Florida Senate - 2018 SB 1236
By Senator Baxley
12-01147-18 20181236__
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 possessing
5 firearms or other specified devices on school property
6 or other specified areas for authorized concealed
7 weapon or firearm licensees who are designated by
8 school principals or district school superintendents;
9 providing requirements for designees; amending s.
10 1006.07, F.S.; requiring district school boards to
11 formulate and prescribe policies and procedures for
12 active shooter and hostage situations; requiring that
13 active shooter situation training for each school be
14 conducted by the law enforcement agency or agencies
15 that are designated as first responders to the
16 school’s campus; requiring a district school
17 superintendent to provide specified agencies with
18 certain strategy and activity recommendations to
19 improve school safety and security; requiring that
20 district school boards and private school principals
21 or governing boards allow campus tours by such law
22 enforcement agency or agencies for specified purposes;
23 requiring that certain recommendations be documented
24 by such board or principal; amending s. 1006.12, F.S.;
25 authorizing district school boards to commission one
26 or more school safety officers on each school campus;
27 authorizing district school superintendents to provide
28 recommendations concerning school safety and security
29 to certain law enforcement agencies; amending ss.
30 435.04, 790.251, 921.0022, and 1012.315, F.S.;
31 conforming cross-references; providing an effective
32 date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. It is the intent of the Legislature to prevent
37 violent crimes from occurring on school grounds. The Legislature
38 acknowledges that the safekeeping of our students, teachers, and
39 campuses is imperative. In addition, the Legislature’s intent is
40 not to mandate that a school or administration building have one
41 or more designees as described in the amendments made by this
42 act to s. 790.115, Florida Statutes, but to allow the school
43 principal or district school superintendent the opportunity to
44 designate one or more such designees.
45 Section 2. Section 790.115, Florida Statutes, is amended to
46 read:
47 790.115 Possessing or discharging weapons or firearms at a
48 school-sponsored event or on school property prohibited;
49 penalties; exceptions.—
50 (1) As used in this section, the term “school” means any
51 preschool, elementary school, middle school, junior high school,
52 secondary school, career center, or postsecondary school,
53 whether public or nonpublic.
54 (2)(1) A person who exhibits any sword, sword cane,
55 firearm, electric weapon or device, destructive device, or other
56 weapon as defined in s. 790.001(13), including a razor blade,
57 box cutter, or common pocketknife, except as authorized in
58 support of school-sanctioned activities, in the presence of one
59 or more persons in a rude, careless, angry, or threatening
60 manner and not in lawful self-defense, at a school-sponsored
61 event or on the grounds or facilities of any school, school bus,
62 or school bus stop, or within 1,000 feet of the real property
63 that comprises a public or private elementary school, middle
64 school, or secondary school, during school hours or during the
65 time of a sanctioned school activity, commits a felony of the
66 third degree, punishable as provided in s. 775.082, s. 775.083,
67 or s. 775.084. This subsection does not apply to the exhibition
68 of a firearm or weapon on private real property within 1,000
69 feet of a school by the owner of such property or by a person
70 whose presence on such property has been authorized, licensed,
71 or invited by the owner.
72 (3) Subsection (4) does not apply to a school employee or
73 volunteer who has been designated by his or her school
74 principal, or, for an administration building, a district
75 employee or volunteer who has been designated by his or her
76 district school superintendent, as authorized to carry a
77 concealed weapon or firearm on school property.
78 (a)1. A designee authorized to carry a concealed weapon or
79 firearm on such school property under this subsection may only
80 carry such weapon or firearm in a concealed manner. The weapon
81 or firearm must be carried on the designee’s person at all times
82 while the designee is performing his or her official school
83 duties.
84 2. The designee must submit to the authorizing school
85 principal or district school superintendent proof of completion
86 of a minimum of 40 hours of a school safety program and annually
87 complete 8 hours of active shooter training and 4 hours of
88 firearm proficiency training as the program and these trainings
89 are defined and administered by the Department of Law
90 Enforcement. For purposes of this subsection, a designee is an
91 individual who is:
92 a. A veteran of the United States Armed Forces who was
93 honorably discharged and who has not been found to have
94 committed a firearms-related disciplinary infraction during his
95 or her military service;
96 b. An active duty member of the United States Armed Forces,
97 the Florida National Guard, or the United States Reserve Forces
98 who has not been found to have committed a firearms-related
99 disciplinary infraction during his or her military service;
100 c. A current or former law enforcement officer who has not
101 been found to have committed a firearms-related disciplinary
102 infraction during his or her law enforcement service; or
103 d. In possession of a valid permit under s. 790.06.
104 (b) School principals and district school superintendents
105 may create a school safety program for school employees or
106 volunteers. Each school principal, or, for an administration
107 building, the district school superintendent, may designate one
108 or more designees who have provided proof of completion of
109 training as created by the Criminal Justice Standards and
110 Training Commission and administered and certified by the
111 Criminal Justice Training Center. The school principal or
112 district school superintendent must require volunteers to
113 undergo level 2 background screening pursuant to s. 435.04
114 before being designated and every 5 years thereafter and may
115 require additional screening for all designees.
116 (4)(a)(2)(a) A person shall not possess any firearm,
117 electric weapon or device, destructive device, or other weapon
118 as defined in s. 790.001(13), including a razor blade or box
119 cutter, except as authorized in support of school-sanctioned
120 activities, at a school-sponsored event or on the property of
121 any school, school bus, or school bus stop; however, a person
122 may carry a firearm:
123 1. In a case to a firearms program, class, or function
124 which has been approved in advance by the principal or chief
125 administrative officer of the school as a program or class to
126 which firearms could be carried;
127 2. In a case to a career center having a firearms training
128 range; or
129 3. In a vehicle pursuant to s. 790.25(5); except that
130 school districts may adopt written and published policies that
131 waive the exception in this subparagraph for purposes of student
132 and campus parking privileges.
133
134 For the purposes of this section, “school” means any preschool,
135 elementary school, middle school, junior high school, secondary
136 school, career center, or postsecondary school, whether public
137 or nonpublic.
138 (b) A person who willfully and knowingly possesses any
139 electric weapon or device, destructive device, or other weapon
140 as defined in s. 790.001(13), including a razor blade or box
141 cutter, except as authorized in support of school-sanctioned
142 activities, in violation of this subsection commits a felony of
143 the third degree, punishable as provided in s. 775.082, s.
144 775.083, or s. 775.084.
145 (c)1. A person who willfully and knowingly possesses any
146 firearm in violation of this subsection commits a felony of the
147 third degree, punishable as provided in s. 775.082, s. 775.083,
148 or s. 775.084.
149 2. A person who stores or leaves a loaded firearm within
150 the reach or easy access of a minor who obtains the firearm and
151 commits a violation of subparagraph 1. commits a misdemeanor of
152 the second degree, punishable as provided in s. 775.082 or s.
153 775.083; except that this subparagraph does not apply if the
154 firearm was stored or left in a securely locked box or container
155 or in a location which a reasonable person would have believed
156 to be secure, or was securely locked with a firearm-mounted
157 push-button combination lock or a trigger lock; if the minor
158 obtains the firearm as a result of an unlawful entry by any
159 person; or to members of the United States Armed Forces, the
160 Florida National Guard, or state militia, or the United States
161 Reserve Forces, or to police or other law enforcement officers,
162 with respect to firearm possession by a minor which occurs
163 during or incidental to the performance of their official
164 duties.
165 (d) A person who discharges any weapon or firearm while in
166 violation of paragraph (a), unless discharged for lawful defense
167 of himself or herself or another or for a lawful purpose,
168 commits a felony of the second degree, punishable as provided in
169 s. 775.082, s. 775.083, or s. 775.084.
170 (e) The penalties of this subsection shall not apply to
171 persons licensed under s. 790.06. Persons licensed under s.
172 790.06 shall be punished as provided in s. 790.06(12), except
173 that a licenseholder who unlawfully discharges a weapon or
174 firearm on school property as prohibited by this subsection
175 commits a felony of the second degree, punishable as provided in
176 s. 775.082, s. 775.083, or s. 775.084.
177 (5)(3) This section does not apply to any law enforcement
178 officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
179 (8), (9), or (14).
180 (6)(4) Notwithstanding s. 985.24, s. 985.245, or s.
181 985.25(1), any minor under 18 years of age who is charged under
182 this section with possessing or discharging a firearm on school
183 property shall be detained in secure detention, unless the state
184 attorney authorizes the release of the minor, and shall be given
185 a probable cause hearing within 24 hours after being taken into
186 custody. At the hearing, the court may order that the minor
187 continue to be held in secure detention for a period of 21 days,
188 during which time the minor shall receive medical, psychiatric,
189 psychological, or substance abuse examinations pursuant to s.
190 985.18, and a written report shall be completed.
191 Section 3. Subsections (4) and (6) of section 1006.07,
192 Florida Statutes, are amended, and subsection (7) is added to
193 that section, to read:
194 1006.07 District school board duties relating to student
195 discipline and school safety.—The district school board shall
196 provide for the proper accounting for all students, for the
197 attendance and control of students at school, and for proper
198 attention to health, safety, and other matters relating to the
199 welfare of students, including:
200 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
201 (a) Formulate and prescribe policies and procedures for
202 emergency drills and for actual emergencies, including, but not
203 limited to, fires, natural disasters, active shooter and hostage
204 situations, and bomb threats, for all the public schools of the
205 district which comprise grades K-12. District school board
206 policies shall include commonly used alarm system responses for
207 specific types of emergencies and verification by each school
208 that drills have been provided as required by law and fire
209 protection codes. The emergency response agency that is
210 responsible for notifying the school district for each type of
211 emergency must be listed in the district’s emergency response
212 policy.
213 (b) Establish model emergency management and emergency
214 preparedness procedures, including emergency notification
215 procedures pursuant to paragraph (a), for the following life
216 threatening emergencies:
217 1. Weapon-use, and hostage, and active shooter situations.
218 The active shooter situation training for each school must be
219 conducted by the law enforcement agency or agencies that are
220 designated as first responders to the school’s campus.
221 2. Hazardous materials or toxic chemical spills.
222 3. Weather emergencies, including hurricanes, tornadoes,
223 and severe storms.
224 4. Exposure as a result of a manmade emergency.
225 (6) SAFETY AND SECURITY BEST PRACTICES.—Use the Safety and
226 Security Best Practices developed by the Office of Program
227 Policy Analysis and Government Accountability to conduct a self
228 assessment of the school districts’ current safety and security
229 practices. Based on these self-assessment findings, the district
230 school superintendent shall provide recommendations to the
231 district school board and the law enforcement agency or agencies
232 that are designated as first responders to the district’s campus
233 which identify strategies and activities that the district
234 school board should implement in order to improve school safety
235 and security. Annually each district school board must receive
236 the self-assessment results at a publicly noticed district
237 school board meeting to provide the public an opportunity to
238 hear the district school board members discuss and take action
239 on the report findings. Each district school superintendent
240 shall report the self-assessment results and school board action
241 to the commissioner within 30 days after the district school
242 board meeting.
243 (7) SAFETY IN CONSTRUCTION AND PLANNING.—A district school
244 board or private school principal or governing board must allow
245 the law enforcement agency or agencies that are designated as
246 first responders to the school’s or district’s campus to tour
247 such campus once every 3 years. Any changes related to school
248 safety and emergency issues recommended by a law enforcement
249 agency based on a campus tour must be documented by the district
250 school board or private school principal or governing board.
251 Section 4. Paragraph (b) of subsection (2) of section
252 1006.12, Florida Statutes, is amended to read:
253 1006.12 School resource officers and school safety
254 officers.—
255 (2)
256 (b) A district school board may commission one or more
257 school safety officers for the protection and safety of school
258 personnel, property, and students on each school campus within
259 the school district. The district school superintendent may
260 recommend and the district school board may appoint the one or
261 more school safety officers.
262 Section 5. Paragraphs (q) and (r) of subsection (2) of
263 section 435.04, Florida Statutes, are amended to read:
264 435.04 Level 2 screening standards.—
265 (2) The security background investigations under this
266 section must ensure that no persons subject to the provisions of
267 this section have been arrested for and are awaiting final
268 disposition of, have been found guilty of, regardless of
269 adjudication, or entered a plea of nolo contendere or guilty to,
270 or have been adjudicated delinquent and the record has not been
271 sealed or expunged for, any offense prohibited under any of the
272 following provisions of state law or similar law of another
273 jurisdiction:
274 (q) Section 790.115(2) 790.115(1), relating to exhibiting
275 firearms or weapons within 1,000 feet of a school.
276 (r) Section 790.115(4)(b) 790.115(2)(b), relating to
277 possessing an electric weapon or device, destructive device, or
278 other weapon on school property.
279 Section 6. Paragraph (a) of subsection (7) of section
280 790.251, Florida Statutes, is amended to read:
281 790.251 Protection of the right to keep and bear arms in
282 motor vehicles for self-defense and other lawful purposes;
283 prohibited acts; duty of public and private employers; immunity
284 from liability; enforcement.—
285 (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
286 apply to:
287 (a) Any school property as defined in s. 790.115(1) and
288 regulated under that section s. 790.115.
289 Section 7. Paragraphs (d) and (f) of subsection (3) of
290 section 921.0022, Florida Statutes, are amended to read:
291 921.0022 Criminal Punishment Code; offense severity ranking
292 chart.—
293 (3) OFFENSE SEVERITY RANKING CHART
294 (d) LEVEL 4
295
296
297 FloridaStatute FelonyDegree Description
298 316.1935(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.
299 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
300 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
301 517.07(1) 3rd Failure to register securities.
302 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
303 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
304 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
305 784.075 3rd Battery on detention or commitment facility staff.
306 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
307 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
308 784.081(3) 3rd Battery on specified official or employee.
309 784.082(3) 3rd Battery by detained person on visitor or other detainee.
310 784.083(3) 3rd Battery on code inspector.
311 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
312 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
313 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
314 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
315 787.07 3rd Human smuggling.
316 790.115(2) 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
317 790.115(4)(b) 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
318 790.115(4)(c) 790.115(2)(c) 3rd Possessing firearm on school property.
319 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
320 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
321 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
322 810.06 3rd Burglary; possession of tools.
323 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
324 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
325 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
326 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
327 817.505(4)(a) 3rd Patient brokering.
328 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
329 817.568(2)(a) 3rd Fraudulent use of personal identification information.
330 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
331 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
332 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
333 837.02(1) 3rd Perjury in official proceedings.
334 837.021(1) 3rd Make contradictory statements in official proceedings.
335 838.022 3rd Official misconduct.
336 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
337 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
338 843.021 3rd Possession of a concealed handcuff key by a person in custody.
339 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
340 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
341 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
342 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
343 893.13(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).
344 914.14(2) 3rd Witnesses accepting bribes.
345 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
346 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
347 918.12 3rd Tampering with jurors.
348 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
349 (f) LEVEL 6
350
351
352 FloridaStatute FelonyDegree Description
353 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
354 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
355 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
356 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
357 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
358 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
359 775.0875(1) 3rd Taking firearm from law enforcement officer.
360 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
361 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
362 784.041 3rd Felony battery; domestic battery by strangulation.
363 784.048(3) 3rd Aggravated stalking; credible threat.
364 784.048(5) 3rd Aggravated stalking of person under 16.
365 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
366 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
367 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
368 784.081(2) 2nd Aggravated assault on specified official or employee.
369 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
370 784.083(2) 2nd Aggravated assault on code inspector.
371 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
372 790.115(4)(d) 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
373 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
374 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
375 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
376 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
377 794.05(1) 2nd Unlawful sexual activity with specified minor.
378 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
379 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
380 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
381 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
382 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
383 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
384 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
385 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
386 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
387 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
388 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
389 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
390 825.102(1) 3rd Abuse of an elderly person or disabled adult.
391 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
392 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
393 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
394 827.03(2)(c) 3rd Abuse of a child.
395 827.03(2)(d) 3rd Neglect of a child.
396 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
397 836.05 2nd Threats; extortion.
398 836.10 2nd Written threats to kill or do bodily injury.
399 843.12 3rd Aids or assists person to escape.
400 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
401 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
402 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
403 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
404 944.35(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.
405 944.40 2nd Escapes.
406 944.46 3rd Harboring, concealing, aiding escaped prisoners.
407 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
408 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
409 Section 8. Paragraphs (n) and (o) of subsection (1) of
410 section 1012.315, Florida Statutes, are amended to read:
411 1012.315 Disqualification from employment.—A person is
412 ineligible for educator certification, and instructional
413 personnel and school administrators, as defined in s. 1012.01,
414 are ineligible for employment in any position that requires
415 direct contact with students in a district school system,
416 charter school, or private school that accepts scholarship
417 students under s. 1002.39 or s. 1002.395, if the person,
418 instructional personnel, or school administrator has been
419 convicted of:
420 (1) Any felony offense prohibited under any of the
421 following statutes:
422 (n) Section 790.115(2) 790.115(1), relating to exhibiting
423 firearms or weapons at a school-sponsored event, on school
424 property, or within 1,000 feet of a school.
425 (o) Section 790.115(4)(b) 790.115(2)(b), relating to
426 possessing an electric weapon or device, destructive device, or
427 other weapon at a school-sponsored event or on school property.
428 Section 9. This act shall take effect July 1, 2018.