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2023 Florida Statutes (including 2023C)

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943 DEPARTMENT OF LAW ENFORCEMENT Entire Chapter
SECTION 687
Marjory Stoneman Douglas High School Public Safety Commission.
F.S. 943.687
943.687 Marjory Stoneman Douglas High School Public Safety Commission.—
(1) There is created within the Department of Law Enforcement the Marjory Stoneman Douglas High School Public Safety Commission, a commission as defined in s. 20.03.
(2)(a) The commission shall convene no later than June 1, 2018, and shall be composed of 16 members. Five members shall be appointed by the President of the Senate, five members shall be appointed by the Speaker of the House of Representatives, and five members shall be appointed by the Governor. From the members of the commission, the Governor shall appoint the chair. Appointments must be made by April 30, 2018. The Commissioner of the Department of Law Enforcement shall serve as a member of the commission. The Secretary of Children and Families, the Secretary of Juvenile Justice, the Secretary of Health Care Administration, and the Commissioner of Education shall serve as ex officio, nonvoting members of the commission. Members shall serve at the pleasure of the officer who appointed the member. A vacancy on the commission shall be filled in the same manner as the original appointment.
(b) The General Counsel of the Department of Law Enforcement shall serve as the general counsel for the commission.
(c) The Department of Law Enforcement staff, as assigned by the chair, shall assist the commission in performing its duties.
(d) The commission shall meet as necessary to conduct its work at the call of the chair and at the time designated by him or her at locations throughout the state. The commission may conduct its meetings through teleconferences or other similar means.
(e) Members of the commission are entitled to receive reimbursement for per diem and travel expenses pursuant to s. 112.061.
(3) The commission shall monitor implementation of school safety legislation by:
(a) Evaluating the activities of the Office of Safe Schools to provide guidance to school districts, identifying areas of noncompliance and mechanisms used to achieve compliance.
(b) Reviewing the findings of the Auditor General regarding school district school safety policies and procedures that need improvement to ensure and demonstrate compliance with state law.
(c) Reviewing school hardening grant expenditures and evaluating such expenditures based on the report of the School Hardening and Harm Mitigation Workgroup, recommendations of law enforcement agencies pursuant to s. 1006.07(8), and the return on investment analysis required by s. 1006.1493.
(d) Evaluating the utilization of the centralized integrated data repository by schools and its effectiveness in conducting threat assessments.
(e) Assessing efforts by local governments to improve communication and coordination among regional emergency communications systems.
(f) Investigating any failures in incident responses by local law enforcement agencies and school resource officers.
1. Identifying existing policies and procedures for active assailant incidents on school premises and evaluating the compliance with such policies and procedures in the execution of incident responses.
2. Evaluating the extent to which any failures in policy, procedure, or execution may contribute to an inability to prevent deaths and injuries.
3. Making specific recommendations for improving law enforcement and school resource officer responses to incidents.
(g) Investigating any failures in interactions with perpetrators preceding incidents of violence.
1. Evaluating the extent to which any such failures contributed to an inability to prevent deaths and injuries.
2. Making specific recommendations for improving communication and coordination among entities with knowledge of indicators of risk or possible threats of violence.
(4) The commission has the power to investigate. The commission may delegate to its investigators the authority to administer oaths and affirmations.
(5) The Commissioner of the Department of Law Enforcement shall use his or her subpoena power to compel the attendance of witnesses to testify before the commission. The Commissioner of the Department of Law Enforcement shall use his or her subpoena power to compel the production of any books, papers, records, documentary evidence, and other items, including confidential information, relevant to the performance of the duties of the commission or to the exercise of its powers. The chair or any other member of the commission may administer all oaths and affirmations in the manner prescribed by law to witnesses who appear before the commission for the purpose of testifying in any matter of which the commission desires evidence. In the case of a refusal to obey a subpoena, the commission may make application to any circuit court of this state having jurisdiction to order the witness to appear before the commission and to produce evidence, if so ordered, or to give testimony relevant to the matter in question. Failure to obey the order may be punished by the court as contempt.
(6) The commission may call upon appropriate agencies of state government for such professional assistance as may be needed in the discharge of its duties, and such agencies shall provide such assistance in a timely manner.
(7) Notwithstanding any other law, the commission may request and shall be provided with access to any information or records, including exempt or confidential and exempt information or records, which pertain to the Marjory Stoneman Douglas High School shooting and prior mass violence incidents in Florida being reviewed by the commission and which are necessary for the commission to carry out its duties. Information or records obtained by the commission which are otherwise exempt or confidential and exempt shall retain such exempt or confidential and exempt status, and the commission may not disclose any such information or records.
(8) Any portion of a meeting of the Marjory Stoneman Douglas High School Public Safety Commission at which exempt or confidential and exempt information is discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
(9) The commission shall submit an initial report on its findings and recommendations to the Governor, President of the Senate, and Speaker of the House of Representatives by January 1, 2019, and may issue reports annually thereafter. The commission shall sunset July 1, 2026, and this section is repealed on that date.
History.—s. 2, ch. 2018-1; s. 20, ch. 2018-3; s. 2, ch. 2022-174; s. 1, ch. 2023-61.