Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì130062mÎ130062                         
       
                              LEGISLATIVE ACTION                        
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       Senator Braynon moved the following:
       
    1         Senate Amendment to Amendment (234288) (with title
    2  amendment)
    3  
    4         Delete lines 30 - 2251
    5  and insert:
    6         Section 5. Paragraph (c) of subsection (9) of section
    7  121.091, Florida Statutes, is amended, and paragraph (f) is
    8  added to that subsection to read:
    9         121.091 Benefits payable under the system.—Benefits may not
   10  be paid under this section unless the member has terminated
   11  employment as provided in s. 121.021(39)(a) or begun
   12  participation in the Deferred Retirement Option Program as
   13  provided in subsection (13), and a proper application has been
   14  filed in the manner prescribed by the department. The department
   15  may cancel an application for retirement benefits when the
   16  member or beneficiary fails to timely provide the information
   17  and documents required by this chapter and the department’s
   18  rules. The department shall adopt rules establishing procedures
   19  for application for retirement benefits and for the cancellation
   20  of such application when the required information or documents
   21  are not received.
   22         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   23         (c) Any person whose retirement is effective on or after
   24  July 1, 2010, or whose participation in the Deferred Retirement
   25  Option Program terminates on or after July 1, 2010, who is
   26  retired under this chapter, except under the disability
   27  retirement provisions of subsection (4) or as provided in s.
   28  121.053, may be reemployed by an employer that participates in a
   29  state-administered retirement system and receive retirement
   30  benefits and compensation from that employer. However, a person
   31  may not be reemployed by an employer participating in the
   32  Florida Retirement System before meeting the definition of
   33  termination in s. 121.021 and may not receive both a salary from
   34  the employer and retirement benefits for 6 calendar months after
   35  meeting the definition of termination, except as provided in
   36  paragraph (f). However, a DROP participant shall continue
   37  employment and receive a salary during the period of
   38  participation in the Deferred Retirement Option Program, as
   39  provided in subsection (13).
   40         1. The reemployed retiree may not renew membership in the
   41  Florida Retirement System, except as provided in s. 121.122.
   42         2. The employer shall pay retirement contributions in an
   43  amount equal to the unfunded actuarial liability portion of the
   44  employer contribution that would be required for active members
   45  of the Florida Retirement System in addition to the
   46  contributions required by s. 121.76.
   47         3. A retiree initially reemployed in violation of this
   48  paragraph and an employer that employs or appoints such person
   49  are jointly and severally liable for reimbursement of any
   50  retirement benefits paid to the retirement trust fund from which
   51  the benefits were paid, including the Florida Retirement System
   52  Trust Fund and the Public Employee Optional Retirement Program
   53  Trust Fund, as appropriate. The employer must have a written
   54  statement from the employee that he or she is not retired from a
   55  state-administered retirement system. Retirement benefits shall
   56  remain suspended until repayment is made. Benefits suspended
   57  beyond the end of the retiree’s 6-month reemployment limitation
   58  period shall apply toward the repayment of benefits received in
   59  violation of this paragraph.
   60         (f) A retired law enforcement officer may be reemployed as
   61  a school resource officer by an employer that participates in
   62  the Florida Retirement System and receive compensation from that
   63  employer and retirement benefits after meeting the definition of
   64  termination in s. 121.021, but may not receive both a salary
   65  from the employer and retirement benefits for 6 calendar months
   66  immediately subsequent to the date of retirement. The reemployed
   67  retired law enforcement officer may not renew membership in the
   68  Florida Retirement System, except as provided in s. 121.122.
   69         Section 6. Paragraphs (c) and (d) of subsection (2) of
   70  section 394.463, Florida Statutes, are amended to read:
   71         394.463 Involuntary examination.—
   72         (2) INVOLUNTARY EXAMINATION.—
   73         (c) A law enforcement officer acting in accordance with an
   74  ex parte order issued pursuant to this subsection may:
   75         1. Serve and execute such order on any day of the week, at
   76  any time of the day or night; and
   77         2. Use such reasonable physical force as is necessary to
   78  gain entry to the premises, and any dwellings, buildings, or
   79  other structures located on the premises, and take custody of
   80  the person who is the subject of the ex parte order. When
   81  practicable, a law enforcement officer who has received crisis
   82  intervention team (CIT) training shall be assigned to serve and
   83  execute the ex parte order.
   84         (d)1. A law enforcement officer taking custody of a person
   85  under this subsection may seize and hold a firearm or any
   86  ammunition the person possesses at the time of taking him or her
   87  into custody if the person poses a potential danger to himself
   88  or herself or others and has made a credible threat of violence
   89  against another person.
   90         2. If the law enforcement officer takes custody of the
   91  person at the person’s residence and the criteria in
   92  subparagraph 1. have been met, the law enforcement officer may
   93  seek the voluntary surrender of firearms or ammunition kept in
   94  the residence which have not already been seized under
   95  subparagraph 1. If such firearms or ammunition are not
   96  voluntarily surrendered, or if the person has other firearms or
   97  ammunition that were not seized or voluntarily surrendered when
   98  he or she was taken into custody, a law enforcement officer may
   99  petition the appropriate court under s. 790.401 for a risk
  100  protection order against the person.
  101         3. Firearms or ammunition seized or voluntarily surrendered
  102  under this paragraph must be made available for return no later
  103  than 24 hours after the person taken into custody can document
  104  that he or she is no longer subject to involuntary examination
  105  and has been released or discharged from any inpatient or
  106  involuntary outpatient treatment provided or ordered under
  107  paragraph (g), unless a risk protection order entered under s.
  108  790.401 directs the law enforcement agency to hold the firearms
  109  or ammunition for a longer period or the person is subject to a
  110  firearm purchase disability under s. 790.065(2), or a firearm
  111  possession and firearm ownership disability under s. 790.064.
  112  The process for the actual return of firearms or ammunition
  113  seized or voluntarily surrendered under this paragraph may not
  114  take longer than 7 days.
  115         4. Law enforcement agencies must develop policies and
  116  procedures relating to the seizure, storage, and return of
  117  firearms or ammunition held under this paragraph. A law
  118  enforcement officer acting in accordance with an ex parte order
  119  issued pursuant to this subsection may use such reasonable
  120  physical force as is necessary to gain entry to the premises,
  121  and any dwellings, buildings, or other structures located on the
  122  premises, and to take custody of the person who is the subject
  123  of the ex parte order.
  124         Section 7. Section 394.495, Florida Statutes, is amended to
  125  read:
  126         394.495 Child and adolescent mental health system of care;
  127  programs and services.—
  128         (1) The department shall establish, within available
  129  resources, an array of services to meet the individualized
  130  service and treatment needs of children and adolescents who are
  131  members of the target populations specified in s. 394.493, and
  132  of their families. It is the intent of the Legislature that a
  133  child or adolescent may not be admitted to a state mental health
  134  facility and such a facility may not be included within the
  135  array of services.
  136         (2) The array of services must include assessment services
  137  that provide a professional interpretation of the nature of the
  138  problems of the child or adolescent and his or her family;
  139  family issues that may impact the problems; additional factors
  140  that contribute to the problems; and the assets, strengths, and
  141  resources of the child or adolescent and his or her family. The
  142  assessment services to be provided shall be determined by the
  143  clinical needs of each child or adolescent. Assessment services
  144  include, but are not limited to, evaluation and screening in the
  145  following areas:
  146         (a) Physical and mental health for purposes of identifying
  147  medical and psychiatric problems.
  148         (b) Psychological functioning, as determined through a
  149  battery of psychological tests.
  150         (c) Intelligence and academic achievement.
  151         (d) Social and behavioral functioning.
  152         (e) Family functioning.
  153  
  154  The assessment for academic achievement is the financial
  155  responsibility of the school district. The department shall
  156  cooperate with other state agencies and the school district to
  157  avoid duplicating assessment services.
  158         (3) Assessments must be performed by:
  159         (a) A professional as defined in s. 394.455(5), (7), (32),
  160  (35), or (36);
  161         (b) A professional licensed under chapter 491; or
  162         (c) A person who is under the direct supervision of a
  163  qualified professional as defined in s. 394.455(5), (7), (32),
  164  (35), or (36) or a professional licensed under chapter 491.
  165         (4) The array of services may include, but is not limited
  166  to:
  167         (a) Prevention services.
  168         (b) Home-based services.
  169         (c) School-based services.
  170         (d) Family therapy.
  171         (e) Family support.
  172         (f) Respite services.
  173         (g) Outpatient treatment.
  174         (h) Day treatment.
  175         (i) Crisis stabilization.
  176         (j) Therapeutic foster care.
  177         (k) Residential treatment.
  178         (l) Inpatient hospitalization.
  179         (m) Case management.
  180         (n) Services for victims of sex offenses.
  181         (o) Transitional services.
  182         (p) Trauma-informed services for children who have suffered
  183  sexual exploitation as defined in s. 39.01(71)(g).
  184         (5) In order to enhance collaboration between agencies and
  185  to facilitate the provision of services by the child and
  186  adolescent mental health treatment and support system and the
  187  school district, the local child and adolescent mental health
  188  system of care shall include the local educational multiagency
  189  network for severely emotionally disturbed students specified in
  190  s. 1006.04.
  191         (6) The department shall contract for community action
  192  treatment teams throughout the state with the managing entities.
  193  A community action treatment team shall:
  194         (a) Provide community-based behavioral health and support
  195  services to children from 11 to 13 years of age, adolescents,
  196  and young adults from 18 to 21 years of age with serious
  197  behavioral health conditions who are at risk of out-of-home
  198  placement as demonstrated by:
  199         1. Repeated failures at less intensive levels of care;
  200         2. Two or more behavioral health hospitalizations;
  201         3. Involvement with the Department of Juvenile Justice;
  202         4. A history of multiple episodes involving law
  203  enforcement; or
  204         5. A record of poor academic performance or suspensions.
  205  
  206  Children younger than 11 years of age who otherwise meet the
  207  criteria in this paragraph may be candidates for such services
  208  if they demonstrate two or more of the characteristics listed in
  209  subparagraph 1.-5.
  210         (b) Use an integrated service delivery approach to
  211  comprehensively address the needs of the child, adolescent, or
  212  young adult and strengthen his or her family and support systems
  213  to assist the child, adolescent, or young adult to live
  214  successfully in the community. A community action treatment team
  215  shall address the therapeutic needs of the child, adolescent, or
  216  young adult receiving services and assist parents and caregivers
  217  in obtaining services and support. The community action
  218  treatment team shall make referrals to specialized treatment
  219  providers if necessary, with follow up by the community action
  220  treatment team to ensure services are received.
  221         (c) Focus on engaging the child, adolescent, or young adult
  222  and his or her family as active participants in every phase of
  223  the treatment process. Community action treatment teams shall be
  224  available to the child, adolescent, or young adult and his or
  225  her family at all times.
  226         (d) Coordinate with other key entities providing services
  227  and supports to the child, adolescent, or young adult and his or
  228  her family, including, but not limited to, the child’s,
  229  adolescent’s, or young adult’s school, the local educational
  230  multiagency network for severely emotionally disturbed students
  231  under s. 1006.04, the child welfare system, and the juvenile
  232  justice system. Community action treatment teams shall also
  233  coordinate with the managing entity in their service location.
  234         (e)1. Subject to appropriations and at a minimum,
  235  individually serve each of the following counties or regions:
  236         a. Alachua.
  237         b. Alachua, Columbia, Dixie, Hamilton, Lafayette, and
  238  Suwannee.
  239         c. Bay.
  240         d. Brevard.
  241         e. Collier.
  242         f. DeSoto and Sarasota.
  243         g. Duval.
  244         h. Escambia.
  245         i. Hardee, Highlands, and Polk.
  246         j. Hillsborough.
  247         k. Indian River, Martin, Okeechobee, and St. Lucie.
  248         l. Lake and Sumter.
  249         m. Lee.
  250         n. Manatee.
  251         o. Marion.
  252         p. Miami-Dade.
  253         q. Okaloosa.
  254         r. Orange.
  255         s. Palm Beach.
  256         t. Pasco.
  257         u. Pinellas.
  258         v. Walton.
  259         2. Subject to appropriations, the department shall contract
  260  for additional teams through the managing entities to ensure the
  261  availability of community action treatment team services in the
  262  remaining areas of the state.
  263         Section 8. Section 790.064, Florida Statutes, is created to
  264  read:
  265         790.064 Firearm possession and firearm ownership
  266  disability.—
  267         (1) A person who has been adjudicated mentally defective or
  268  who has been committed to a mental institution, as those terms
  269  are defined in s. 790.065(2), may not own a firearm or possess a
  270  firearm until relief from the firearm possession and firearm
  271  ownership disability is obtained.
  272         (2) The firearm possession and firearm ownership disability
  273  runs concurrently with the firearm purchase disability provided
  274  in s. 790.065(2).
  275         (3) A person may petition the court that made the
  276  adjudication or commitment, or that ordered that the record be
  277  submitted to the Department of Law Enforcement pursuant to s.
  278  790.065(2), for relief from the firearm possession and firearm
  279  ownership disability.
  280         (4) The person seeking relief must follow the procedures
  281  set forth in s. 790.065(2) for obtaining relief from the firearm
  282  purchase disability in seeking relief from the firearm
  283  possession and firearm ownership disability.
  284         (5) The person may seek relief from the firearm possession
  285  and firearm ownership disability simultaneously with the relief
  286  being sought from the firearm purchase disability, if such
  287  relief is sought, pursuant to the procedure set forth in s.
  288  790.065(2).
  289         Section 9. Present subsection (13) of section 790.065,
  290  Florida Statutes, is redesignated as subsection (14), and a new
  291  subsection (13) is added to that section, to read:
  292         790.065 Sale and delivery of firearms.—
  293         (13) A person younger than 21 years of age may not purchase
  294  a firearm. The sale or transfer of a firearm to a person younger
  295  than 21 years of age may not be made or facilitated by a
  296  licensed importer, licensed manufacturer, or licensed dealer. A
  297  person who violates this subsection commits a felony of the
  298  third degree, punishable as provided in s. 775.082, s. 775.083,
  299  or s. 775.084. The prohibitions of this subsection do not apply
  300  to the purchase of a rifle or shotgun by a law enforcement
  301  officer or correctional officer, as those terms are defined in
  302  s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  303  servicemember as defined in s. 250.01.
  304         Section 10. Section 790.0655, Florida Statutes, is amended
  305  to read:
  306         790.0655 Purchase and delivery of firearms handguns;
  307  mandatory waiting period; exceptions; penalties.—
  308         (1)(a) There shall be A mandatory 3-day waiting period is
  309  imposed between the purchase and delivery of a firearm. The
  310  mandatory waiting period is, which shall be 3 days, excluding
  311  weekends and legal holidays, or expires upon the completion of
  312  the records checks required under s. 790.065, whichever occurs
  313  later between the purchase and the delivery at retail of any
  314  handgun. “Purchase” means the transfer of money or other
  315  valuable consideration to the retailer. “Handgun” means a
  316  firearm capable of being carried and used by one hand, such as a
  317  pistol or revolver. “Retailer” means and includes a licensed
  318  importer, licensed manufacturer, or licensed dealer every person
  319  engaged in the business of making firearm sales at retail or for
  320  distribution, or use, or consumption, or storage to be used or
  321  consumed in this state, as defined in s. 212.02(13).
  322         (b) Records of firearm handgun sales must be available for
  323  inspection by any law enforcement agency, as defined in s.
  324  934.02, during normal business hours.
  325         (2) The 3-day waiting period does shall not apply in the
  326  following circumstances:
  327         (a) When a firearm handgun is being purchased by a holder
  328  of a concealed weapons permit as defined in s. 790.06.
  329         (b) To a trade-in of another firearm handgun.
  330         (c) To the purchase of a rifle or shotgun, upon a person’s
  331  successfully completing a minimum of a 16-hour hunter safety
  332  course and possessing a hunter safety certification card issued
  333  under s. 379.3581. A person who is exempt from the hunter safety
  334  course requirements under s. 379.3581 and holds a valid Florida
  335  hunting license, is exempt from the mandatory waiting period
  336  under this section for the purchase of a rifle or shotgun.
  337         (d) When a rifle or shotgun is being purchased by a law
  338  enforcement officer or correctional officer, as those terms are
  339  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
  340  servicemember as defined in s. 250.01.
  341         (3) It is a felony of the third degree, punishable as
  342  provided in s. 775.082, s. 775.083, or s. 775.084:
  343         (a) For any retailer, or any employee or agent of a
  344  retailer, to deliver a firearm handgun before the expiration of
  345  the 3-day waiting period, subject to the exceptions provided in
  346  subsection (2).
  347         (b) For a purchaser to obtain delivery of a firearm handgun
  348  by fraud, false pretense, or false representation.
  349         Section 11. Effective October 1, 2018, section 790.222,
  350  Florida Statutes, is created to read:
  351         790.222 Bump-fire stocks prohibited.—A person may not
  352  import into this state or transfer, distribute, sell, keep for
  353  sale, offer for sale, possess, or give to another person a bump
  354  fire stock. A person who violates this section commits a felony
  355  of the third degree, punishable as provided in s. 775.082, s.
  356  775.083, or s. 775.084. As used in this section, the term “bump
  357  fire stock” means a conversion kit, a tool, an accessory, or a
  358  device used to alter the rate of fire of a firearm to mimic
  359  automatic weapon fire or which is used to increase the rate of
  360  fire to a faster rate than is possible for a person to fire such
  361  semiautomatic firearm unassisted by a kit, a tool, an accessory,
  362  or a device.
  363         Section 12. (1) Section 790.401, Florida Statutes, is
  364  intended to temporarily prevent individuals who are at high risk
  365  of harming themselves or others from accessing firearms or
  366  ammunition by allowing law enforcement officers to obtain a
  367  court order when there is demonstrated evidence that a person
  368  poses a significant danger to himself or herself or others,
  369  including significant danger as a result of a mental health
  370  crisis or violent behavior.
  371         (2) The purpose and intent of s. 790.401, Florida Statutes,
  372  is to reduce deaths and injuries as a result of certain
  373  individuals’ use of firearms while respecting constitutional
  374  rights by providing a judicial procedure for law enforcement
  375  officers to obtain a court order temporarily restricting a
  376  person’s access to firearms and ammunition. The process
  377  established by s. 790.401, Florida Statutes, is intended to
  378  apply only to situations in which the person poses a significant
  379  danger of harming himself or herself or others by possessing a
  380  firearm or ammunition and to include standards and safeguards to
  381  protect the rights of respondents and due process of law.
  382         Section 13. Section 790.401, Florida Statutes, may be cited
  383  as “The Risk Protection Order Act.”
  384         Section 14. Section 790.401, Florida Statutes, is created
  385  to read:
  386         790.401 Risk protection orders.—
  387         (1) DEFINITIONS.—As used in this section, the term:
  388         (a) “Petitioner” means a law enforcement officer or a law
  389  enforcement agency that petitions a court for a risk protection
  390  order under this section.
  391         (b) “Respondent” means the individual who is identified as
  392  the respondent in a petition filed under this section.
  393         (c) “Risk protection order” means a temporary ex parte
  394  order or a final order granted under this section.
  395         (2) PETITION FOR A RISK PROTECTION ORDER.—There is created
  396  an action known as a petition for a risk protection order.
  397         (a) A petition for a risk protection order may be filed by
  398  a law enforcement officer or law enforcement agency.
  399         (b) An action under this section must be filed in the
  400  county where the petitioner’s law enforcement office is located
  401  or the county where the respondent resides.
  402         (c) Such petition for a risk protection order does not
  403  require either party to be represented by an attorney.
  404         (d) Notwithstanding any other law, attorney fees may not be
  405  awarded in any proceeding under this section.
  406         (e) A petition must:
  407         1. Allege that the respondent poses a significant danger of
  408  causing personal injury to himself or herself or others by
  409  having a firearm or any ammunition in his or her custody or
  410  control or by purchasing, possessing, or receiving a firearm or
  411  any ammunition, and must be accompanied by an affidavit made
  412  under oath stating the specific statements, actions, or facts
  413  that give rise to a reasonable fear of significant dangerous
  414  acts by the respondent;
  415         2. Identify the quantities, types, and locations of all
  416  firearms and ammunition the petitioner believes to be in the
  417  respondent’s current ownership, possession, custody, or control;
  418  and
  419         3. Identify whether there is a known existing protection
  420  order governing the respondent under s. 741.30, s. 784.046, or
  421  s. 784.0485 or under any other applicable statute.
  422         (f) The petitioner must make a good faith effort to provide
  423  notice to a family or household member of the respondent and to
  424  any known third party who may be at risk of violence. The notice
  425  must state that the petitioner intends to petition the court for
  426  a risk protection order or has already done so and must include
  427  referrals to appropriate resources, including mental health,
  428  domestic violence, and counseling resources. The petitioner must
  429  attest in the petition to having provided such notice or must
  430  attest to the steps that will be taken to provide such notice.
  431         (g) The petitioner must list the address of record on the
  432  petition as being where the appropriate law enforcement agency
  433  is located.
  434         (h) A court or a public agency may not charge fees for
  435  filing or for service of process to a petitioner seeking relief
  436  under this section and must provide the necessary number of
  437  certified copies, forms, and instructional brochures free of
  438  charge.
  439         (i) A person is not required to post a bond to obtain
  440  relief in any proceeding under this section.
  441         (j) The circuit courts of this state have jurisdiction over
  442  proceedings under this section.
  443         (3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE.—
  444         (a) Upon receipt of a petition, the court must order a
  445  hearing to be held no later than 14 days after the date of the
  446  order and must issue a notice of hearing to the respondent for
  447  the same.
  448         1. The clerk of the court shall cause a copy of the notice
  449  of hearing and petition to be forwarded on or before the next
  450  business day to the appropriate law enforcement agency for
  451  service upon the respondent as provided in subsection (5).
  452         2. The court may, as provided in subsection (4), issue a
  453  temporary ex parte risk protection order pending the hearing
  454  ordered under this subsection. Such temporary ex parte order
  455  must be served concurrently with the notice of hearing and
  456  petition as provided in subsection (5).
  457         3. The court may conduct a hearing by telephone pursuant to
  458  a local court rule to reasonably accommodate a disability or
  459  exceptional circumstances. The court must receive assurances of
  460  the petitioner’s identity before conducting a telephonic
  461  hearing.
  462         (b) Upon notice and a hearing on the matter, if the court
  463  finds by clear and convincing evidence that the respondent poses
  464  a significant danger of causing personal injury to himself or
  465  herself or others by having in his or her custody or control, or
  466  by purchasing, possessing, or receiving, a firearm or any
  467  ammunition, the court must issue a risk protection order for a
  468  period that it deems appropriate, up to and including but not
  469  exceeding 12 months.
  470         (c) In determining whether grounds for a risk protection
  471  order exist, the court may consider any relevant evidence,
  472  including, but not limited to, any of the following:
  473         1. A recent act or threat of violence by the respondent
  474  against himself or herself or others, whether or not such
  475  violence or threat of violence involves a firearm.
  476         2. An act or threat of violence by the respondent within
  477  the past 12 months, including, but not limited to, acts or
  478  threats of violence by the respondent against himself or herself
  479  or others.
  480         3. Evidence of the respondent being seriously mentally ill
  481  or having recurring mental health issues.
  482         4. A violation by the respondent of a risk protection order
  483  or a no contact order issued under s. 741.30, s. 784.046, or s.
  484  784.0485.
  485         5. A previous or existing risk protection order issued
  486  against the respondent.
  487         6. A violation of a previous or existing risk protection
  488  order issued against the respondent.
  489         7. Whether the respondent, in this state or any other
  490  state, has been convicted of, had adjudication withheld on, or
  491  pled nolo contendere to a crime that constitutes domestic
  492  violence as defined in s. 741.28.
  493         8. The respondent’s ownership of, access to, or intent to
  494  possess firearms or ammunition.
  495         9. The unlawful or reckless use, display, or brandishing of
  496  a firearm by the respondent.
  497         10. The recurring use of, or threat to use, physical force
  498  by the respondent against another person or the respondent
  499  stalking another person.
  500         11. Whether the respondent, in this state or any other
  501  state, has been arrested for, convicted of, had adjudication
  502  withheld on, or pled nolo contendere to a crime involving
  503  violence or a threat of violence.
  504         12. Corroborated evidence of the abuse of controlled
  505  substances or alcohol by the respondent.
  506         13. Evidence of recent acquisition of firearms or
  507  ammunition by the respondent.
  508         14. Any relevant information from family and household
  509  members concerning the respondent.
  510         15. Witness testimony, taken while the witness is under
  511  oath, relating to the matter before the court.
  512         (d) A person, including an officer of the court, who offers
  513  evidence or recommendations relating to the cause of action
  514  either must present the evidence or recommendations in writing
  515  to the court with copies to each party and his or her attorney,
  516  if one is retained, or must present the evidence under oath at a
  517  hearing at which all parties are present.
  518         (e) In a hearing under this section, the rules of evidence
  519  apply to the same extent as in a domestic violence injunction
  520  proceeding under s. 741.30.
  521         (f) During the hearing, the court must consider whether a
  522  mental health evaluation or chemical dependency evaluation is
  523  appropriate and, if such determination is made, may order such
  524  evaluations, if appropriate.
  525         (g) A risk protection order must include all of the
  526  following:
  527         1. A statement of the grounds supporting the issuance of
  528  the order;
  529         2. The date the order was issued;
  530         3. The date the order ends;
  531         4. Whether a mental health evaluation or chemical
  532  dependency evaluation of the respondent is required;
  533         5. The address of the court in which any responsive
  534  pleading should be filed;
  535         6. A description of the requirements for the surrender of
  536  all firearms and ammunition that the respondent owns, under
  537  subsection (7); and
  538         7. The following statement:
  539  
  540  “To the subject of this protection order: This order will last
  541  until the date noted above. If you have not done so already, you
  542  must surrender immediately to the (insert name of local law
  543  enforcement agency) all firearms and ammunition that you own in
  544  your custody, control, or possession and any license to carry a
  545  concealed weapon or firearm issued to you under s. 790.06,
  546  Florida Statutes. You may not have in your custody or control,
  547  or purchase, possess, receive, or attempt to purchase or
  548  receive, a firearm or ammunition while this order is in effect.
  549  You have the right to request one hearing to vacate this order,
  550  starting after the date of the issuance of this order, and to
  551  request another hearing after every extension of the order, if
  552  any. You may seek the advice of an attorney as to any matter
  553  connected with this order.”
  554  
  555         (h) If the court issues a risk protection order, the court
  556  must inform the respondent that he or she is entitled to request
  557  a hearing to vacate the order in the manner provided by
  558  subsection (6). The court shall provide the respondent with a
  559  form to request a hearing to vacate.
  560         (i) If the court denies the petitioner’s request for a risk
  561  protection order, the court must state the particular reasons
  562  for the denial.
  563         (4) TEMPORARY EX PARTE RISK PROTECTION ORDERS.—
  564         (a) A petitioner may request that a temporary ex parte risk
  565  protection order be issued before a hearing for a risk
  566  protection order, without notice to the respondent, by including
  567  in the petition detailed allegations based on personal knowledge
  568  that the respondent poses a significant danger of causing
  569  personal injury to himself or herself or others in the near
  570  future by having in his or her custody or control, or by
  571  purchasing, possessing, or receiving, a firearm or ammunition.
  572         (b) In considering whether to issue a temporary ex parte
  573  risk protection order under this section, the court shall
  574  consider all relevant evidence, including the evidence described
  575  in paragraph (3)(c).
  576         (c) If a court finds there is reasonable cause to believe
  577  that the respondent poses a significant danger of causing
  578  personal injury to himself or herself or others in the near
  579  future by having in his or her custody or control, or by
  580  purchasing, possessing, or receiving, a firearm or ammunition,
  581  the court must issue a temporary ex parte risk protection order.
  582         (d) The court must hold a temporary ex parte risk
  583  protection order hearing in person or by telephone on the day
  584  the petition is filed or on the business day immediately
  585  following the day the petition is filed.
  586         (e) A temporary ex parte risk protection order must include
  587  all of the following:
  588         1. A statement of the grounds asserted for the order;
  589         2. The date the order was issued;
  590         3. The address of the court in which any responsive
  591  pleading may be filed;
  592         4. The date and time of the scheduled hearing;
  593         5. A description of the requirements for the surrender of
  594  all firearms and ammunition that the respondent owns, under
  595  subsection (7); and
  596         6. The following statement:
  597  
  598  “To the subject of this protection order: This order is valid
  599  until the date noted above. You are required to surrender all
  600  firearms and ammunition that you own in your custody, control,
  601  or possession. You may not have in your custody or control, or
  602  purchase, possess, receive, or attempt to purchase or receive, a
  603  firearm or ammunition while this order is in effect. You must
  604  surrender immediately to the (insert name of local law
  605  enforcement agency) all firearms and ammunition in your custody,
  606  control, or possession and any license to carry a concealed
  607  weapon or firearm issued to you under s. 790.06, Florida
  608  Statutes. A hearing will be held on the date and at the time
  609  noted above to determine if a risk protection order should be
  610  issued. Failure to appear at that hearing may result in a court
  611  issuing an order against you which is valid for 1 year. You may
  612  seek the advice of an attorney as to any matter connected with
  613  this order.”
  614  
  615         (f) A temporary ex parte risk protection order ends upon
  616  the hearing on the risk protection order.
  617         (g) A temporary ex parte risk protection order must be
  618  served by a law enforcement officer in the same manner as
  619  provided for in subsection (5) for service of the notice of
  620  hearing and petition and must be served concurrently with the
  621  notice of hearing and petition.
  622         (h) If the court denies the petitioner’s request for a
  623  temporary ex parte risk protection order, the court must state
  624  the particular reasons for the denial.
  625         (5) SERVICE.—
  626         (a) The clerk of the court shall furnish a copy of the
  627  notice of hearing, petition, and temporary ex parte risk
  628  protection order or risk protection order, as applicable, to the
  629  sheriff of the county where the respondent resides or can be
  630  found, who shall serve it upon the respondent as soon thereafter
  631  as possible on any day of the week and at any time of the day or
  632  night. When requested by the sheriff, the clerk of the court may
  633  transmit a facsimile copy of a temporary ex parte risk
  634  protection order or a risk protection order that has been
  635  certified by the clerk of the court, and this facsimile copy may
  636  be served in the same manner as a certified copy. Upon receiving
  637  a facsimile copy, the sheriff must verify receipt with the
  638  sender before attempting to serve it upon the respondent. The
  639  clerk of the court shall be responsible for furnishing to the
  640  sheriff information on the respondent’s physical description and
  641  location. Notwithstanding any other provision of law to the
  642  contrary, the chief judge of each circuit, in consultation with
  643  the appropriate sheriff, may authorize a law enforcement agency
  644  within the jurisdiction to effect service. A law enforcement
  645  agency effecting service pursuant to this section shall use
  646  service and verification procedures consistent with those of the
  647  sheriff. Service under this section takes precedence over the
  648  service of other documents, unless the other documents are of a
  649  similar emergency nature.
  650         (b) All orders issued, changed, continued, extended, or
  651  vacated after the original service of documents specified in
  652  paragraph (a) must be certified by the clerk of the court and
  653  delivered to the parties at the time of the entry of the order.
  654  The parties may acknowledge receipt of such order in writing on
  655  the face of the original order. If a party fails or refuses to
  656  acknowledge the receipt of a certified copy of an order, the
  657  clerk shall note on the original order that service was
  658  effected. If delivery at the hearing is not possible, the clerk
  659  shall mail certified copies of the order to the parties at the
  660  last known address of each party. Service by mail is complete
  661  upon mailing. When an order is served pursuant to this
  662  subsection, the clerk shall prepare a written certification to
  663  be placed in the court file specifying the time, date, and
  664  method of service and shall notify the sheriff.
  665         (6) TERMINATION AND EXTENSION OF ORDERS.—
  666         (a) The respondent may submit one written request for a
  667  hearing to vacate a risk protection order issued under this
  668  section, starting after the date of the issuance of the order,
  669  and may request another hearing after every extension of the
  670  order, if any.
  671         1. Upon receipt of the request for a hearing to vacate a
  672  risk protection order, the court shall set a date for a hearing.
  673  Notice of the request must be served on the petitioner in
  674  accordance with subsection (5). The hearing must occur no sooner
  675  than 14 days and no later than 30 days after the date of service
  676  of the request upon the petitioner.
  677         2. The respondent shall have the burden of proving by clear
  678  and convincing evidence that the respondent does not pose a
  679  significant danger of causing personal injury to himself or
  680  herself or others by having in his or her custody or control,
  681  purchasing, possessing, or receiving a firearm or ammunition.
  682  The court may consider any relevant evidence, including evidence
  683  of the considerations listed in paragraph (3)(c).
  684         3. If the court finds after the hearing that the respondent
  685  has met his or her burden of proof, the court must vacate the
  686  order.
  687         4. The law enforcement agency holding any firearm or
  688  ammunition or license to carry a concealed weapon or firearm
  689  that has been surrendered pursuant to this section shall be
  690  notified of the court order to vacate the risk protection order.
  691         (b) The court must notify the petitioner of the impending
  692  end of a risk protection order. Notice must be received by the
  693  petitioner at least 30 days before the date the order ends.
  694         (c) The petitioner may, by motion, request an extension of
  695  a risk protection order at any time within 30 days before the
  696  end of the order.
  697         1. Upon receipt of the motion to extend, the court shall
  698  order that a hearing be held no later than 14 days after the
  699  date the order is issued and shall schedule such hearing.
  700         a. The court may schedule a hearing by telephone in the
  701  manner provided by subparagraph (3)(a)3.
  702         b. The respondent must be personally serviced in the same
  703  manner provided by subsection (5).
  704         2. In determining whether to extend a risk protection order
  705  issued under this section, the court may consider all relevant
  706  evidence, including evidence of the considerations listed in
  707  paragraph (3)(c).
  708         3. If the court finds by clear and convincing evidence that
  709  the requirements for issuance of a risk protection order as
  710  provided in subsection (3) continue to be met, the court must
  711  extend the order. However, if, after notice, the motion for
  712  extension is uncontested and no modification of the order is
  713  sought, the order may be extended on the basis of a motion or
  714  affidavit stating that there has been no material change in
  715  relevant circumstances since entry of the order and stating the
  716  reason for the requested extension.
  717         4. The court may extend a risk protection order for a
  718  period that it deems appropriate, up to and including but not
  719  exceeding 12 months, subject to an order to vacate as provided
  720  in paragraph (a) or to another extension order by the court.
  721         (7) SURRENDER OF FIREARMS AND AMMUNITION.—
  722         (a) Upon issuance of a risk protection order under this
  723  section, including a temporary ex parte risk protection order,
  724  the court shall order the respondent to surrender to the local
  725  law enforcement agency all firearms and ammunition owned by the
  726  respondent in the respondent’s custody, control, or possession
  727  except as provided in subsection (9), and any license to carry a
  728  concealed weapon or firearm issued under s. 790.06, held by the
  729  respondent.
  730         (b) The law enforcement officer serving a risk protection
  731  order under this section, including a temporary ex parte risk
  732  protection order, shall request that the respondent immediately
  733  surrender all firearms and ammunition owned by the respondent in
  734  his or her custody, control, or possession and any license to
  735  carry a concealed weapon or firearm issued under s. 790.06, held
  736  by the respondent. The law enforcement officer shall take
  737  possession of all firearms and ammunition owned by the
  738  respondent and any license to carry a concealed weapon or
  739  firearm issued under s. 790.06, held by the respondent, which
  740  are surrendered. Alternatively, if personal service by a law
  741  enforcement officer is not possible or is not required because
  742  the respondent was present at the risk protection order hearing,
  743  the respondent must surrender any firearms and ammunition owned
  744  by the respondent and any license to carry a concealed weapon or
  745  firearm issued under s. 790.06, held by the respondent, in a
  746  safe manner to the control of the local law enforcement agency
  747  immediately after being served with the order by service or
  748  immediately after the hearing at which the respondent was
  749  present. Notwithstanding ss. 933.02 and 933.18, a law
  750  enforcement officer may seek a search warrant from a court of
  751  competent jurisdiction to conduct a search for firearms or
  752  ammunition owned by the respondent if the officer has probable
  753  cause to believe that there are firearms or ammunition owned by
  754  the respondent in the respondent’s custody, control, or
  755  possession which have not been surrendered.
  756         (c) At the time of surrender, a law enforcement officer
  757  taking possession of any firearm or ammunition owned by the
  758  respondent, or a license to carry a concealed weapon or firearm
  759  issued under s. 790.06, held by the respondent shall issue a
  760  receipt identifying all firearms and the quantity and type of
  761  ammunition that have been surrendered, and any license
  762  surrendered and shall provide a copy of the receipt to the
  763  respondent. Within 72 hours after service of the order, the law
  764  enforcement officer serving the order shall file the original
  765  receipt with the court and shall ensure that his or her law
  766  enforcement agency retains a copy of the receipt.
  767         (d) Notwithstanding ss. 933.02 and 933.18, upon the sworn
  768  statement or testimony of any person alleging that the
  769  respondent has failed to comply with the surrender of firearms
  770  or ammunition owned by the respondent, as required by an order
  771  issued under this section, the court shall determine whether
  772  probable cause exists to believe that the respondent has failed
  773  to surrender all firearms or ammunition owned by the respondent
  774  in the respondent’s custody, control, or possession. If the
  775  court finds that probable cause exists, the court must issue a
  776  warrant describing the firearms or ammunition owned by the
  777  respondent and authorizing a search of the locations where the
  778  firearms or ammunition owned by the respondent are reasonably
  779  believed to be found and the seizure of any firearms or
  780  ammunition owned by the respondent discovered pursuant to such
  781  search.
  782         (e) If a person other than the respondent claims title to
  783  any firearms or ammunition surrendered pursuant to this section
  784  and he or she is determined by the law enforcement agency to be
  785  the lawful owner of the firearm or ammunition, the firearm or
  786  ammunition shall be returned to him or her, if:
  787         1. The lawful owner agrees to store the firearm or
  788  ammunition in a manner such that the respondent does not have
  789  access to or control of the firearm or ammunition.
  790         2. The firearm or ammunition is not otherwise unlawfully
  791  possessed by the owner.
  792         (f) Upon the issuance of a risk protection order, the court
  793  shall order a new hearing date and require the respondent to
  794  appear no later than 3 business days after the issuance of the
  795  order. The court shall require proof that the respondent has
  796  surrendered any firearms or ammunition owned by the respondent
  797  in the respondent’s custody, control, or possession. The court
  798  may cancel the hearing upon a satisfactory showing that the
  799  respondent is in compliance with the order.
  800         (g) All law enforcement agencies must develop policies and
  801  procedures regarding the acceptance, storage, and return of
  802  firearms, ammunition, or licenses required to be surrendered
  803  under this section.
  804         (8) RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  805         (a) If a risk protection order is vacated or ends without
  806  extension, a law enforcement agency holding a firearm or any
  807  ammunition owned by the respondent or a license to carry a
  808  concealed weapon or firearm issued under s. 790.06, held by the
  809  respondent, that has been surrendered or seized pursuant to this
  810  section must return such surrendered firearm, ammunition, or
  811  license to carry a concealed weapon or firearm issued under s.
  812  790.06, as requested by a respondent only after confirming
  813  through a background check that the respondent is currently
  814  eligible to own or possess firearms and ammunition under federal
  815  and state law and after confirming with the court that the risk
  816  protection order has been vacated or has ended without
  817  extension.
  818         (b) If a risk protection order is vacated or ends without
  819  extension, the Department of Agriculture and Consumer Services,
  820  if it has suspended a license to carry a concealed weapon or
  821  firearm pursuant to this section, must reinstate such license
  822  only after confirming that the respondent is currently eligible
  823  to have a license to carry a concealed weapon or firearm
  824  pursuant to s. 790.06.
  825         (c) A law enforcement agency must provide notice to any
  826  family or household members of the respondent before the return
  827  of any surrendered firearm and ammunition owned by the
  828  respondent.
  829         (d) Any firearm and ammunition surrendered by a respondent
  830  pursuant to subsection (7) which remains unclaimed for 1 year by
  831  the lawful owner after an order to vacate the risk protection
  832  order shall be disposed of in accordance with the law
  833  enforcement agency’s policies and procedures for the disposal of
  834  firearms in police custody.
  835         (9) TRANSFER OF FIREARMS AND AMMUNITION.—A respondent may
  836  elect to transfer all firearms and ammunition owned by the
  837  respondent that have been surrendered to or seized by a local
  838  law enforcement agency pursuant to subsection (7) to another
  839  person who is willing to receive the respondent’s firearms and
  840  ammunition. The law enforcement agency must allow such a
  841  transfer only if it is determined that the chosen recipient:
  842         (a) Currently is eligible to own or possess a firearm and
  843  ammunition under federal and state law after confirmation
  844  through a background check;
  845         (b) Attests to storing the firearms and ammunition in a
  846  manner such that the respondent does not have access to or
  847  control of the firearms and ammunition until the risk protection
  848  order against the respondent is vacated or ends without
  849  extension; and
  850         (c) Attests not to transfer the firearms or ammunition back
  851  to the respondent until the risk protection order against the
  852  respondent is vacated or ends without extension.
  853         (10) REPORTING OF ORDERS.—
  854         (a) Within 24 hours after issuance, the clerk of the court
  855  shall enter any risk protection order or temporary ex parte risk
  856  protection order issued under this section into the uniform case
  857  reporting system.
  858         (b) Within 24 hours after issuance, the clerk of the court
  859  shall forward a copy of an order issued under this section to
  860  the appropriate law enforcement agency specified in the order.
  861  Upon receipt of the copy of the order, the law enforcement
  862  agency shall enter the order into the Florida Crime Information
  863  Center and National Crime Information Center. The order must
  864  remain in each system for the period stated in the order, and
  865  the law enforcement agency may only remove an order from the
  866  systems which has ended or been vacated. Entry of the order into
  867  the Florida Crime Information Center and National Crime
  868  Information Center constitutes notice to all law enforcement
  869  agencies of the existence of the order. The order is fully
  870  enforceable in any county in this state.
  871         (c) The issuing court shall, within 3 business days after
  872  issuance of a risk protection order or temporary ex parte risk
  873  protection order, forward all available identifying information
  874  concerning the respondent, along with the date of order
  875  issuance, to the Department of Agriculture and Consumer
  876  Services. Upon receipt of the information, the department shall
  877  determine if the respondent has a license to carry a concealed
  878  weapon or firearm. If the respondent does have a license to
  879  carry a concealed weapon or firearm, the department must
  880  immediately suspend the license.
  881         (d) If a risk protection order is vacated before its end
  882  date, the clerk of the court shall, on the day of the order to
  883  vacate, forward a copy of the order to the Department of
  884  Agriculture and Consumer Services and the appropriate law
  885  enforcement agency specified in the order to vacate. Upon
  886  receipt of the order, the law enforcement agency shall promptly
  887  remove the order from any computer-based system in which it was
  888  entered pursuant to paragraph (b).
  889         (11) PENALTIES.—
  890         (a) A person who makes a false statement, which he or she
  891  does not believe to be true, under oath in a hearing under this
  892  this section in regard to any material matter commits a felony
  893  of the third degree, punishable as provided in s. 775.082, s.
  894  775.083, or s. 775.084.
  895         (b) A person who has in his or her custody or control a
  896  firearm or any ammunition or who purchases, possesses, or
  897  receives a firearm or any ammunition with knowledge that he or
  898  she is prohibited from doing so by an order issued under this
  899  section commits a felony of the third degree, punishable as
  900  provided in s. 775.082, s. 775.083, or s. 775.084.
  901         (12) LAW ENFORCEMENT RETAINS OTHER AUTHORITY.—This section
  902  does not affect the ability of a law enforcement officer to
  903  remove a firearm or ammunition or license to carry a concealed
  904  weapon or concealed firearm from any person or to conduct any
  905  search and seizure for firearms or ammunition pursuant to other
  906  lawful authority.
  907         (13) LIABILITY.—Except as provided in subsection (8) or
  908  subsection (11), this section does not impose criminal or civil
  909  liability on any person or entity for acts or omissions related
  910  to obtaining a risk protection order or temporary ex parte risk
  911  protection order, including, but not limited to, providing
  912  notice to the petitioner, a family or household member of the
  913  respondent, and any known third party who may be at risk of
  914  violence or failure to provide such notice, or reporting,
  915  declining to report, investigating, declining to investigate,
  916  filing, or declining to file, a petition under this section.
  917         (14) INSTRUCTIONAL AND INFORMATIONAL MATERIAL.—
  918         (a) The Office of the State Courts Administrator shall
  919  develop and prepare instructions and informational brochures,
  920  standard petitions and risk protection order forms, and a court
  921  staff handbook on the risk protection order process. The
  922  standard petition and order forms must be used after January 1,
  923  2019, for all petitions filed and orders issued pursuant to this
  924  section. The office shall determine the significant non-English
  925  speaking or limited English-speaking populations in the state
  926  and prepare the instructions and informational brochures and
  927  standard petitions and risk protection order forms in such
  928  languages. The instructions, brochures, forms, and handbook must
  929  be prepared in consultation with interested persons, including
  930  representatives of gun violence prevention groups, judges, and
  931  law enforcement personnel. Materials must be based on best
  932  practices and must be available online to the public.
  933         1. The instructions must be designed to assist petitioners
  934  in completing the petition and must include a sample of a
  935  standard petition and order for protection forms.
  936         2. The instructions and standard petition must include a
  937  means for the petitioner to identify, with only layman’s
  938  knowledge, the firearms or ammunition the respondent may own,
  939  possess, receive, or have in his or her custody or control. The
  940  instructions must provide pictures of types of firearms and
  941  ammunition that the petitioner may choose from to identify the
  942  relevant firearms or ammunition, or must provide an equivalent
  943  means to allow petitioners to identify firearms or ammunition
  944  without requiring specific or technical knowledge regarding the
  945  firearms or ammunition.
  946         3. The informational brochure must describe the use of and
  947  the process for obtaining, extending, and vacating a risk
  948  protection order under this section and must provide relevant
  949  forms.
  950         4. The risk protection order form must include, in a
  951  conspicuous location, notice of criminal penalties resulting
  952  from violation of the order and the following statement: “You
  953  have the sole responsibility to avoid or refrain from violating
  954  this order’s provisions. Only the court can change the order and
  955  only upon written request.”
  956         5. The court staff handbook must allow for the addition of
  957  a community resource list by the clerk of the court.
  958         (b) Any clerk of court may create a community resource list
  959  of crisis intervention, mental health, substance abuse,
  960  interpreter, counseling, and other relevant resources serving
  961  the county in which the court is located. The court may make the
  962  community resource list available as part of or in addition to
  963  the informational brochures described in paragraph (a).
  964         (c) The Office of the State Courts Administrator shall
  965  distribute a master copy of the petition and order forms,
  966  instructions, and informational brochures to the clerks of
  967  court. Distribution of all documents shall, at a minimum, be in
  968  an electronic format or formats accessible to all courts and
  969  clerks of court in the state.
  970         (d) Within 90 days after receipt of the master copy from
  971  the Office of the State Courts Administrator, the clerk of the
  972  court shall make available the standardized forms, instructions,
  973  and informational brochures required by this subsection.
  974         (e) The Office of the State Courts Administrator shall
  975  update the instructions, brochures, standard petition and risk
  976  protection order forms, and court staff handbook as necessary,
  977  including when changes in the law make an update necessary.
  978         Section 15. Section 836.10, Florida Statutes, is amended to
  979  read:
  980         836.10 Written threats to kill, or do bodily injury, or
  981  conduct a mass shooting or an act of terrorism; punishment.—Any
  982  person who writes or composes and also sends or procures the
  983  sending of any letter, inscribed communication, or electronic
  984  communication, whether such letter or communication be signed or
  985  anonymous, to any person, containing a threat to kill or to do
  986  bodily injury to the person to whom such letter or communication
  987  is sent, or a threat to kill or do bodily injury to any member
  988  of the family of the person to whom such letter or communication
  989  is sent, or any person who makes, posts, or transmits a threat
  990  in a writing or other record, including an electronic record, to
  991  conduct a mass shooting or an act of terrorism, in any manner
  992  that would allow another person to view the threat, commits a
  993  felony of the second degree, punishable as provided in s.
  994  775.082, s. 775.083, or s. 775.084.
  995         Section 16. Paragraph (f) of subsection (3) of section
  996  921.0022, Florida Statutes, is amended to read:
  997         921.0022 Criminal Punishment Code; offense severity ranking
  998  chart.—
  999         (3) OFFENSE SEVERITY RANKING CHART
 1000         (f) LEVEL 6
 1001  
 1002  FloridaStatute              FelonyDegree        Description        
 1003  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1004  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1005  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 1006  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 1007  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1008  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1009  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1010  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1011  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1012  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1013  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1014  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1015  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1016  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1017  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1018  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1019  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1020  784.083(2)                       2nd     Aggravated assault on code inspector.
 1021  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1022  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1023  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1024  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 1025  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1026  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1027  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1028  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 1029  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1030  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1031  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1032  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1033  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1034  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1035  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
 1036  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1037  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1038  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1039  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 1040  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1041  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1042  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1043  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1044  827.03(2)(c)                     3rd     Abuse of a child.         
 1045  827.03(2)(d)                     3rd     Neglect of a child.       
 1046  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1047  836.05                           2nd     Threats; extortion.       
 1048  836.10                           2nd     Written threats to kill, or do bodily injury, or conduct a mass shooting or an act of terrorism.
 1049  843.12                           3rd     Aids or assists person to escape.
 1050  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1051  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1052  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1053  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1054  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 1055  944.40                           2nd     Escapes.                  
 1056  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1057  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1058  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1059  
 1060  
 1061  
 1062         Section 17. Section 943.082, Florida Statutes, is created
 1063  to read:
 1064         943.082 School Safety Awareness Program.—
 1065         (1) In collaboration with the Department of Legal Affairs,
 1066  the department shall competitively procure a mobile suspicious
 1067  activity reporting tool that allows students and the community
 1068  to relay information anonymously concerning unsafe, potentially
 1069  harmful, dangerous, violent, or criminal activities, or the
 1070  threat of these activities, to appropriate public safety
 1071  agencies and school officials. As recommended by students of
 1072  Marjory Stoneman Douglas High School, the program shall be named
 1073  “FortifyFL.” At a minimum, the department must receive reports
 1074  electronically through the mobile suspicious activity reporting
 1075  tool that is available on both Android and Apple devices.
 1076         (2) The reporting tool must notify the reporting party of
 1077  the following information:
 1078         (a) That the reporting party may provide his or her report
 1079  anonymously.
 1080         (b) That if the reporting party chooses to disclose his or
 1081  her identity, that information shall be shared with the
 1082  appropriate law enforcement agency and school officials;
 1083  however, the law enforcement agency and school officials shall
 1084  be required to maintain the information as confidential.
 1085         (3) Information reported using the tool must be promptly
 1086  forwarded to the appropriate law enforcement agency or school
 1087  official.
 1088         (4) Law enforcement dispatch centers, school districts,
 1089  schools, and other entities identified by the department shall
 1090  be made aware of the mobile suspicious activity reporting tool.
 1091         (5) The department, in collaboration with the Division of
 1092  Victims Services within the Office of the Attorney General and
 1093  the Office of Safe Schools within the Department of Education,
 1094  shall develop and provide a comprehensive training and awareness
 1095  program on the use of the mobile suspicious activity reporting
 1096  tool.
 1097         Section 18. Section 943.687, Florida Statutes, is created
 1098  to read:
 1099         943.687 Marjory Stoneman Douglas High School Public Safety
 1100  Commission.—
 1101         (1) There is created within the Department of Law
 1102  Enforcement the Marjory Stoneman Douglas High School Public
 1103  Safety Commission, a commission as defined in s. 20.03.
 1104         (2)(a) The commission shall convene no later than June 1,
 1105  2018, and shall be composed of 16 members. Five members shall be
 1106  appointed by the President of the Senate, five members shall be
 1107  appointed by the Speaker of the House of Representatives, and
 1108  five members shall be appointed by the Governor. From the
 1109  members of the commission, the Governor shall appoint the chair.
 1110  Appointments must be made by April 30, 2018. The Commissioner of
 1111  the Department of Law Enforcement shall serve as a member of the
 1112  commission. The Secretary of Children and Families, the
 1113  Secretary of Juvenile Justice, the Secretary of Health Care
 1114  Administration, and the Commissioner of Education shall serve as
 1115  ex officio, nonvoting members of the commission. Members shall
 1116  serve at the pleasure of the officer who appointed the member. A
 1117  vacancy on the commission shall be filled in the same manner as
 1118  the original appointment.
 1119         (b) The General Counsel of the Department of Law
 1120  Enforcement shall serve as the general counsel for the
 1121  commission.
 1122         (c) The Department of Law Enforcement staff, as assigned by
 1123  the chair, shall assist the commission in performing its duties.
 1124         (d) The commission shall meet as necessary to conduct its
 1125  work at the call of the chair and at the time designated by him
 1126  or her at locations throughout the state. The commission may
 1127  conduct its meetings through teleconferences or other similar
 1128  means.
 1129         (e) Members of the commission are entitled to receive
 1130  reimbursement for per diem and travel expenses pursuant to s.
 1131  112.061.
 1132         (3) The commission shall investigate system failures in the
 1133  Marjory Stoneman Douglas High School shooting and prior mass
 1134  violence incidents in this state and develop recommendations for
 1135  system improvements. At a minimum, the commission shall analyze
 1136  information and evidence from the Marjory Stoneman Douglas High
 1137  School shooting and other mass violence incidents in this state.
 1138  At a minimum the commission shall:
 1139         (a) Develop a timeline of the incident, incident response,
 1140  and all relevant events preceding the incident, with particular
 1141  attention to all perpetrator contacts with local, state and
 1142  national government agencies and entities and any contract
 1143  providers of such agencies and entities.
 1144         (b) Investigate any failures in incident responses by local
 1145  law enforcement agencies and school resource officers.
 1146         1. Identify existing policies and procedures for active
 1147  assailant incidents on school premises and evaluate the
 1148  compliance with such policies and procedures in the execution of
 1149  incident responses.
 1150         2. Evaluate existing policies and procedures for active
 1151  assailant incidents on school premises in comparison with
 1152  national best practices.
 1153         3. Evaluate the extent to which any failures in policy,
 1154  procedure, or execution contributed to an inability to prevent
 1155  deaths and injuries.
 1156         4. Make specific recommendations for improving law
 1157  enforcement and school resource officer incident response in the
 1158  future.
 1159         5. Make specific recommendations for determining the
 1160  appropriate ratio of school resource officers per school by
 1161  school type. At a minimum, the methodology for determining the
 1162  ratio should include the school location, student population,
 1163  and school design.
 1164         (c) Investigate any failures in interactions with
 1165  perpetrators preceding mass violence incidents.
 1166         1. Identify the history of interactions between
 1167  perpetrators and governmental entities such as schools, law
 1168  enforcement agencies, courts and social service agencies, and
 1169  identify any failures to adequately communicate or coordinate
 1170  regarding indicators of risk or possible threats.
 1171         2. Evaluate the extent to which any such failures
 1172  contributed to an inability to prevent deaths and injuries.
 1173         3. Make specific recommendations for improving
 1174  communication and coordination among entities with knowledge of
 1175  indicators of risk or possible threats of mass violence in the
 1176  future.
 1177         4. Identify available state and local tools and resources
 1178  for enhancing communication and coordination regarding
 1179  indicators of risk or possible threats, including, but not
 1180  limited to, the Department of Law Enforcement Fusion Center or
 1181  Judicial Inquiry System, and make specific recommendations for
 1182  using such tools and resources more effectively in the future.
 1183         (4) The commission has the power to investigate. The
 1184  commission may delegate to its investigators the authority to
 1185  administer oaths and affirmations.
 1186         (5) The Commissioner of the Department of Law Enforcement
 1187  shall use his or her subpoena power to compel the attendance of
 1188  witnesses to testify before the commission. The Commissioner of
 1189  the Department of Law Enforcement shall use his or her subpoena
 1190  power to compel the production of any books, papers, records,
 1191  documentary evidence, and other items, including confidential
 1192  information, relevant to the performance of the duties of the
 1193  commission or to the exercise of its powers. The chair or any
 1194  other member of the commission may administer all oaths and
 1195  affirmations in the manner prescribed by law to witnesses who
 1196  appear before the commission for the purpose of testifying in
 1197  any matter of which the commission desires evidence. In the case
 1198  of a refusal to obey a subpoena, the commission may make
 1199  application to any circuit court of this state having
 1200  jurisdiction to order the witness to appear before the
 1201  commission and to produce evidence, if so ordered, or to give
 1202  testimony relevant to the matter in question. Failure to obey
 1203  the order may be punished by the court as contempt.
 1204         (6) The commission may call upon appropriate agencies of
 1205  state government for such professional assistance as may be
 1206  needed in the discharge of its duties, and such agencies shall
 1207  provide such assistance in a timely manner.
 1208         (7) Notwithstanding any other law, the commission may
 1209  request and shall be provided with access to any information or
 1210  records, including exempt or confidential and exempt information
 1211  or records, which pertain to the Marjory Stoneman Douglas High
 1212  School shooting and prior mass violence incidents in Florida
 1213  being reviewed by the commission and which are necessary for the
 1214  commission to carry out its duties. Information or records
 1215  obtained by the commission which are otherwise exempt or
 1216  confidential and exempt shall retain such exempt or confidential
 1217  and exempt status and the commission may not disclose any such
 1218  information or records.
 1219         (8) The commission shall submit an initial report on its
 1220  findings and recommendations to the Governor, President of the
 1221  Senate, and Speaker of the House of Representatives by January
 1222  1, 2019, and may issue reports annually thereafter. The
 1223  commission shall sunset July 1, 2023, and this section is
 1224  repealed on that date.
 1225         Section 19. Section 1001.212, Florida Statutes, is created
 1226  to read:
 1227         1001.212 Office of Safe Schools.—There is created in the
 1228  Department of Education the Office of Safe Schools. The office
 1229  is fully accountable to the Commissioner of Education. The
 1230  office shall serve as a central repository for best practices,
 1231  training standards, and compliance oversight in all matters
 1232  regarding school safety and security, including prevention
 1233  efforts, intervention efforts, and emergency preparedness
 1234  planning. The office shall:
 1235         (1) Establish and update as necessary a school security
 1236  risk assessment tool for use by school districts pursuant to s.
 1237  1006.07(6). The office shall make the security risk assessment
 1238  tool available for use by charter schools.
 1239         (2) Provide ongoing professional development opportunities
 1240  to school district personnel.
 1241         (3) Provide a coordinated and interdisciplinary approach to
 1242  providing technical assistance and guidance to school districts
 1243  on safety and security and recommendations to address findings
 1244  identified pursuant to s. 1006.07(6).
 1245         (4) Develop and implement a School Safety Specialist
 1246  Training Program for school safety specialists appointed
 1247  pursuant to s. 1006.07(6). The office shall develop the training
 1248  program which shall be based on national and state best
 1249  practices on school safety and security and must include active
 1250  shooter training. The office shall develop training modules in
 1251  traditional or online formats. A school safety specialist
 1252  certificate of completion shall be awarded to a school safety
 1253  specialist who satisfactorily completes the training required by
 1254  rules of the office.
 1255         (5) Review and provide recommendations on the security risk
 1256  assessments. The department may contract with security
 1257  personnel, consulting engineers, architects, or other safety and
 1258  security experts the department deems necessary for safety and
 1259  security consultant services.
 1260         (6) Coordinate with the Department of Law Enforcement to
 1261  provide a centralized integrated data repository and data
 1262  analytics resources to improve access to timely, complete and
 1263  accurate information integrating data from, at a minimum, but
 1264  not limited to, the following data sources by December 1, 2018:
 1265         (a) Social Media;
 1266         (b) Department of Children and Families;
 1267         (c) Department of Law Enforcement;
 1268         (d) Department of Juvenile Justice; and
 1269         (e) Local law enforcement.
 1270         (7) Data that is exempt or confidential and exempt from
 1271  public records requirements retains its exempt or confidential
 1272  and exempt status when incorporated into the centralized
 1273  integrated data repository.
 1274         (8) To maintain the confidentially requirements attached to
 1275  the information provided to the centralized integrated data
 1276  repository by the various state and local agencies, data
 1277  governance and security shall ensure compliance with all
 1278  applicable state and federal data privacy requirements through
 1279  the use of user authorization and role based security, data
 1280  anonymization and aggregation and auditing capabilities.
 1281         (9) To maintain the confidentially requirements attached to
 1282  the information provided to the centralized integrated data
 1283  repository by the various state and local agencies, each source
 1284  agency providing data for the repository shall be the sole
 1285  custodian of the data for the purpose of any request for
 1286  inspection or copies thereof under ch. 119. The department shall
 1287  only allow access to data from the source agencies in accordance
 1288  with rules adopted by the respective source agencies.
 1289         (10) Award grants to schools to improve the safety and
 1290  security of school buildings based upon recommendations of the
 1291  security risk assessment developed pursuant to subsection (1).
 1292         (11) Disseminate, in consultation with the Department of
 1293  Law Enforcement, to participating schools awareness and
 1294  education materials on the School Safety Awareness Program
 1295  developed pursuant to s. 943.082.
 1296         Section 20. Paragraph (a) of subsection (10) of section
 1297  1002.32, Florida Statutes, is amended to read:
 1298         1002.32 Developmental research (laboratory) schools.—
 1299         (10) EXCEPTIONS TO LAW.—To encourage innovative practices
 1300  and facilitate the mission of the lab schools, in addition to
 1301  the exceptions to law specified in s. 1001.23(2), the following
 1302  exceptions shall be permitted for lab schools:
 1303         (a) The methods and requirements of the following statutes
 1304  shall be held in abeyance: ss. 316.75; 1001.30; 1001.31;
 1305  1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361; 1001.362;
 1306  1001.363; 1001.37; 1001.371; 1001.372; 1001.38; 1001.39;
 1307  1001.395; 1001.40; 1001.41; 1001.44; 1001.453; 1001.46;
 1308  1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
 1309  1001.49; 1001.50; 1001.51; 1006.12(2) 1006.12(1); 1006.21(3),
 1310  (4); 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
 1311  1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
 1312  1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
 1313  (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
 1314  1011.72; 1011.73; and 1011.74.
 1315         Section 21. Subsection (1) of section 1006.04, Florida
 1316  Statutes, is amended to read:
 1317         1006.04 Educational multiagency services for students with
 1318  severe emotional disturbance.—
 1319         (1)(a) The multiagency network for students with emotional
 1320  and behavioral disabilities works with education, mental health,
 1321  child welfare, and juvenile justice professionals, along with
 1322  other agencies and families, to provide children with mental
 1323  illness or emotional and behavioral problems and their families
 1324  with access to the services and supports they need to succeed An
 1325  intensive, integrated educational program; a continuum of mental
 1326  health treatment services; and, when needed, residential
 1327  services are necessary to enable students with severe emotional
 1328  disturbance to develop appropriate behaviors and demonstrate
 1329  academic and career education skills. The small incidence of
 1330  severe emotional disturbance in the total school population
 1331  requires multiagency programs to provide access to appropriate
 1332  services for all students with severe emotional disturbance.
 1333  District school boards should provide educational programs, and
 1334  state departments and agencies administering children’s mental
 1335  health funds should provide mental health treatment and
 1336  residential services when needed, as part of the forming a
 1337  multiagency network to provide support for students with severe
 1338  emotional disturbance.
 1339         (b) The purpose of the multiagency network is to: The
 1340  program goals for each component of the multiagency network are
 1341  to
 1342         1. Enable students with severe emotional disturbance to
 1343  learn appropriate behaviors, reduce dependency, and fully
 1344  participate in all aspects of school and community living.; to
 1345         2. Develop individual programs for students with severe
 1346  emotional disturbance, including necessary educational,
 1347  residential, and mental health treatment services.; to
 1348         3. Provide programs and services as close as possible to
 1349  the student’s home in the least restrictive manner consistent
 1350  with the student’s needs.; and to
 1351         4. Integrate a wide range of services necessary to support
 1352  students with severe emotional disturbance and their families.
 1353         (c) The multiagency network shall:
 1354         1. Support and represent the needs of students in each
 1355  school district in joint planning with fiscal agents of
 1356  children’s mental health funds, including the expansion of
 1357  school-based mental health services, transition services, and
 1358  integrated education and treatment programs.
 1359         2. Improve coordination of services for children with or at
 1360  risk of emotional or behavioral disabilities and their families
 1361  by assisting multi-agency collaborative initiatives to identify
 1362  critical issues and barriers of mutual concern and develop local
 1363  response systems that increase home and school connections and
 1364  family engagement.
 1365         3. Increase parent and youth involvement and development
 1366  with local systems of care.
 1367         4. Facilitate student and family access to effective
 1368  services and programs for students with and at risk of emotional
 1369  or behavioral disabilities that include necessary educational,
 1370  residential, and mental health treatment services, enabling
 1371  these students to learn appropriate behaviors, reduce
 1372  dependency, and fully participate in all aspects of school and
 1373  community living.
 1374         Section 22. Paragraph (b) of subsection (1), paragraphs (k)
 1375  through (m) of subsection (2), and subsections (3), (4), and (6)
 1376  of section 1006.07, Florida Statutes, are amended, and
 1377  subsections (7) and (8) are added to that section to read:
 1378         1006.07 District school board duties relating to student
 1379  discipline and school safety.—The district school board shall
 1380  provide for the proper accounting for all students, for the
 1381  attendance and control of students at school, and for proper
 1382  attention to health, safety, and other matters relating to the
 1383  welfare of students, including:
 1384         (1) CONTROL OF STUDENTS.—
 1385         (b) Require each student at the time of initial
 1386  registration for school in the school district to note previous
 1387  school expulsions, arrests resulting in a charge, and juvenile
 1388  justice actions, and referrals to mental health services the
 1389  student has had, and have the authority as the district school
 1390  board of a receiving school district to honor the final order of
 1391  expulsion or dismissal of a student by any in-state or out-of
 1392  state public district school board or private school, or lab
 1393  school, for an act which would have been grounds for expulsion
 1394  according to the receiving district school board’s code of
 1395  student conduct, in accordance with the following procedures:
 1396         1. A final order of expulsion shall be recorded in the
 1397  records of the receiving school district.
 1398         2. The expelled student applying for admission to the
 1399  receiving school district shall be advised of the final order of
 1400  expulsion.
 1401         3. The district school superintendent of the receiving
 1402  school district may recommend to the district school board that
 1403  the final order of expulsion be waived and the student be
 1404  admitted to the school district, or that the final order of
 1405  expulsion be honored and the student not be admitted to the
 1406  school district. If the student is admitted by the district
 1407  school board, with or without the recommendation of the district
 1408  school superintendent, the student may be placed in an
 1409  appropriate educational program and referred to mental health
 1410  services identified by the school district pursuant to s.
 1411  1012.584(4), when appropriate, at the direction of the district
 1412  school board.
 1413         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
 1414  conduct for elementary schools and a code of student conduct for
 1415  middle and high schools and distribute the appropriate code to
 1416  all teachers, school personnel, students, and parents, at the
 1417  beginning of every school year. Each code shall be organized and
 1418  written in language that is understandable to students and
 1419  parents and shall be discussed at the beginning of every school
 1420  year in student classes, school advisory council meetings, and
 1421  parent and teacher association or organization meetings. Each
 1422  code shall be based on the rules governing student conduct and
 1423  discipline adopted by the district school board and shall be
 1424  made available in the student handbook or similar publication.
 1425  Each code shall include, but is not limited to:
 1426         (k) Policies to be followed for the assignment of violent
 1427  or disruptive students to an alternative educational program or
 1428  referral of such students to mental health services identified
 1429  by the school district pursuant to s. 1012.584(4).
 1430         (l) Notice that any student who is determined to have
 1431  brought a firearm or weapon, as defined in chapter 790, to
 1432  school, to any school function, or onto any school-sponsored
 1433  transportation, or to have possessed a firearm at school, will
 1434  be expelled, with or without continuing educational services,
 1435  from the student’s regular school for a period of not less than
 1436  1 full year and referred to mental health services identified by
 1437  the school district pursuant to s. 1012.584(4) and the criminal
 1438  justice or juvenile justice system. District school boards may
 1439  assign the student to a disciplinary program or second chance
 1440  school for the purpose of continuing educational services during
 1441  the period of expulsion. District school superintendents may
 1442  consider the 1-year expulsion requirement on a case-by-case
 1443  basis and request the district school board to modify the
 1444  requirement by assigning the student to a disciplinary program
 1445  or second chance school if the request for modification is in
 1446  writing and it is determined to be in the best interest of the
 1447  student and the school system.
 1448         (m) Notice that any student who is determined to have made
 1449  a threat or false report, as defined by ss. 790.162 and 790.163,
 1450  respectively, involving school or school personnel’s property,
 1451  school transportation, or a school-sponsored activity will be
 1452  expelled, with or without continuing educational services, from
 1453  the student’s regular school for a period of not less than 1
 1454  full year and referred for criminal prosecution and mental
 1455  health services identified by the school district pursuant to s.
 1456  1012.584(4) for evaluation or treatment, when appropriate.
 1457  District school boards may assign the student to a disciplinary
 1458  program or second chance school for the purpose of continuing
 1459  educational services during the period of expulsion. District
 1460  school superintendents may consider the 1-year expulsion
 1461  requirement on a case-by-case basis and request the district
 1462  school board to modify the requirement by assigning the student
 1463  to a disciplinary program or second chance school if it is
 1464  determined to be in the best interest of the student and the
 1465  school system.
 1466         (3) STUDENT CRIME WATCH PROGRAM.—By resolution of the
 1467  district school board, implement a student crime watch program
 1468  to promote responsibility among students and improve school
 1469  safety. The student crime watch program shall allow students and
 1470  the community to anonymously relay information concerning unsafe
 1471  and potentially harmful, dangerous, violent, or criminal
 1472  activities, or the threat of these activities, to appropriate
 1473  public safety agencies and school officials to assist in the
 1474  control of criminal behavior within the schools.
 1475         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1476         (a) Formulate and prescribe policies and procedures, in
 1477  consultation with the appropriate public safety agencies, for
 1478  emergency drills and for actual emergencies, including, but not
 1479  limited to, fires, natural disasters, active shooter and hostage
 1480  situations, and bomb threats, for all students and faculty at
 1481  all the public schools of the district comprised of which
 1482  comprise grades K-12. Drills for active shooter and hostage
 1483  situations shall be conducted at least as often as other
 1484  emergency drills. District school board policies shall include
 1485  commonly used alarm system responses for specific types of
 1486  emergencies and verification by each school that drills have
 1487  been provided as required by law and fire protection codes. The
 1488  emergency response policy shall identify the individuals
 1489  responsible for contacting the primary emergency response agency
 1490  and the emergency response agency that is responsible for
 1491  notifying the school district for each type of emergency must be
 1492  listed in the district’s emergency response policy.
 1493         (b) Establish model emergency management and emergency
 1494  preparedness procedures, including emergency notification
 1495  procedures pursuant to paragraph (a), for the following life
 1496  threatening emergencies:
 1497         1. Weapon-use, and hostage, and active shooter situations.
 1498  The active shooter situation training for each school must
 1499  engage the participation of the district school safety
 1500  specialist, threat assessment team members, faculty, staff, and
 1501  students and must be conducted by the law enforcement agency or
 1502  agencies that are designated as first responders to the school’s
 1503  campus.
 1504         2. Hazardous materials or toxic chemical spills.
 1505         3. Weather emergencies, including hurricanes, tornadoes,
 1506  and severe storms.
 1507         4. Exposure as a result of a manmade emergency.
 1508         (c) Establish a schedule to test the functionality and
 1509  coverage capacity of all emergency communication systems and
 1510  determine if adequate signal strength is available in all areas
 1511  of the school’s campus.
 1512         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
 1513  school superintendent shall establish policies and procedures
 1514  for the prevention of violence on school grounds, including the
 1515  assessment of and intervention with individuals whose behavior
 1516  poses a threat to the safety of the school community.
 1517         (a) Each district school superintendent shall designate a
 1518  school administrator as a school safety specialist for the
 1519  district. The school safety specialist must earn a certificate
 1520  of completion of the school safety specialist training provided
 1521  by the Office of Safe Schools within 1 year after appointment
 1522  and is responsible for the supervision and oversight for all
 1523  school safety and security personnel, policies, and procedures
 1524  in the school district. The school safety specialist shall:
 1525         1. Review policies and procedures for compliance with state
 1526  law and rules.
 1527         2. Provide the necessary training and resources to students
 1528  and school district staff in matters relating to youth mental
 1529  health awareness and assistance; emergency procedures, including
 1530  active shooter training; and school safety and security.
 1531         3. Serve as the school district liaison with local public
 1532  safety agencies and national, state, and community agencies and
 1533  organizations in matters of school safety and security.
 1534         4. Conduct a school security risk assessment in accordance
 1535  with s. 1006.1493 at each public school using the school
 1536  security risk assessment tool developed by the Office of Safe
 1537  Schools Use the Safety and Security Best Practices developed by
 1538  the Office of Program Policy Analysis and Government
 1539  Accountability to conduct a self-assessment of the school
 1540  districts’ current safety and security practices. Based on the
 1541  assessment these self-assessment findings, the district’s school
 1542  safety specialist district school superintendent shall provide
 1543  recommendations to the district school board which identify
 1544  strategies and activities that the district school board should
 1545  implement in order to improve school safety and security.
 1546  Annually, each district school board must receive such findings
 1547  and the school safety specialist’s recommendations the self
 1548  assessment results at a publicly noticed district school board
 1549  meeting to provide the public an opportunity to hear the
 1550  district school board members discuss and take action on the
 1551  report findings and recommendations. Each school safety
 1552  specialist district school superintendent shall report such
 1553  findings the self-assessment results and school board action to
 1554  the Office of Safe Schools commissioner within 30 days after the
 1555  district school board meeting.
 1556         (b) Each school safety specialist shall coordinate with the
 1557  appropriate public safety agencies, as defined in s. 365.171,
 1558  that are designated as first responders to a school’s campus to
 1559  conduct a tour of such campus once every 3 years and provide
 1560  recommendations related to school safety. The recommendations by
 1561  the public safety agencies must be considered as part of the
 1562  recommendations by the school safety specialist pursuant to
 1563  paragraph (a).
 1564         (7) THREAT ASSESSMENT TEAMS.—Each district school board
 1565  shall adopt policies for the establishment of threat assessment
 1566  teams at each school whose duties include the coordination of
 1567  resources and assessment and intervention with individuals whose
 1568  behavior may pose a threat to the safety of school staff or
 1569  students consistent with the model policies developed by the
 1570  Office of Safe Schools. Such policies shall include procedures
 1571  for referrals to mental health services identified by the school
 1572  district pursuant to s. 1012.584(4), when appropriate.
 1573         (a) A threat assessment team shall include persons with
 1574  expertise in counseling, instruction, school administration, and
 1575  law enforcement. The threat assessment teams shall identify
 1576  members of the school community to whom threatening behavior
 1577  should be reported and provide guidance to students, faculty,
 1578  and staff regarding recognition of threatening or aberrant
 1579  behavior that may represent a threat to the community, school,
 1580  or self.
 1581         (b) Upon a preliminary determination that a student poses a
 1582  threat of violence or physical harm to himself or herself or
 1583  others, a threat assessment team shall immediately report its
 1584  determination to the superintendent or his or her designee. The
 1585  superintendent or his or her designee shall immediately attempt
 1586  to notify the student’s parent or legal guardian. Nothing in
 1587  this subsection shall preclude school district personnel from
 1588  acting immediately to address an imminent threat.
 1589         (c) Upon a preliminary determination by the threat
 1590  assessment team that a student poses a threat of violence to
 1591  himself or herself or others or exhibits significantly
 1592  disruptive behavior or need for assistance, the threat
 1593  assessment team may obtain criminal history record information,
 1594  as provided in s. 985.047. A member of a threat assessment team
 1595  may not disclose any criminal history record information
 1596  obtained pursuant to this section or otherwise use any record of
 1597  an individual beyond the purpose for which such disclosure was
 1598  made to the threat assessment team.
 1599         (d) Notwithstanding any other provision of law, all state
 1600  and local agencies and programs that provide services to
 1601  students experiencing or at risk of an emotional disturbance or
 1602  a mental illness, including the school districts, school
 1603  personnel, state and local law enforcement agencies, the
 1604  Department of Juvenile Justice, the Department of Children and
 1605  Families, the Department of Health, the Agency for Health Care
 1606  Administration, the Agency for Persons with Disabilities, the
 1607  Department of Education, the Statewide Guardian Ad Litem Office,
 1608  and any service or support provider contracting with such
 1609  agencies, may share with each other records or information that
 1610  are confidential or exempt from disclosure under chapter 119 if
 1611  the records or information are reasonably necessary to ensure
 1612  access to appropriate services for the student or to ensure the
 1613  safety of the student or others. All such state and local
 1614  agencies and programs shall communicate, collaborate, and
 1615  coordinate efforts to serve such students.
 1616         (e) If an immediate mental health or substance abuse crisis
 1617  is suspected, school personnel shall follow policies established
 1618  by the threat assessment team to engage behavioral health crisis
 1619  resources. Behavioral health crisis resources, including, but
 1620  not limited to, mobile crisis teams and school resource officers
 1621  trained in crisis intervention, shall provide emergency
 1622  intervention and assessment, make recommendations, and refer the
 1623  student for appropriate services. Onsite school personnel shall
 1624  report all such situations and actions taken to the threat
 1625  assessment team, which shall contact the other agencies involved
 1626  with the student and any known service providers to share
 1627  information and coordinate any necessary followup actions.
 1628         (f) Each threat assessment team established pursuant to
 1629  this subsection shall report quantitative data on its activities
 1630  to the Office of Safe Schools in accordance with guidance from
 1631  the office.
 1632         (8) SAFETY IN CONSTRUCTION PLANNING.—A district school
 1633  board must allow the law enforcement agency or agencies that are
 1634  designated as first responders to the district’s campus and
 1635  school’s campuses to tour such campuses once every 3 years. Any
 1636  changes related to school safety and emergency issues
 1637  recommended by a law enforcement agency based on a campus tour
 1638  must be documented by the district school board.
 1639         Section 23. Subsection (2) of section 1006.08, Florida
 1640  Statutes, is amended to read:
 1641         1006.08 District school superintendent duties relating to
 1642  student discipline and school safety.—
 1643         (2) Notwithstanding the provisions of s. 985.04(7) or any
 1644  other provision of law to the contrary, the court shall, within
 1645  48 hours of the finding, notify the appropriate district school
 1646  superintendent of the name and address of any student found to
 1647  have committed a delinquent act, or who has had adjudication of
 1648  a delinquent act withheld which, if committed by an adult, would
 1649  be a felony, or the name and address of any student found guilty
 1650  of a felony, or the name and address of any student the court
 1651  refers to mental health services. Notification shall include the
 1652  specific delinquent act found to have been committed or for
 1653  which adjudication was withheld, or the specific felony for
 1654  which the student was found guilty.
 1655         Section 24. Section 1006.12, Florida Statutes, is amended
 1656  to read:
 1657         1006.12 Safe-school school resource officers at each public
 1658  school and school safety officers.—For the protection and safety
 1659  of school personnel, property, students, and visitors, each
 1660  district school board and school district superintendent shall
 1661  partner with law enforcement agencies to establish or assign one
 1662  or more safe-school officers at each school facility within the
 1663  district by implementing any combination of the following
 1664  options which best meets the needs of the school district:
 1665         (1) District school boards may Establish school resource
 1666  officer programs, through a cooperative agreement with law
 1667  enforcement agencies or in accordance with subsection (2).
 1668         (a) School resource officers shall undergo criminal
 1669  background checks, drug testing, and a psychological evaluation
 1670  and be certified law enforcement officers, as defined in s.
 1671  943.10(1), who are employed by a law enforcement agency as
 1672  defined in s. 943.10(4). The powers and duties of a law
 1673  enforcement officer shall continue throughout the employee’s
 1674  tenure as a school resource officer.
 1675         (b) School resource officers shall abide by district school
 1676  board policies and shall consult with and coordinate activities
 1677  through the school principal, but shall be responsible to the
 1678  law enforcement agency in all matters relating to employment,
 1679  subject to agreements between a district school board and a law
 1680  enforcement agency. Activities conducted by the school resource
 1681  officer which are part of the regular instructional program of
 1682  the school shall be under the direction of the school principal.
 1683         (c) Complete mental health crisis intervention training
 1684  using a curriculum developed by a national organization with
 1685  expertise in mental health crisis intervention. The training
 1686  shall improve officers’ knowledge and skills as first responders
 1687  to incidents involving students with emotional disturbance or
 1688  mental illness, including de-escalation skills to ensure student
 1689  and officer safety.
 1690         (2) Commission one or more school safety officers for the
 1691  protection and safety of school personnel, property, and
 1692  students within the school district. The district school
 1693  superintendent may recommend, and the district school board may
 1694  appoint, one or more school safety officers.
 1695         (2)(a) School safety officers shall undergo criminal
 1696  background checks, drug testing, and a psychological evaluation
 1697  and be law enforcement officers, as defined in s. 943.10(1),
 1698  certified under the provisions of chapter 943 and employed by
 1699  either a law enforcement agency or by the district school board.
 1700  If the officer is employed by the district school board, the
 1701  district school board is the employing agency for purposes of
 1702  chapter 943, and must comply with the provisions of that
 1703  chapter.
 1704         (b) A district school board may commission one or more
 1705  school safety officers for the protection and safety of school
 1706  personnel, property, and students within the school district.
 1707  The district school superintendent may recommend and the
 1708  district school board may appoint one or more school safety
 1709  officers.
 1710         (b)(c) A school safety officer has and shall exercise the
 1711  power to make arrests for violations of law on district school
 1712  board property and to arrest persons, whether on or off such
 1713  property, who violate any law on such property under the same
 1714  conditions that deputy sheriffs are authorized to make arrests.
 1715  A school safety officer has the authority to carry weapons when
 1716  performing his or her official duties.
 1717         (c)(d) A district school board may enter into mutual aid
 1718  agreements with one or more law enforcement agencies as provided
 1719  in chapter 23. A school safety officer’s salary may be paid
 1720  jointly by the district school board and the law enforcement
 1721  agency, as mutually agreed to.
 1722         Section 25. Subsection (1), paragraph (c) of subsection
 1723  (4), and subsection (8) of section 1006.13, Florida Statutes,
 1724  are amended, and paragraph (f) is added to subsection (2) of
 1725  that section, to read:
 1726         1006.13 Policy of zero tolerance for crime and
 1727  victimization.—
 1728         (1) District school boards shall It is the intent of the
 1729  Legislature to promote a safe and supportive learning
 1730  environment in schools by protecting, to protect students and
 1731  staff from conduct that poses a serious threat to school safety.
 1732  A threat assessment team may, and to encourage schools to use
 1733  alternatives to expulsion or referral to law enforcement
 1734  agencies to address by addressing disruptive behavior through
 1735  restitution, civil citation, teen court, neighborhood
 1736  restorative justice, or similar programs. Zero-tolerance The
 1737  Legislature finds that zero-tolerance policies may are not
 1738  intended to be rigorously applied to petty acts of misconduct
 1739  and misdemeanors, including, but not limited to, minor fights or
 1740  disturbances. Zero-tolerance policies The Legislature finds that
 1741  zero-tolerance policies must apply equally to all students
 1742  regardless of their economic status, race, or disability.
 1743         (2) Each district school board shall adopt a policy of zero
 1744  tolerance that:
 1745         (f) Requires the threat assessment team to consult with law
 1746  enforcement when a student exhibits a pattern of behavior, based
 1747  upon previous acts or the severity of an act, that would pose a
 1748  threat to school safety.
 1749         (4)
 1750         (c) Zero-tolerance policies do not require the reporting of
 1751  petty acts of misconduct and misdemeanors to a law enforcement
 1752  agency, including, but not limited to, disorderly conduct,
 1753  disrupting a school function, simple assault or battery, affray,
 1754  theft of less than $300, trespassing, and vandalism of less than
 1755  $1,000. However, if a student commits more than one misdemeanor,
 1756  the threat assessment team must consult with law enforcement to
 1757  determine if the act should be reported to law enforcement.
 1758         (8) A threat assessment team may School districts are
 1759  encouraged to use alternatives to expulsion or referral to law
 1760  enforcement agencies unless the use of such alternatives will
 1761  pose a threat to school safety.
 1762         Section 26. Section 1006.1493, Florida Statutes, is created
 1763  to read:
 1764         1006.1493 Florida Safe Schools Assessment Tool.—
 1765         (1) The department through the Office of Safe Schools
 1766  pursuant s. 1001.212 shall contract with a security consulting
 1767  firm that specializes in the development of risk assessment
 1768  software solutions and has experience in conducting security
 1769  assessments of public facilities to develop, update, and
 1770  implement a risk assessment tool, which shall be known as the
 1771  Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must be
 1772  used by school officials at each school district and public
 1773  school site in the state in conducting security assessments for
 1774  use by school officials at each school district and public
 1775  school site in the state.
 1776         (2) The FSSAT must help school officials identify threats,
 1777  vulnerabilities, and appropriate safety controls for the schools
 1778  that they supervise, pursuant to the security risk assessment
 1779  requirements of s. 1006.07(6).
 1780         (a) At a minimum, the FSSAT must address all of the
 1781  following components:
 1782         1. School emergency and crisis preparedness planning;
 1783         2. Security, crime, and violence prevention policies and
 1784  procedures;
 1785         3. Physical security measures;
 1786         4. Professional development training needs;
 1787         5. An examination of support service roles in school
 1788  safety, security, and emergency planning;
 1789         6. School security and school police staffing, operational
 1790  practices, and related services;
 1791         7. School and community collaboration on school safety; and
 1792         8. A return on investment analysis of the recommended
 1793  physical security controls.
 1794         (b) The department shall require by contract that the
 1795  security consulting firm:
 1796         1. Generate written automated reports on assessment
 1797  findings for review by the department and school and district
 1798  officials;
 1799         2. Provide training to the department and school officials
 1800  in the use of the FSSAT and other areas of importance identified
 1801  by the department; and
 1802         3. Advise in the development and implementation of
 1803  templates, formats, guidance, and other resources necessary to
 1804  facilitate the implementation of this section at state,
 1805  district, school, and local levels.
 1806         (3) By December 1, 2018, and annually by that date
 1807  thereafter, the department must report to the Governor, the
 1808  President of the Senate, and the Speaker of the House of
 1809  Representatives on the status of implementation across school
 1810  districts and schools. The report must include a summary of the
 1811  positive school safety measures in place at the time of the
 1812  assessment and any recommendations for policy changes or funding
 1813  needed to facilitate continued school safety planning,
 1814  improvement, and response at the state, district, or school
 1815  levels.
 1816         (4) In accordance with ss. 119.071(3)(a) and 281.301, data
 1817  and information related to security risk assessments
 1818  administered pursuant to this section and s. 1006.07(6) and the
 1819  security information contained in the annual report required
 1820  pursuant to subsection (3) are confidential and exempt from
 1821  public records requirements.
 1822         Section 27. Subsection (16) and (17) of section 1011.62,
 1823  Florida Statutes, are redesignated as subsections (17) and (18),
 1824  respectively, paragraph (a) of subsection (4), paragraph (b) of
 1825  subsection (6), subsection (14), and subsection (15) of that
 1826  section are amended, and a new subsection (16) is added to that
 1827  section, to read:
 1828         1011.62 Funds for operation of schools.—If the annual
 1829  allocation from the Florida Education Finance Program to each
 1830  district for operation of schools is not determined in the
 1831  annual appropriations act or the substantive bill implementing
 1832  the annual appropriations act, it shall be determined as
 1833  follows:
 1834         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 1835  Legislature shall prescribe the aggregate required local effort
 1836  for all school districts collectively as an item in the General
 1837  Appropriations Act for each fiscal year. The amount that each
 1838  district shall provide annually toward the cost of the Florida
 1839  Education Finance Program for kindergarten through grade 12
 1840  programs shall be calculated as follows:
 1841         (a) Estimated taxable value calculations.—
 1842         1.a. Not later than 2 working days before July 19, the
 1843  Department of Revenue shall certify to the Commissioner of
 1844  Education its most recent estimate of the taxable value for
 1845  school purposes in each school district and the total for all
 1846  school districts in the state for the current calendar year
 1847  based on the latest available data obtained from the local
 1848  property appraisers. The value certified shall be the taxable
 1849  value for school purposes for that year, and no further
 1850  adjustments shall be made, except those made pursuant to
 1851  paragraphs (c) and (d), or an assessment roll change required by
 1852  final judicial decisions as specified in paragraph (17)(b)
 1853  (16)(b). Not later than July 19, the Commissioner of Education
 1854  shall compute a millage rate, rounded to the next highest one
 1855  one-thousandth of a mill, which, when applied to 96 percent of
 1856  the estimated state total taxable value for school purposes,
 1857  would generate the prescribed aggregate required local effort
 1858  for that year for all districts. The Commissioner of Education
 1859  shall certify to each district school board the millage rate,
 1860  computed as prescribed in this subparagraph, as the minimum
 1861  millage rate necessary to provide the district required local
 1862  effort for that year.
 1863         b. The General Appropriations Act shall direct the
 1864  computation of the statewide adjusted aggregate amount for
 1865  required local effort for all school districts collectively from
 1866  ad valorem taxes to ensure that no school district’s revenue
 1867  from required local effort millage will produce more than 90
 1868  percent of the district’s total Florida Education Finance
 1869  Program calculation as calculated and adopted by the
 1870  Legislature, and the adjustment of the required local effort
 1871  millage rate of each district that produces more than 90 percent
 1872  of its total Florida Education Finance Program entitlement to a
 1873  level that will produce only 90 percent of its total Florida
 1874  Education Finance Program entitlement in the July calculation.
 1875         2. On the same date as the certification in sub
 1876  subparagraph 1.a., the Department of Revenue shall certify to
 1877  the Commissioner of Education for each district:
 1878         a. Each year for which the property appraiser has certified
 1879  the taxable value pursuant to s. 193.122(2) or (3), if
 1880  applicable, since the prior certification under sub-subparagraph
 1881  1.a.
 1882         b. For each year identified in sub-subparagraph a., the
 1883  taxable value certified by the appraiser pursuant to s.
 1884  193.122(2) or (3), if applicable, since the prior certification
 1885  under sub-subparagraph 1.a. This is the certification that
 1886  reflects all final administrative actions of the value
 1887  adjustment board.
 1888         (6) CATEGORICAL FUNDS.—
 1889         (b) If a district school board finds and declares in a
 1890  resolution adopted at a regular meeting of the school board that
 1891  the funds received for any of the following categorical
 1892  appropriations are urgently needed to maintain school board
 1893  specified academic classroom instruction or improve school
 1894  safety, the school board may consider and approve an amendment
 1895  to the school district operating budget transferring the
 1896  identified amount of the categorical funds to the appropriate
 1897  account for expenditure:
 1898         1. Funds for student transportation.
 1899         2. Funds for safe schools.
 1900         2.3. Funds for supplemental academic instruction if the
 1901  required additional hour of instruction beyond the normal school
 1902  day for each day of the entire school year has been provided for
 1903  the students in each low-performing elementary school in the
 1904  district pursuant to paragraph (1)(f).
 1905         3.4. Funds for research-based reading instruction if the
 1906  required additional hour of instruction beyond the normal school
 1907  day for each day of the entire school year has been provided for
 1908  the students in each low-performing elementary school in the
 1909  district pursuant to paragraph (9)(a).
 1910         4.5. Funds for instructional materials if all instructional
 1911  material purchases necessary to provide updated materials that
 1912  are aligned with applicable state standards and course
 1913  descriptions and that meet statutory requirements of content and
 1914  learning have been completed for that fiscal year, but no sooner
 1915  than March 1. Funds available after March 1 may be used to
 1916  purchase hardware for student instruction.
 1917         (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 1918  annually in the General Appropriations Act determine a
 1919  percentage increase in funds per K-12 unweighted FTE as a
 1920  minimum guarantee to each school district. The guarantee shall
 1921  be calculated from prior year base funding per unweighted FTE
 1922  student which shall include the adjusted FTE dollars as provided
 1923  in subsection (17) (16), quality guarantee funds, and actual
 1924  nonvoted discretionary local effort from taxes. From the base
 1925  funding per unweighted FTE, the increase shall be calculated for
 1926  the current year. The current year funds from which the
 1927  guarantee shall be determined shall include the adjusted FTE
 1928  dollars as provided in subsection (17) (16) and potential
 1929  nonvoted discretionary local effort from taxes. A comparison of
 1930  current year funds per unweighted FTE to prior year funds per
 1931  unweighted FTE shall be computed. For those school districts
 1932  which have less than the legislatively assigned percentage
 1933  increase, funds shall be provided to guarantee the assigned
 1934  percentage increase in funds per unweighted FTE student. Should
 1935  appropriated funds be less than the sum of this calculated
 1936  amount for all districts, the commissioner shall prorate each
 1937  district’s allocation. This provision shall be implemented to
 1938  the extent specifically funded.
 1939         (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
 1940  created to provide funding to assist school districts in their
 1941  compliance with s. 1006.07 ss. 1006.07-1006.148, with priority
 1942  given to implementing the district’s establishing a school
 1943  resource officer program pursuant to s. 1006.12. Each school
 1944  district shall receive a minimum safe schools allocation in an
 1945  amount provided in the General Appropriations Act. Of the
 1946  remaining balance of the safe schools allocation, two-thirds
 1947  shall be allocated to school districts based on the most recent
 1948  official Florida Crime Index provided by the Department of Law
 1949  Enforcement and one-third shall be allocated based on each
 1950  school district’s proportionate share of the state’s total
 1951  unweighted full-time equivalent student enrollment. Any
 1952  additional funds appropriated to this allocation in the 2018
 1953  2019 fiscal year to the school resource officer program
 1954  established pursuant to s. 1006.12 shall be used exclusively for
 1955  employing or contracting for school resource officers, which
 1956  shall be in addition to the number of officers employed or
 1957  contracted for in the 2017-2018 fiscal year.
 1958         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
 1959  assistance allocation is created to provide funding to assist
 1960  school districts in establishing or expanding school-based
 1961  mental health care. These funds shall be allocated annually in
 1962  the General Appropriations Act or other law to each eligible
 1963  school district. Each school district shall receive a minimum of
 1964  $100,000 with the remaining balance allocated based on each
 1965  school district’s proportionate share of the state’s total
 1966  unweighted full-time equivalent student enrollment. Eligible
 1967  charter schools are entitled to a proportionate share of
 1968  district funding. At least 90 percent of a district’s allocation
 1969  must be expended on the elements specified in subparagraphs
 1970  (b)1. and 2. The allocated funds may not supplant funds that are
 1971  provided for this purpose from other operating funds and may not
 1972  be used to increase salaries or provide bonuses. School
 1973  districts are encouraged to maximize third party health
 1974  insurance benefits and Medicaid claiming for services, where
 1975  appropriate.
 1976         (a) Before the distribution of the allocation:
 1977         1. The school district must develop and submit a detailed
 1978  plan outlining the local program and planned expenditures to the
 1979  district school board for approval.
 1980         2. A charter school must develop and submit a detailed plan
 1981  outlining the local program and planned expenditures to its
 1982  governing body for approval. After the plan is approved by the
 1983  governing body, it must be provided to the charter school’s
 1984  sponsor.
 1985         (b) The plans required under paragraph (a) must be focused
 1986  on delivering evidence-based mental health care treatment to
 1987  children and include the following elements:
 1988         1. Provision of mental health assessment, diagnosis,
 1989  intervention, treatment, and recovery services to students with
 1990  one or more mental health or co-occurring substance abuse
 1991  diagnoses and students at high risk of such diagnoses.
 1992         2. Coordination of such services with a student’s primary
 1993  care provider and with other mental health providers involved in
 1994  the student’s care.
 1995         3. Direct employment of such service providers, or a
 1996  contract-based collaborative effort or partnership with one or
 1997  more local community mental health programs, agencies, or
 1998  providers.
 1999         (c) School districts shall submit approved plans, including
 2000  approved plans of each charter school in the district, to the
 2001  commissioner by August 1 of each fiscal year.
 2002         (d) Beginning September 30, 2019, and annually by September
 2003  30 thereafter, each school district shall submit to the
 2004  Department of Education a report on its program outcomes and
 2005  expenditures for the previous fiscal year that, at a minimum,
 2006  must include the number of each of the following:
 2007         1. Students who receive screenings or assessments.
 2008         2. Students who are referred for services or assistance.
 2009         3. Students who receive services or assistance.
 2010         4. Direct employment service providers employed by each
 2011  school district.
 2012         5. Contract-based collaborative efforts or partnerships
 2013  with community mental health programs, agencies, or providers.
 2014         Section 28. Section 1012.584, Florida Statutes, is created
 2015  to read:
 2016         1012.584 Continuing education and inservice training for
 2017  youth mental health awareness and assistance.—
 2018         (1) Beginning with the 2018-2019 school year, the
 2019  Department of Education shall establish an evidence-based youth
 2020  mental health awareness and assistance training program to help
 2021  school personnel identify and understand the signs of emotional
 2022  disturbance, mental illness, and substance use disorders and
 2023  provide such personnel with the skills to help a person who is
 2024  developing or experiencing an emotional disturbance, mental
 2025  health, or substance use problem.
 2026         (2) The Department of Education shall select a national
 2027  authority on youth mental health awareness and assistance to
 2028  facilitate providing youth mental health awareness and
 2029  assistance training, using a trainer certification model, to all
 2030  school personnel in elementary, middle, and high schools. Each
 2031  school safety specialist shall earn, or designate one or more
 2032  individuals to earn, certification as a youth mental health
 2033  awareness and assistance trainer. The school safety specialist
 2034  shall ensure that all school personnel within his or her school
 2035  district receive youth mental health awareness and assistance
 2036  training.
 2037         (3) The training program shall include, but is not limited
 2038  to:
 2039         (a) An overview of mental illnesses and substance use
 2040  disorders and the need to reduce the stigma of mental illness.
 2041         (b) Information on the potential risk factors and warning
 2042  signs of emotional disturbance, mental illness, or substance use
 2043  disorders, including, but not limited to, depression, anxiety,
 2044  psychosis, eating disorders, and self-injury, as well as common
 2045  treatments for those conditions and how to assess those risks.
 2046         (c) Information on how to engage at-risk students with the
 2047  skills, resources, and knowledge required to assess the
 2048  situation, and how to identify and encourage the student to use
 2049  appropriate professional help and other support strategies,
 2050  including, but not limited to, peer, social, or self-help care.
 2051         (4) Each school district shall notify all school personnel
 2052  who have received training pursuant to this section of mental
 2053  health services that are available in the school district, and
 2054  the individual to contact if a student needs services. The term
 2055  “mental health services” includes, but is not limited to,
 2056  community mental health services, health care providers, and
 2057  services provided under ss. 1006.04 and 1011.62(17).
 2058         Section 29. For the purpose of incorporating the amendment
 2059  made by this act to section 790.065, Florida Statutes, in a
 2060  reference thereto, subsection (2) of section 397.6760, Florida
 2061  Statutes, is reenacted to read:
 2062         397.6760 Court records; confidentiality.—
 2063         (2) This section does not preclude the clerk of the court
 2064  from submitting the information required by s. 790.065 to the
 2065  Department of Law Enforcement.
 2066         Section 30. For the purpose of incorporating the amendment
 2067  made by this act to section 790.065, Florida Statutes, in a
 2068  reference thereto, paragraph (e) of subsection (3) of section
 2069  790.335, Florida Statutes, is reenacted to read:
 2070         790.335 Prohibition of registration of firearms; electronic
 2071  records.—
 2072         (3) EXCEPTIONS.—The provisions of this section shall not
 2073  apply to:
 2074         (e)1. Records kept pursuant to the recordkeeping provisions
 2075  of s. 790.065; however, nothing in this section shall be
 2076  construed to authorize the public release or inspection of
 2077  records that are made confidential and exempt from the
 2078  provisions of s. 119.07(1) by s. 790.065(4)(a).
 2079         2. Nothing in this paragraph shall be construed to allow
 2080  the maintaining of records containing the names of purchasers or
 2081  transferees who receive unique approval numbers or the
 2082  maintaining of records of firearm transactions.
 2083         Section 31. For the purpose of incorporating the amendment
 2084  made by this act to section 836.10, Florida Statutes, in a
 2085  reference thereto, subsection (1) of section 794.056, Florida
 2086  Statutes, is reenacted to read:
 2087         794.056 Rape Crisis Program Trust Fund.—
 2088         (1) The Rape Crisis Program Trust Fund is created within
 2089  the Department of Health for the purpose of providing funds for
 2090  rape crisis centers in this state. Trust fund moneys shall be
 2091  used exclusively for the purpose of providing services for
 2092  victims of sexual assault. Funds credited to the trust fund
 2093  consist of those funds collected as an additional court
 2094  assessment in each case in which a defendant pleads guilty or
 2095  nolo contendere to, or is found guilty of, regardless of
 2096  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 2097  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 2098  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 2099  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 2100  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 2101  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 2102  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 2103  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 2104  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 2105  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 2106  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 2107  fund also shall include revenues provided by law, moneys
 2108  appropriated by the Legislature, and grants from public or
 2109  private entities.
 2110         Section 32. For the purpose of incorporating the amendment
 2111  made by this act to section 836.10, Florida Statutes, in a
 2112  reference thereto, section 938.085, Florida Statutes, is
 2113  reenacted to read:
 2114         938.085 Additional cost to fund rape crisis centers.—In
 2115  addition to any sanction imposed when a person pleads guilty or
 2116  nolo contendere to, or is found guilty of, regardless of
 2117  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 2118  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 2119  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 2120  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 2121  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 2122  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 2123  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 2124  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 2125  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 2126  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 2127  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 2128  $151. Payment of the surcharge shall be a condition of
 2129  probation, community control, or any other court-ordered
 2130  supervision. The sum of $150 of the surcharge shall be deposited
 2131  into the Rape Crisis Program Trust Fund established within the
 2132  Department of Health by chapter 2003-140, Laws of Florida. The
 2133  clerk of the court shall retain $1 of each surcharge that the
 2134  clerk of the court collects as a service charge of the clerk’s
 2135  office.
 2136         Section 33. For the 2018-2019 fiscal year, the sum of $69,
 2137  237,286 in recurring funds is appropriated from the General
 2138  Revenue Fund to the Department of Education in the Aid to Local
 2139  Governments Grants and Aids – Florida Education Finance Program
 2140  to fund the mental health assistance allocation created pursuant
 2141  to s. 1011.62(16), Florida Statutes.
 2142         Section 34. For the 2018-2019 fiscal year, the sums of
 2143  $500,000 in recurring funds and $6,200,000 in nonrecurring funds
 2144  are appropriated from the General Revenue Fund to the Department
 2145  of Education to implement the youth mental health awareness and
 2146  assistance training as directed pursuant to s. 1012.584, Florida
 2147  Statutes.
 2148         Section 35. For the 2018-2019 fiscal year, the sum of $1
 2149  million in nonrecurring funds is appropriated from the General
 2150  Revenue Fund to the Department of Education for the design and
 2151  construction of a memorial honoring those who lost their lives
 2152  on February 14, 2018, at Marjory Stoneman Douglas High School in
 2153  Broward County. The department shall collaborate with the
 2154  students and faculty of Marjory Stoneman Douglas High School,
 2155  the families of the victims, the Broward County School District,
 2156  and other relevant entities of the Parkland community on the
 2157  design and placement of the memorial.
 2158         Section 36. For the 2018-2019 fiscal year, the sum of
 2159  $25,262,714 in nonrecurring funds is appropriated from the
 2160  General Revenue Fund to the Department of Education combined
 2161  with an equal amount of local matching funds for the purpose of
 2162  replacing Building 12, as listed in the Florida Inventory of
 2163  School Houses, at Marjory Stoneman Douglas High School in
 2164  Broward County.
 2165  
 2166  ================= T I T L E  A M E N D M E N T ================
 2167  And the title is amended as follows:
 2168         Delete lines 2379 - 2598
 2169  and insert:
 2170         Department of Education; amending s. 121.091, F.S.;
 2171         authorizing certain retired law enforcement officers
 2172         to be reemployed as school resource officers after
 2173         meeting specified termination requirements;
 2174         authorizing such retired law enforcement officers to
 2175         receive compensation and retirement benefits after a
 2176         specified period; providing that such retired law
 2177         enforcement officers may not renew membership in the
 2178         Florida Retirement System, except as otherwise
 2179         provided; amending s. 394.463, F.S.; requiring when
 2180         practicable that a law enforcement officer with
 2181         certain training be assigned to serve and execute
 2182         certain ex parte orders; authorizing a law enforcement
 2183         officer to seize and hold firearms and ammunition if
 2184         taking custody of a person who poses a potential
 2185         danger to himself or herself or others and who has
 2186         made a credible threat against another person;
 2187         authorizing a law enforcement officer to seek the
 2188         voluntary surrender of firearms and ammunition kept in
 2189         the residence if the law enforcement officer takes
 2190         custody of the person at the person’s residence and
 2191         certain criteria are met; authorizing such law
 2192         enforcement officer to petition an appropriate court
 2193         for a risk protection order under certain
 2194         circumstances; requiring that firearms and ammunition
 2195         seized or voluntarily surrendered be returned within a
 2196         certain timeframe under specified circumstances;
 2197         providing exceptions; requiring law enforcement
 2198         agencies to develop policies and procedures relating
 2199         to the seizure, storage, and return of firearms and
 2200         ammunition; amending s. 394.495, F.S.; requiring the
 2201         Department of Children and Families to contract for
 2202         community action treatment teams throughout the state
 2203         with the managing entities; specifying requirements
 2204         for community action treatment teams; subject to
 2205         legislative appropriation, requiring the department to
 2206         contract for additional teams to ensure statewide
 2207         availability of services; creating s. 790.064, F.S.;
 2208         prohibiting a person who has been adjudicated mentally
 2209         defective or been committed to a mental institution
 2210         from owning or possessing a firearm until certain
 2211         relief is obtained; specifying that the firearm
 2212         possession and ownership disability runs concurrently
 2213         with the firearm purchase disability under certain
 2214         provisions; authorizing a person to petition for
 2215         relief from the firearm possession and ownership
 2216         disability; requiring that petitions for relief follow
 2217         certain procedures; authorizing such person to
 2218         petition for simultaneous relief; amending s. 790.065,
 2219         F.S.; prohibiting a person younger than a certain age
 2220         from purchasing a firearm; prohibiting the sale or
 2221         transfer, or facilitation of a sale or transfer, of a
 2222         firearm to a person younger than a certain age by a
 2223         licensed importer, licensed manufacturer, or licensed
 2224         dealer; providing criminal penalties; providing
 2225         exceptions; amending s. 790.0655, F.S.; revising the
 2226         mandatory waiting period to the later of either 3
 2227         days, excluding weekends and legal holidays, or upon
 2228         the completion of certain records checks; revising and
 2229         redefining terms; requiring that records of firearm
 2230         sales be available for inspection by any law
 2231         enforcement agency during normal business hours;
 2232         revising applicability of the waiting period;
 2233         conforming provisions to changes made by the act;
 2234         creating s. 790.222, F.S.; defining the term “bump
 2235         fire stock”; prohibiting specified acts relating to
 2236         the sale and possession of bump-fire stocks; providing
 2237         criminal penalties; providing legislative intent;
 2238         providing a short title; creating s. 790.401, F.S.;
 2239         defining terms; creating an action known as a petition
 2240         for a risk protection order to prevent persons who are
 2241         at high risk of harming themselves or others from
 2242         accessing firearms or ammunition; providing
 2243         requirements for petitions for such orders; providing
 2244         duties for courts and clerks of court; prohibiting
 2245         fees for the filing of or service of process of such
 2246         petitions; providing for jurisdiction for such
 2247         petitions; requiring hearings on petitions within a
 2248         specified period; providing service requirements;
 2249         providing grounds that may be considered in
 2250         determining whether to grant such a petition;
 2251         providing requirements for proceedings; providing
 2252         requirements for risk protection orders; requiring the
 2253         court to inform a respondent of his or her right to
 2254         request a certain hearing; authorizing temporary ex
 2255         parte orders under certain circumstances; providing
 2256         requirements for petitions for such ex parte orders;
 2257         providing for service of orders; providing for the
 2258         termination or extension of an order; providing for
 2259         the surrender and storage of firearms, ammunition, and
 2260         licenses to carry a concealed weapon or firearm after
 2261         issuance of a risk protection order; requiring law
 2262         enforcement agencies to develop certain policies and
 2263         procedures; providing for return of firearms and
 2264         ammunition upon the vacating or end without the
 2265         extension of an order under certain circumstances;
 2266         authorizing a respondent to elect to transfer all
 2267         firearms and ammunition surrendered or seized by a law
 2268         enforcement agency to another person under certain
 2269         circumstances; requiring a clerk of the court to
 2270         forward a copy of a risk protection order to the
 2271         appropriate law enforcement agency within a specified
 2272         timeframe; requiring the law enforcement agency to
 2273         enter the order into the Florida Crime Information
 2274         Center and the National Crime Information Center
 2275         systems; requiring that the order be maintained in the
 2276         systems for a specified period and prohibiting a law
 2277         enforcement from removing an order from the systems
 2278         which has not ended or been vacated; providing that
 2279         entry of an order into the systems constitutes notice
 2280         to law enforcement agencies; requiring an issuing
 2281         court to forward specified information concerning a
 2282         respondent to the Department of Agriculture and
 2283         Consumer Services within a specified timeframe;
 2284         requiring the department to suspend a license to carry
 2285         a concealed weapon or firearm which is held by a
 2286         person subject to such an order; prohibiting a person
 2287         from making a false statement under oath; providing
 2288         criminal penalties; prohibiting violations of such an
 2289         order; providing criminal penalties; providing
 2290         construction; providing that the risk protection order
 2291         provisions do not create liability for certain acts or
 2292         omissions; requiring the Office of the State Courts
 2293         Administrator to develop and distribute certain
 2294         instructional and informational material; amending
 2295         836.10, F.S.; prohibiting a person from making,
 2296         posting, or transmitting a threat to conduct a mass
 2297         shooting or an act of terrorism in a writing or other
 2298         record in any manner that would allow another person
 2299         to view the threat; providing criminal penalties;
 2300         amending 921.0022, F.S.; conforming a provision to
 2301         changes made by the act; creating s. 943.082, F.S.;
 2302         requiring the Department of Law Enforcement, in
 2303         collaboration with the Department of Legal Affairs, to
 2304         competitively procure a mobile suspicious activity
 2305         tool with certain features; requiring the department
 2306         to receive certain electronic reports; requiring the
 2307         reporting tool to notify the reporting party of
 2308         certain information; requiring the forwarding of
 2309         certain information to appropriate law enforcement
 2310         agencies; requiring that certain entities be made
 2311         aware of the reporting tool; requiring the department,
 2312         in collaboration with certain entities, to develop and
 2313         provide certain training and awareness relating to the
 2314         reporting tool; creating s. 943.687, F.S.; creating
 2315         the Marjory Stoneman Douglas High School Public Safety
 2316         Commission within the Department of Law Enforcement;
 2317         requiring the commission to convene by a certain date;
 2318         specifying the composition of the commission;
 2319         requiring Department of Law Enforcement staff to
 2320         assist the commission; specifying meeting
 2321         requirements; authorizing reimbursement for per diem
 2322         and travel expenses; providing the duties and
 2323         authority of the commission; requiring the commission
 2324         to submit an initial report to the Governor and the
 2325         Legislature within a specified time; providing for the
 2326         expiration of the commission; creating s. 1001.212,
 2327         F.S.; creating the Office of Safe Schools within the
 2328         Department of Education; providing duties of the
 2329         office; amending s. 1002.32, F.S.; conforming a cross
 2330         reference; amending s. 1006.04, F.S.; revising the
 2331         purpose and duties of the educational multiagency
 2332         network for students with emotional and behavioral
 2333         disabilities; amending s. 1006.07, F.S.; revising
 2334         district school board duties relating to student
 2335         discipline and school safety; requiring students to
 2336         note referrals to mental health services upon initial
 2337         registration for school within a school district;
 2338         authorizing a district school board to refer a student
 2339         to certain mental health services under certain
 2340         circumstances; revising the code of student conduct
 2341         relating to the referral of certain students to
 2342         certain mental health services and law enforcement;
 2343         providing requirements for student crime watch
 2344         programs; revising the policies and procedures for
 2345         emergency drills to include drills for active shooter
 2346         and hostage situations; providing requirements for
 2347         such drills; revising requirements for the emergency
 2348         response policy; requiring model emergency management
 2349         and emergency preparedness procedures for active
 2350         shooter situations; requiring school districts to
 2351         establish a schedule to test emergency communication
 2352         systems; requiring district school superintendents to
 2353         establish certain policies and procedures relating to
 2354         the prevention of violence on school grounds and
 2355         designate a school safety specialist for the school
 2356         district; providing requirements and duties for school
 2357         safety specialists; providing school safety specialist
 2358         requirements relating to the required school security
 2359         risk assessments; requiring each district school board
 2360         to establish a threat assessment team at each school
 2361         within the district; providing requirements and duties
 2362         for threat assessment teams; authorizing a threat
 2363         assessment team to obtain certain criminal history
 2364         record information under certain circumstances;
 2365         prohibiting a member of a threat assessment team from
 2366         disclosing or using such information except for a
 2367         specified purpose; authorizing certain entities to
 2368         share specified confidential information and records
 2369         relating to students for specified purposes;
 2370         authorizing school personnel to address an immediate
 2371         mental health or substance abuse crisis; providing
 2372         requirements for addressing such situations; providing
 2373         threat assessment team reporting requirements;
 2374         amending s. 1006.08, F.S.; requiring a district school
 2375         superintendent to be notified by the court of a
 2376         student referred to mental health services; amending
 2377         s. 1006.12, F.S.; requiring district school boards to
 2378         establish or assign safe-school officers at each
 2379         district school facility within the district;
 2380         requiring school resource officers and school safety
 2381         officers to undergo specified evaluations;