THE BILL ITSELF
HB 1519
Use of Substances Affecting Cognitive Function
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A bill to be entitled
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An act relating to the use of substances affecting
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cognitive function; creating s. 406.139, F.S.;
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defining terms; requiring medical examiners to take
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specified actions when performing an autopsy on a
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decedent who is a violent offender; requiring that
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autopsy reports for such individuals include certain
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findings and information; requiring notification of
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certain findings and information to the Department of
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Law Enforcement, the Department of Health, and the
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Agency for Health Care Administration; amending s.
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456.057, F.S.; authorizing the release of certain
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patient records to law enforcement agencies without
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patient authorization under certain circumstances;
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amending s. 1006.07, F.S.; requiring school safety
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specialists to provide school district staff with
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certain training on the adverse effects of specified
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substances; specifying requirements for training;
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amending s. 1006.12, F.S.; requiring safe-school
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officers to complete certain training on the adverse
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effects of specified substances; specifying
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requirements for training; amending s. 381.028, F.S.;
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conforming a cross-reference; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 406.139, Florida Statutes, is created
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to read:
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406.139 Autopsy of a suspected violent offender.—
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(1) DEFINITIONS.—As used in this section, the term:
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(a) "Intoxicating substance" means any alcoholic beverage,
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controlled substance controlled under chapter 893, or chemical
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substance set forth in s. 877.111.
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(b) "Psychotropic drug" means any drug prescribed to
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affect an individual's mental state, including, but not limited
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to, antidepressants, antipsychotics, mood stabilizers, and
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antianxiety medications.
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(c) "Violent offender" means any person who is suspected
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by law enforcement of engaging in unprovoked violence that
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results in, or is likely to result in, the death or serious
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bodily injury of another.
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(2) CONSULTATION; TOXICOLOGY SCREENING.—If a medical
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examiner's office performs an autopsy on a decedent who is a
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violent offender, the medical examiner must do all of the
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following:
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(a)1. Make reasonable efforts to determine the identity of
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any treating mental health professional or primary care
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physician of the decedent; and
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2. Consult such individuals, if known and available, to
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obtain information and records regarding the decedent's history
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of psychotropic drug use, including any prescribed or
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discontinued medications.
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(b) Order and perform a toxicology screening on the
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decedent to determine whether psychotropic drugs or intoxicating
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substances are present in the decedent's body.
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(3) AUTOPSY REPORT; NOTIFICATION.—
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(a) All findings under subsection (2) must be documented
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and included in the final autopsy report, along with any
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available corroborating information.
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(b)1. Any findings relating to the use of intoxicating
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substances or psychotropic drugs must be reported to the
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Department of Law Enforcement.
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2. Any findings relating to the use of psychotropic drugs
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and, if known, the prescribing facility, must be reported to the
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Department of Health and the Agency for Health Care
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Administration.
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Section 2. Present subsections (8) through (20) of section
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456.057, Florida Statutes, are redesignated as subsections (9)
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through (21), respectively, and a new subsection (8) is added to
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that section, to read:
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456.057 Ownership and control of patient records; report
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or copies of records to be furnished; disclosure of
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information.—
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(8) Notwithstanding any other law, records must be
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furnished to a law enforcement agency as defined in s. 914.28
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for the purpose of investigating a violent offender as defined
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in s. 406.139, provided:
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(a) Such release is limited to only those records that
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confirm whether the suspected person was ever treated with
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psychotropic drugs as defined in s. 406.139;
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(b) The records reasonably relate to such treatment; and
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(c) The law enforcement agency requests such records.
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Section 3. Paragraph (a) of subsection (6) of section
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1006.07, Florida Statutes, is amended to read:
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1006.07 District school board duties relating to student
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discipline and school safety.—The district school board shall
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provide for the proper accounting for all students, for the
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attendance and control of students at school, and for proper
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attention to health, safety, and other matters relating to the
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welfare of students, including:
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(6) SAFETY AND SECURITY BEST PRACTICES.—Each district
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school superintendent shall establish policies and procedures
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for the prevention of violence on school grounds, including the
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assessment of and intervention with individuals whose behavior
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poses a threat to the safety of the school community.
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(a) School safety specialist.—Each district school
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superintendent shall designate a school safety specialist for
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the district. The school safety specialist must be a school
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administrator employed by the school district or a law
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enforcement officer employed by the sheriff's office located in
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the school district. Any school safety specialist designated
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from the sheriff's office must first be authorized and approved
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by the sheriff employing the law enforcement officer. Any school
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safety specialist designated from the sheriff's office remains
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the employee of the office for purposes of compensation,
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insurance, workers' compensation, and other benefits authorized
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by law for a law enforcement officer employed by the sheriff's
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office. The sheriff and the school superintendent may determine
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by agreement the reimbursement for such costs, or may share the
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costs, associated with employment of the law enforcement officer
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as a school safety specialist. The school safety specialist must
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earn a certificate of completion of the school safety specialist
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training provided by the Office of Safe Schools within 1 year
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after appointment and is responsible for the supervision and
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oversight for all school safety and security personnel,
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policies, and procedures in the school district. The school
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safety specialist, or his or her designee, shall:
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1. In conjunction with the district school superintendent,
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annually review school district policies and procedures for
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compliance with state law and rules, including the district's
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timely and accurate submission of school environmental safety
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incident reports to the department pursuant to s. 1001.212(8).
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At least quarterly, the school safety specialist must report to
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the district school superintendent and the district school board
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any noncompliance by the school district with laws or rules
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regarding school safety.
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2. Provide the necessary training and resources to
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students and school district staff in matters relating to youth
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mental health awareness and assistance; emergency procedures,
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including active shooter training; and school safety and
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security.
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3. Provide the necessary training and resources to school
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district staff in matters relating to the adverse effects of
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psychotropic drugs and intoxicating substances as those terms
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are defined in s. 406.139, including the irrational, violent, or
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suicidal behavior that may be demonstrated by students under the
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influence of such drugs or substances. The training must include
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instruction on how such staff can identify and safely interact
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with students who may be under the influence of such drugs or
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substances, including de-escalation techniques to ensure student
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and staff safety.
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4. Serve as the school district liaison with local public
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safety agencies and national, state, and community agencies and
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organizations in matters of school safety and security.
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5.4. In collaboration with the appropriate public safety
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agencies, as that term is defined in s. 365.171, by October 1 of
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each year, conduct a school security risk assessment at each
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public school using the Florida Safe Schools Assessment Tool
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developed by the Office of Safe Schools pursuant to s.
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1006.1493. Based on the assessment findings, the district's
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school safety specialist shall provide recommendations to the
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district school superintendent and the district school board
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which identify strategies and activities that the district
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school board should implement in order to address the findings
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and improve school safety and security. Each district school
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board must receive such findings and the school safety
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specialist's recommendations at a publicly noticed district
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school board meeting to provide the public an opportunity to
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hear the district school board members discuss and take action
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on the findings and recommendations. Each school safety
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specialist, through the district school superintendent, shall
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report such findings and school board action to the Office of
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Safe Schools within 30 days after the district school board
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meeting.
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6.5. Conduct annual unannounced inspections, using the
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form adopted by the Office of Safe Schools pursuant to s.
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1001.212(13), of all public schools, including charter schools,
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while school is in session and investigate reports of
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noncompliance with school safety requirements.
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7.6. Report violations of paragraph (f) by administrative
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personnel and instructional personnel to the district school
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superintendent or charter school administrator, as applicable.
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Section 4. Subsection (6) of section 1006.12, Florida
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Statutes, is amended to read:
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1006.12 Safe-school officers at each public school.—For
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the protection and safety of school personnel, property,
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students, and visitors, each district school board and school
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district superintendent shall partner with law enforcement
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agencies or security agencies to establish or assign one or more
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safe-school officers at each school facility within the
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district, including charter schools. A district school board
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must collaborate with charter school governing boards to
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facilitate charter school access to all safe-school officer
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options available under this section. The school district may
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implement any combination of the options in subsections (1)-(4)
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to best meet the needs of the school district and charter
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schools.
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(6) CRISIS INTERVENTION TRAINING; SUBSTANCE USE TRAINING.—
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(a) Each safe-school officer who is also a sworn law
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enforcement officer shall complete mental health crisis
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intervention training using a curriculum developed by a national
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organization with expertise in mental health crisis
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intervention. The training must improve the officer's knowledge
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and skills as a first responder to incidents involving students
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with emotional disturbance or mental illness, including de-
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escalation skills to ensure student and officer safety.
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(b) Each safe-school officer shall complete training on
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the adverse effects of psychotropic drugs and intoxicating
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substances as those terms are defined in s. 406.139, including
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the irrational, violent, or suicidal behavior that may be
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demonstrated by students under the influence of such drugs or
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substances. The training must include instruction on how such a
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safe-school officer can identify and safely interact with
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students who may be under the influence of such drugs or
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substances, including de-escalation techniques to ensure student
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and officer safety.
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If a district school board, through its adopted policies,
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procedures, or actions, denies a charter school access to any
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safe-school officer options pursuant to this section, the school
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district must assign a school resource officer or school safety
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officer to the charter school. Under such circumstances, the
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charter school's share of the costs of the school resource
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officer or school safety officer may not exceed the safe school
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allocation funds provided to the charter school pursuant to s.
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1011.62(12) and shall be retained by the school district.
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Section 5. Paragraph (c) of subsection (7) of section
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381.028, Florida Statutes, is amended to read:
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381.028 Adverse medical incidents.—
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(7) PRODUCTION OF RECORDS.—
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(c)1. Fees charged by a health care facility for copies of
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records requested by a patient under s. 25, Art. X of the State
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Constitution may not exceed the reasonable and actual cost of
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complying with the request, including a reasonable charge for
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the staff time necessary to search for records and prevent the
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disclosure of the identity of any patient involved in the
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adverse medical incident through redaction or other means as
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required by the Health Insurance Portability and Accountability
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Act of 1996 or its implementing regulations. The health care
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facility may require payment, in full or in part, before acting
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on the records request.
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2. Fees charged by a health care provider for copies of
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records requested by a patient under s. 25, Art. X of the State
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Constitution may not exceed the amount established under s.
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456.057(18) s. 456.057(17), which may include a reasonable
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charge for the staff time necessary to prevent the disclosure of
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the identity of any patient involved in the adverse medical
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incident through redaction or other means as required by the
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Health Insurance Portability and Accountability Act of 1996 or
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its implementing regulations. The health care provider may
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require payment, in full or in part, before acting on the
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records request.
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Section 6. This act shall take effect July 1, 2026.