27041192, 6AER23-01 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 27041192

Notice of Emergency Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Overview

RULE:

6AER23-01

Required Reporting of SESIR Incidents to Law Enforcement.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The emergency rule specifies which School Environmental Safety Reporting (SESIR) incidents must be reported to law enforcement. This rule conforms to recent amendments to Section 1006.07(9), Florida Statutes, which became effective upon becoming law on April 3, 2023. See Ch. 23-18, § 24, Laws of Florida. The amended statute authorizes the Department of Education to adopt emergency rules “for the purpose of implementing the amendments made to s. 1006.07(9), Florida Statutes,” and directs the Department to specify which incidents that school districts must report to law enforcement. The Legislature found “that school district discretion over reporting criminal incidents to law enforcement has resulted in significant under-reporting of serious crimes” and stated that emergency rulemaking is necessary, and all conditions are deemed met, “to ensure that all reportable incidents that are crimes are reported to law enforcement as soon as practicable starting in the 2023-24 school year.” These findings are consistent with previous recommendations from the Marjory Stoneman Douglas High School Public Safety Commission and the reports issued by the Twentieth Statewide Grand Jury.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Department of Education was authorized to adopt emergency rules to ensure that all reportable SESIR incidents that are crimes are reported to law enforcement as soon as practicable starting in the 2023-24 school year. In addition to explicitly providing authority for this emergency rule, Ch. 23-18 § 24, Laws of Florida, provides that all conditions for adopting an emergency rule are deemed met. Despite this finding, the emergency rule was published on the Department’s website in an effort to reach interested persons prior to consideration by the State Board of Education. Finally, because the Department is headed by a board, rather than an individual, the emergency rule will be considered at a public meeting before the State Board of Education, with the opportunity for public input prior to final adoption. While this period is an abbreviated one, given the need to act quickly to ensure the new reporting requirements are in place for the 2023-24 school year, the procedure utilized is fair to interested and affected persons.

SUMMARY:

The emergency rule requires school districts and charter schools to report specified SESIR incidents to local law enforcement agencies.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Scott R. Strauss, Vice-Chancellor, Office of Safe Schools

PRINT PUBLISH DATE:

4/20/2023 Vol. 49/77

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=6AER23-01&PDate=4/20/2023&Section=4

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.