Florida Senate - 2013                                    SB 1730
       By Senator Bean
       4-00757-13                                            20131730__
    1                        A bill to be entitled                      
    2         An act relating to public schools; creating s.
    3         1012.47, F.S.; establishing the School Safety Marshal
    4         Program within the Department of Education;
    5         authorizing and requiring a school safety marshal to
    6         carry a concealed firearm on school grounds;
    7         authorizing school districts to participate in the
    8         program after following certain procedures; requiring
    9         school districts to provide notice of intent to
   10         participate in the program to employees and parents of
   11         students within the district; prohibiting the
   12         department from appointing a school safety marshal on
   13         its own initiative; prohibiting school districts from
   14         appointing a school safety marshal or authorizing a
   15         person to carry a firearm on school grounds; providing
   16         criteria for appointment as a school safety marshal;
   17         requiring the Department of Law Enforcement to issue
   18         an identification card to a school safety marshal;
   19         prescribing information that must be present on the
   20         marshal identification card; requiring a school safety
   21         marshal to carry the marshal identification card on
   22         school grounds; prohibiting a school safety marshal
   23         from carrying an unapproved firearm or ammunition;
   24         prohibiting the display or use of a firearm by a
   25         school safety marshal in certain circumstances;
   26         providing that a school safety marshal bears the cost
   27         for equipment and training required for the marshal
   28         program; requiring a school safety marshal to complete
   29         annual training; providing that a school safety
   30         marshal is entitled to a stipend from the school
   31         district; requiring school districts to pay the school
   32         safety marshal stipend; authorizing school districts
   33         to allocate safety dollars to fund school safety
   34         marshals; providing that personal information of a
   35         school safety marshal is exempt from public records
   36         requirements; prescribing circumstances under which a
   37         school safety marshal may be removed from the program;
   38         eliminating right to carry a firearm on school ground
   39         for a school safety marshal who is removed from the
   40         program; authorizing school districts to withdraw from
   41         the program after providing certain notices; requiring
   42         the Department of Education and the Department of Law
   43         Enforcement to adopt rules; amending s. 790.06, F.S.;
   44         conforming provisions; amending s. 790.115, F.S.;
   45         conforming provisions; providing an effective date.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Section 1012.47, Florida Statutes, is created to
   50  read:
   51         1012.47School safety marshals.—
   52         (1) The School Safety Marshal Program is established in the
   53  Department of Education to ensure the protection of students,
   54  teachers, staff, and members of the public on school grounds
   55  from acts of violence.
   56         (2) School safety marshals are appointed personnel within
   57  each school district authorized and required to carry a
   58  concealed firearm on school grounds.
   59         (3) Each school district may participate in the School
   60  Safety Marshal Program by providing the department with a formal
   61  resolution of its governing body adopting the use of the marshal
   62  program within the school district. Each school district shall
   63  provide a notice of intent to participate in the marshal program
   64  to school employees and parents of students within the district
   65  at least 30 days before the meeting of the governing body where
   66  such resolution is considered.
   67         (4) The department shall appoint a school safety marshal
   68  only at the request and recommendation of a school district. A
   69  school district may not appoint a school safety marshal or
   70  authorize a person, except as currently provided by law, to
   71  carry a firearm on school grounds.
   72         (5) At the request and recommendation of a school district,
   73  the department may appoint an individual as a school safety
   74  marshal within the district, if the individual:
   75         (a) Is a current member of the instructional personnel or
   76  administrative personnel of the school district or a school
   77  officer as those terms are defined in s. 1012.01, excluding
   78  temporary, contract, or probationary personnel;
   79         (b) Has the written authorization and approval of the
   80  superintendent or governing body of the school district in which
   81  he or she will serve as a school safety marshal;
   82         (c) Possesses a valid concealed weapons permit issued in
   83  this state pursuant to s. 790.06;
   84         (d) Passes a level 2 background screening as described in
   85  s. 435.04;
   86         (e) Completes a mandatory training program coordinated by
   87  the department, the school district, the Department of Law
   88  Enforcement, and a local law enforcement agency to include
   89  training in basic policing, crisis management, hostile
   90  situations, self-defense, first aid, emergency procedures, and
   91  firearm safety within 6 months before appointment as a school
   92  safety marshal; and
   93         (f) Freely, willingly, and voluntarily consents to serving
   94  as a school safety marshal.
   95         (6) The Department of Law Enforcement shall issue an
   96  identification card to an individual appointed as a school
   97  safety marshal by the department. The card must identify the
   98  individual as a member of the marshal program and include his or
   99  her name, a color photograph of the individual, and the name of
  100  the school district in which the individual serves as a marshal.
  101  Each school safety marshal shall carry the identification card
  102  at all times while on school grounds, armed or unarmed.
  103         (7) A school safety marshal shall carry only firearms and
  104  ammunition approved by the department while on school grounds.
  105  The firearm must be concealed at all times except when displayed
  106  in lawful self-defense or defense of others. It is the intent of
  107  the Legislature that a school safety marshal display or use his
  108  or her firearm only in extraordinary circumstances. A school
  109  safety marshal may not use or display his or her firearm in
  110  response to ordinary disciplinary incidents on schools grounds
  111  unless deadly force is threatened or used. Ordinary disciplinary
  112  incidents include, but are not limited to, verbal abuse,
  113  arguments, acts of bullying, or fisticuffs. Each school safety
  114  marshal shall bear the cost of firearms, ammunition, and
  115  training required by this section.
  116         (8) A school safety marshal shall annually complete an
  117  additional 16 hours of training coordinated by the department,
  118  the school district, the Department of Law Enforcement, and a
  119  local law enforcement agency.
  120         (9) A school safety marshal is entitled to receive a $2,500
  121  stipend per year, which shall be paid in accordance with
  122  department rule. Each school district shall pay the stipend to
  123  individuals within the district who are designated as school
  124  safety marshals by the department. Each school district may
  125  allocate school safety funds to pay the stipend to school safety
  126  marshals.
  127         (10) The department shall remove an individual from the
  128  marshal program under the following circumstances:
  129         (a) At the request of the school safety marshal.
  130         (b) At the request of the superintendent or governing body
  131  of the school district in which the marshal serves.
  132         (c) If he or she no longer meets the requirements of
  133  subsection (5).
  134         (d) Failure to meet annual training requirements pursuant
  135  to subsection (8).
  136         (e) Upon withdrawal from the School Safety Marshal Program
  137  of the school district in which the marshal serves, pursuant to
  138  subsection (11).
  139         (f) A finding of negligence, misconduct, or malfeasance in
  140  the performance of his or her duties under this section.
  142  An individual who is removed from the School Safety Marshal
  143  Program is not eligible to carry a firearm on school grounds
  144  under this section and shall immediately return the marshal
  145  identification card to the Department of Law Enforcement.
  146         (11) A school district may withdraw from the School Safety
  147  Marshal Program within 30 days after providing notice of intent
  148  to withdraw to school district employees, parents of students
  149  within the school district, and the department.
  150         (12) The department, in cooperation with the Department of
  151  Law Enforcement, shall adopt rules to administer this section.
  152         Section 2. Paragraph (a) of subsection (12) of section
  153  790.06, Florida Statutes, is amended to read:
  154         790.06 License to carry concealed weapon or firearm.—
  155         (12)(a) A license issued under this section does not
  156  authorize a any person to openly carry a handgun or carry a
  157  concealed weapon or firearm into:
  158         1. Any place of nuisance as defined in s. 823.05;
  159         2. Any police, sheriff, or highway patrol station;
  160         3. Any detention facility, prison, or jail;
  161         4. Any courthouse;
  162         5. Any courtroom, except that nothing in this section does
  163  not would preclude a judge from carrying a concealed weapon or
  164  determining who will carry a concealed weapon in his or her
  165  courtroom;
  166         6. Any polling place;
  167         7. Any meeting of the governing body of a county, public
  168  school district, municipality, or special district;
  169         8. Any meeting of the Legislature or a committee thereof;
  170         9. Any school, college, or professional athletic event not
  171  related to firearms, except a school safety marshal designated
  172  under s. 1012.47;
  173         10. Any elementary or secondary school facility or
  174  administration building, except a school safety marshal
  175  designated under s. 1012.47;
  176         11. Any career center;
  177         12. Any portion of an establishment licensed to dispense
  178  alcoholic beverages for consumption on the premises, which
  179  portion of the establishment is primarily devoted to such
  180  purpose;
  181         13. Any college or university facility unless the licensee
  182  is a registered student, employee, or faculty member of such
  183  college or university and the weapon is a stun gun or nonlethal
  184  electric weapon or device designed solely for defensive purposes
  185  and the weapon does not fire a dart or projectile;
  186         14. The inside of the passenger terminal and sterile area
  187  of an any airport, provided that a no person may not shall be
  188  prohibited from carrying a any legal firearm into the terminal
  189  if the, which firearm is encased for shipment for purposes of
  190  checking it such firearm as baggage to be lawfully transported
  191  on an any aircraft; or
  192         15. Any place where the carrying of firearms is prohibited
  193  by federal law.
  194         Section 3. Paragraph (f) is added to subsection (2) of
  195  section 790.115, Florida Statutes, to read:
  196         790.115 Possessing or discharging weapons or firearms at a
  197  school-sponsored event or on school property prohibited;
  198  penalties; exceptions.—
  199         (2)
  200         (f) This subsection does not apply to an individual
  201  appointed as a school safety marshal by the Department of
  202  Education pursuant to s. 1012.47.
  203         Section 4. This act shall take effect July 1, 2013.