worship or whose facilities are frequented by children or students on a daily basis. The state NSGP did not receive an appropriation during the 2023 regular legislative session. However, in the 2023C special session the state NSGP was appropriated $20 million for the 2023-2024 fiscal year. 17 Security Funding for Jewish Day Schools Generally, security funding for Jewish day schools has been appropriated each year as projects in the GAA, as follows: Fiscal Year Amount 2023-2024 $5 million 18 2022-2023 $4 million 19 2021-2022 $4 million 20 2020-2021 $2.5 million 21 2019-2020 $2.5 million 22 2018-2019 $2 million 23 2017-2018 $654,491 24 16 Chapter 2023-180, Laws of Fla.; codified as s. 252.3712, F.S. 17 Chapter 2023-352, s. 3, Laws of Fla. 18 Specific Appropriations 100 and 105, ch. 2023-239, Laws of Fla. 19 Specific Appropriations 104 and 109, ch. 2022-156, Laws of Fla. 20 Specific Appropriations 110 and 114, ch. 2021-36, Laws of Fla. 21 Specific Appropriation 118, ch. 2020-111, Laws of Fla. 22 Specific Appropriation 117, ch. 2019-115, Laws of Fla. 23 Specific Appropriation 116, ch. 2018-9, Laws of Fla. 24 Specific Appropriation 114, ch. 2017-70, Laws of Fla. BILL: SB 1396 Page 4 Additionally, in the 2023 special session for the 2023-2024 fiscal year, the Legislature appropriated the following nonrecurring funds: Fixed capital outlay of $15,000,000 to provide grants to full-time Jewish day schools and Jewish preschools for hardening security measures, including the purchase and installation of security infrastructure, perimeter lighting, materials for door hardening, security camera systems, perimeter fencing, barriers and bollards, and blast-resistant film and shatter-resistant glass for windows. 25 Grants totaling $10,000,000 to full-time Jewish day schools and Jewish preschools for nonhardening security measures, including hiring security personnel and training for security personnel and staff on threat awareness, emergency procedures, and first aid. 26 III. Effect of Proposed Changes: SB 1396 creates s. 1001.2921, F.S., to establish a program under the Department of Education (DOE) to provide recurring funds to enhance the security of full-time Jewish day schools and preschools with professional security hardening for school facilities. The bill specifies that based on a risk assessment by a law enforcement agency or a private security company, recurring funds must be used for any of the following: The purchase and installation of security cameras, perimeter lighting, perimeter fencing, and shatter-resistant glass for windows. Hiring or contracting with security personnel who are licensed and regulated by the state and insured. Expenses relating to transportation to minimize security exposure of staff, parents, and students. Other nonhardening security measures, including, but not limited to, providing professional detection, prevention, and security services to such schools and preschools. The bill authorizes the State Board of Education to adopt rules to implement the program. The bill takes effect on July 1, 2024. IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: None. B. Public Records/Open Meetings Issues: None. C. Trust Funds Restrictions: None. 25 Chapter 2023-352, s. 4, Laws of Fla. 26 Chapter 2023-352, s. 5, Laws of Fla. BILL: SB 1396 Page 5 D. State Tax or Fee Increases: None. E. Other Constitutional Issues: None. V. Fiscal Impact Statement: A. Tax/Fee Issues: None. B. Private Sector Impact: None. C. Government Sector Impact: The bill specifies funding will be as determined in the General Appropriations Act. VI. Technical Deficiencies: None. VII. Related Issues: None. VIII. Statutes Affected: This bill creates section 1001.2921 of the Florida Statutes. IX. Additional Information: A. Committee Substitute – Statement of Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.) None. B. Amendments: None. This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.