Florida Senate - 2014 SB 968
By Senator Hays
1 A bill to be entitled
2 An act relating to school safety; providing
3 legislative intent; amending s. 790.115, F.S.;
4 providing an exception to a prohibition on possession
5 of firearms or other specified devices on school
6 property or in other specified areas for authorized
7 concealed weapon or firearm licensees as designated by
8 school principals or district superintendents;
9 providing requirements for designees; amending s.
10 1006.07, F.S.; requiring a school district board to
11 formulate policies and procedures for managing active
12 shooter and hostage situations; requiring that active
13 shooter training for each school be conducted by the
14 law enforcement agency that is designated as the
15 first-responder agency for the school; requiring that
16 plans for new schools be reviewed by law enforcement
17 agencies for specified purposes; requiring that all
18 recommendations be incorporated into such plans before
19 construction contracts may be awarded; amending s.
20 1006.12, F.S.; authorizing district school boards to
21 commission one or more school safety officers on each
22 school campus; amending ss. 435.04, 790.251, 921.0022,
23 and 1012.315, F.S.; conforming cross-references;
24 providing an effective date.
26 Be It Enacted by the Legislature of the State of Florida:
28 Section 1. It is the intent of the Legislature to prevent
29 violent crimes from occurring on school grounds. The Legislature
30 acknowledges that the safekeeping of our students, teachers, and
31 campuses is imperative. In addition, it is the intent of the
32 Legislature that school principals or authorizing
33 superintendents be allowed, but not required, to have one or
34 more designees as described in the amendments made by this act
35 to s. 790.115, Florida Statutes.
36 Section 2. Section 790.115, Florida Statutes, is amended to
38 790.115 Possessing or discharging weapons or firearms at a
39 school-sponsored event or on school property prohibited;
40 penalties; exceptions.—
41 (1) As used in this section, the term “school” means a
42 preschool, elementary school, middle school, junior high school,
43 or secondary school, whether public or nonpublic.
(1) A person who exhibits any sword, sword cane,
45 firearm, electric weapon or device, destructive device, or other
46 weapon as defined in s. 790.001(13), including a razor blade,
47 box cutter, or common pocketknife, except as authorized in
48 support of school-sanctioned activities, in the presence of one
49 or more persons in a rude, careless, angry, or threatening
50 manner and not in lawful self-defense , at a school-sponsored
51 event or on the grounds or facilities of any school, school bus,
52 or school bus stop, or within 1,000 feet of the real property on
53 which that comprises a public or private elementary school is
54 situated , middle school, or secondary school, during school
55 hours or during the time of a sanctioned school activity,
56 commits a felony of the third degree, punishable as provided in
57 s. 775.082, s. 775.083, or s. 775.084. This subsection does not
58 apply to the exhibition of a firearm or weapon on private real
59 property within 1,000 feet of a school by the owner of such
60 property or by a person whose presence on such property has been
61 authorized, licensed, or invited by the owner.
62 (3) (2)(a) A person may shall not possess any firearm,
63 electric weapon or device, destructive device, or other weapon
64 as defined in s. 790.001(13), including a razor blade or box
65 cutter, except as authorized in support of school-sanctioned
66 activities, at a school-sponsored event or on the property of
67 any school, school bus, or school bus stop; however, a person
68 may carry a firearm:
69 1. In a case to a firearms program, class, or function
70 which has been approved in advance by the principal or chief
71 administrative officer of the school as a program or class to
72 which firearms may could be carried;
73 2. In a case to a career center having a firearms training
74 range; or
75 3. In a vehicle pursuant to s. 790.25(5), unless the school
76 district adopts ; except that school districts may adopt written
77 and published policies that waive the exception in this
78 subparagraph for purposes of student and campus parking
81 For the purposes of this section, “school” means any preschool,
82 elementary school, middle school, junior high school, secondary
83 school, career center, or postsecondary school, whether public
84 or nonpublic.
85 (b) A person who willfully and knowingly possesses any
86 electric weapon or device, destructive device, or other weapon
87 as defined in s. 790.001(13), including a razor blade or box
88 cutter, except as authorized in support of school-sanctioned
89 activities, in violation of this subsection commits a felony of
90 the third degree, punishable as provided in s. 775.082, s.
91 775.083, or s. 775.084.
92 (c)1. A person who willfully and knowingly possesses any
93 firearm in violation of this subsection commits a felony of the
94 third degree, punishable as provided in s. 775.082, s. 775.083,
95 or s. 775.084.
96 2. A person who stores or leaves a loaded firearm within
97 the reach or easy access of a minor who obtains the firearm and
98 commits a violation of subparagraph 1. commits a misdemeanor of
99 the second degree, punishable as provided in s. 775.082 or s.
100 775.083. ; except that This subparagraph does not apply:
101 a. If the firearm was stored or left in a securely locked
102 box or container or in a location which a reasonable person
103 would have believed to be secure, or was securely locked with a
104 firearm-mounted push-button combination lock or a trigger lock;
105 b. If the minor obtains the firearm as a result of an
106 unlawful entry by any person; or
107 c. To members of the Armed Forces, National Guard, or State
108 Militia, or to police or other law enforcement officers, with
109 respect to firearm possession by a minor which occurs during or
110 incidental to the performance of their official duties.
111 (d) A person who discharges any weapon or firearm while in
112 violation of paragraph (a), unless discharged for lawful defense
113 of himself, or herself, or another or for a lawful purpose,
114 commits a felony of the second degree, punishable as provided in
115 s. 775.082, s. 775.083, or s. 775.084.
116 (e) The penalties of this subsection do shall not apply to
117 persons licensed under s. 790.06. Persons licensed under s.
118 790.06 shall be punished as provided in s. 790.06(12), except
119 that a licenseholder who unlawfully discharges a weapon or
120 firearm on school property as prohibited by this subsection
121 commits a felony of the second degree, punishable as provided in
122 s. 775.082, s. 775.083, or s. 775.084.
123 (4) (3) This section does not apply to any law enforcement
124 officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
125 (8), (9), or (14).
126 (5) Notwithstanding subsections (2) and (3), a school
127 principal may designate an employee of that school to carry a
128 concealed weapon or firearm on school property, and a district
129 school superintendent may designate an employee of the school
130 district to carry a concealed weapon or firearm in an
131 administrative building of the school district.
132 (a) A designee authorized under this subsection to carry a
133 concealed weapon or firearm on such school property may only
134 carry such weapon or firearm in a concealed manner.
135 1. The weapon or firearm must be carried on the designee’s
136 person at all times while the designee is performing his or her
137 official school duties.
138 2. The designee must submit to the authorizing principal or
139 superintendent proof of completion of a minimum of 40 hours of a
140 school safety program and annually complete 8 hours of active
141 shooting training and 4 hours of firearm proficiency training as
142 such training programs are defined and administered by the
143 Department of Law Enforcement.
144 (b) In order to be eligible for appointment as a designee
145 under this subsection, a person must be:
146 a. A military veteran who was honorably discharged and who
147 has not been found to have committed a firearms-related
148 disciplinary infraction during his or her service;
149 b. An active-duty member of the military, the National
150 Guard, or military reserves who has not been found to have
151 committed a firearms-related disciplinary infraction during his
152 or her service;
153 c. A law enforcement officer or a former law enforcement
154 officer who has not been found to have committed a firearms
155 related disciplinary infraction during his or her law
156 enforcement service; or
157 d. In possession of a valid permit under s. 790.06.
158 (c) Each public or private school principal or
159 superintendent may designate one or more designees who have
160 passed the training administered by the Department of Law
161 Enforcement and any additional screening as required by the
162 school principal or superintendent pursuant to this subsection.
163 (6) (4) Notwithstanding s. 985.24, s. 985.245, or s.
164 985.25(1), a any minor younger than under 18 years of age who is
165 charged under this section with possessing or discharging a
166 firearm on school property shall be detained in secure
167 detention, unless the state attorney authorizes the release of
168 the minor, and shall be given a probable cause hearing within 24
169 hours after being taken into custody. At the hearing, the court
170 may order that the minor continue to be held in secure detention
171 for a period of 21 days, during which time the minor shall
172 receive medical, psychiatric, psychological, or substance abuse
173 examinations pursuant to s. 985.18, and a written report shall
174 be completed.
175 Section 3. Subsections (4) and (6) of section 1006.07,
176 Florida Statutes, are amended, and subsection (7) is added to
177 that section, to read:
178 1006.07 District school board duties relating to student
179 discipline and school safety.—The district school board shall
180 provide for the proper accounting for all students, for the
181 attendance and control of students at school, and for proper
182 attention to health, safety, and other matters relating to the
183 welfare of students, including:
184 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
185 (a) Formulate and prescribe policies and procedures for
186 emergency drills and for actual emergencies, including, but not
187 limited to, fires, natural disasters, active shooters, hostage
188 situations, and bomb threats, for all the public schools of the
189 district which comprise grades K-12. District school board
190 policies shall include commonly used alarm system responses for
191 specific types of emergencies and verification by each school
192 that drills have been provided as required by law and fire
193 protection codes. The emergency response agency that is
194 responsible for notifying the school district for each type of
195 emergency must be listed in the district’s emergency response
197 (b) Establish model emergency management and emergency
198 preparedness procedures, including emergency notification
199 procedures pursuant to paragraph (a), for the following life
200 threatening emergencies:
201 1. Weapon-use, and hostage, and active-shooter situations.
202 The active-shooter situation training for each school must be
203 conducted by the law enforcement agency that is designated as
204 the first responder for the school’s campus.
205 2. Hazardous materials or toxic chemical spills.
206 3. Weather emergencies, including hurricanes, tornadoes,
207 and severe storms.
208 4. Exposure as a result of a manmade emergency.
209 (6) SAFETY AND SECURITY BEST PRACTICES.—Use the Safety and
210 Security Best Practices developed by the Office of Program
211 Policy Analysis and Government Accountability to conduct a self
212 assessment of the school districts’ current safety and security
213 practices. Based on these self-assessment findings, the district
214 school superintendent shall provide recommendations to the
215 district school board and local law enforcement agencies that
216 are first responders for the district campuses which identify
217 strategies and activities that the district school board should
218 implement in order to improve school safety and security.
219 Annually each district school board must receive the self
220 assessment results at a publicly noticed district school board
221 meeting to provide the public an opportunity to hear the
222 district school board members discuss and take action on the
223 report findings. Each district school superintendent shall
224 report the self-assessment results and school board action to
225 the commissioner within 30 days after the district school board
227 (7) SAFETY IN CONSTRUCTION AND PLANNING.—Before beginning
228 the construction bid process, a district school board shall
229 supply construction plans for a new school to the law
230 enforcement agency designated as the law enforcement first
231 responder for that school for review and comment concerning
232 school safety and emergency issues. The district school board
233 must incorporate any changes recommended by the law enforcement
234 agency into the plans before awarding a construction bid.
235 Section 4. Paragraph (b) of subsection (2) of section
236 1006.12, Florida Statutes, is amended to read:
237 1006.12 School resource officers and school safety
240 (b) A district school board may commission one or more
241 school safety officers for the protection and safety of school
242 personnel, property, and students on each school campus within
243 the school district. The district school superintendent may
244 recommend and the district school board may appoint the one or
245 more school safety officers.
246 Section 5. Paragraphs (p) and (q) of subsection (2) of
247 section 435.04, Florida Statutes, are amended to read:
248 435.04 Level 2 screening standards.—
249 (2) The security background investigations under this
250 section must ensure that no persons subject to the provisions of
251 this section have been arrested for and are awaiting final
252 disposition of, have been found guilty of, regardless of
253 adjudication, or entered a plea of nolo contendere or guilty to,
254 or have been adjudicated delinquent and the record has not been
255 sealed or expunged for, any offense prohibited under any of the
256 following provisions of state law or similar law of another
258 (p) Section 790.115(2) 790.115(1), relating to exhibiting
259 firearms or weapons within 1,000 feet of a school.
260 (q) Section 790.115(3)(b) 790.115(2)(b), relating to
261 possessing an electric weapon or device, destructive device, or
262 other weapon on school property.
263 Section 6. Paragraph (a) of subsection (7) of section
264 790.251, Florida Statutes, is amended to read:
265 790.251 Protection of the right to keep and bear arms in
266 motor vehicles for self-defense and other lawful purposes;
267 prohibited acts; duty of public and private employers; immunity
268 from liability; enforcement.—
269 (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
270 apply to:
271 (a) Any school property as defined in s. 790.115(1) and
272 regulated under that section s. 790.115.
273 Section 7. Paragraphs (d) and (f) of subsection (3) of
274 section 921.0022, Florida Statutes, are amended to read:
275 921.0022 Criminal Punishment Code; offense severity ranking
277 (3) OFFENSE SEVERITY RANKING CHART
278 (d) LEVEL 4
280 FloridaStatute FelonyDegree Description
281 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
282 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
283 499.0051(2) 3rd Failure to authenticate pedigree papers.
284 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
285 517.07(1) 3rd Failure to register securities.
286 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
287 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
288 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
289 784.075 3rd Battery on detention or commitment facility staff.
290 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
291 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
292 784.081(3) 3rd Battery on specified official or employee.
293 784.082(3) 3rd Battery by detained person on visitor or other detainee.
294 784.083(3) 3rd Battery on code inspector.
295 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
296 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
297 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
298 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
299 787.07 3rd Human smuggling.
300 790.115(2) 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
301 790.115(3)(b) 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
302 790.115(3)(c) 790.115(2)(c) 3rd Possessing firearm on school property.
303 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
304 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
305 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
306 810.06 3rd Burglary; possession of tools.
307 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
308 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
309 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
310 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
311 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
312 817.568(2)(a) 3rd Fraudulent use of personal identification information.
313 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
314 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
315 837.02(1) 3rd Perjury in official proceedings.
316 837.021(1) 3rd Make contradictory statements in official proceedings.
317 838.022 3rd Official misconduct.
318 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
319 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
320 843.021 3rd Possession of a concealed handcuff key by a person in custody.
321 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
322 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
323 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
324 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
325 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
326 914.14(2) 3rd Witnesses accepting bribes.
327 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
328 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
329 918.12 3rd Tampering with jurors.
330 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
331 (f) LEVEL 6
333 FloridaStatute FelonyDegree Description
334 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
335 499.0051(3) 2nd Knowing forgery of pedigree papers.
336 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
337 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
338 775.0875(1) 3rd Taking firearm from law enforcement officer.
339 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
340 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
341 784.041 3rd Felony battery; domestic battery by strangulation.
342 784.048(3) 3rd Aggravated stalking; credible threat.
343 784.048(5) 3rd Aggravated stalking of person under 16.
344 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
345 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
346 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
347 784.081(2) 2nd Aggravated assault on specified official or employee.
348 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
349 784.083(2) 2nd Aggravated assault on code inspector.
350 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
351 790.115(3)(d) 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
352 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
353 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
354 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
355 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
356 794.05(1) 2nd Unlawful sexual activity with specified minor.
357 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
358 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
359 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
360 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
361 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
362 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
363 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
364 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
365 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
366 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
367 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
368 825.102(1) 3rd Abuse of an elderly person or disabled adult.
369 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
370 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
371 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
372 827.03(2)(c) 3rd Abuse of a child.
373 827.03(2)(d) 3rd Neglect of a child.
374 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
375 836.05 2nd Threats; extortion.
376 836.10 2nd Written threats to kill or do bodily injury.
377 843.12 3rd Aids or assists person to escape.
378 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
379 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
380 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
381 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
382 944.35(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.
383 944.40 2nd Escapes.
384 944.46 3rd Harboring, concealing, aiding escaped prisoners.
385 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
386 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
387 Section 8. Paragraphs (n) and (o) of subsection (1) of
388 section 1012.315, Florida Statutes, are amended to read:
389 1012.315 Disqualification from employment.—A person is
390 ineligible for educator certification, and instructional
391 personnel and school administrators, as defined in s. 1012.01,
392 are ineligible for employment in any position that requires
393 direct contact with students in a district school system,
394 charter school, or private school that accepts scholarship
395 students under s. 1002.39 or s. 1002.395, if the person,
396 instructional personnel, or school administrator has been
397 convicted of:
398 (1) Any felony offense prohibited under any of the
399 following statutes:
400 (n) Section 790.115(2) 790.115(1), relating to exhibiting
401 firearms or weapons at a school-sponsored event, on school
402 property, or within 1,000 feet of a school.
403 (o) Section 790.115(3)(b) 790.115(2)(b), relating to
404 possessing an electric weapon or device, destructive device, or
405 other weapon at a school-sponsored event or on school property.
406 Section 9. This act shall take effect July 1, 2014.