Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Braynon moved the following:
    1         Senate Amendment to Amendment (318628) (with title
    2  amendment)
    4         Delete lines 35 - 82
    5  and insert:
    6         (k) Create the Florida Sheriff’s Marshal Pilot Program
    7  within the Department of Education as a voluntary program to
    8  assist public schools in the school districts in Citrus, Holmes,
    9  and Nassau Counties in enhancing the safety and security of
   10  students, faculty, and staff of, and visitors to, public schools
   11  and campuses in those counties. The program is administered by
   12  the Office of Safe Schools, created pursuant to s. 20.15.
   13         1. The purpose of the program is to provide comprehensive
   14  firearm safety and proficiency training for selected faculty and
   15  staff strategically focused on providing security on campus
   16  during an active assailant incident. Public school faculty and
   17  staff who voluntarily participate in and complete the program,
   18  as recommended by the school district, are designated as special
   19  deputy sheriffs with all rights, responsibilities, and
   20  obligations in carrying concealed firearms on campus, as
   21  authorized pursuant to s. 30.09.
   22         2. As used in this paragraph, the term:
   23         a. “Active assailant incident” means a situation in which
   24  an armed assailant is posing an immediate deadly threat to
   25  persons on the premises or campus of a public school.
   26         b. “Campus” means a school, as defined in s. 1003.01(2),
   27  and facilities and school plants operated and controlled by a
   28  public school district in accordance with s. 1003.02.
   29         c. “Partnership agreement” means a jointly approved
   30  contract between the sheriff operating the program and the
   31  superintendent of a participating school district sponsor.
   32         d. “Program” means a Florida Sheriff’s Marshal Pilot
   33  Program as established and administered by a sheriff in
   34  accordance with this section.
   35         e. “Sheriff” means the county sheriff constitutional
   36  officer elected or appointed in accordance with chapter 30 of a
   37  county that is authorized and elects to participate in the
   38  program.
   39         f. “Sheriff’s marshal” means a faculty or staff member who
   40  is recommended and sponsored by a school district and has been
   41  successfully screened and approved by the sheriff to participate
   42  in a program.
   43         g. “Special deputy sheriff” means a program participant who
   44  has successfully completed the program and who is appointed as a
   45  law enforcement officer in the same manner as a deputy sheriff
   46  as provided in s. 30.072(2) and certified under chapter 943.
   47         3. At a minimum, program eligibility and participation
   48  requirements must include:
   49         a. A school district authorized to participate may sponsor
   50  and recommend to the sheriff public school faculty and staff
   51  members as candidates for voluntary participation in the
   52  program. The sheriff shall establish timelines and requirements
   53  for participation through a partnership agreement with the
   54  sponsoring school district superintendent. To be eligible for
   55  consideration and recommendation, a candidate must be licensed
   56  in accordance with s. 790.06.
   57         b. After screening a candidate, including performing
   58  criminal background checks, drug testing, and a psychological
   59  evaluation, the sheriff may approve a candidate to participate
   60  in the program as a sheriff’s marshal.
   61         c. Upon successful completion of the program, a sheriff’s
   62  marshal may be appointed by the sheriff as a special deputy
   63  sheriff for the limited purpose of responding to an active
   64  assailant incident on a campus of his or her school district
   65  during an active assailant incident.
   66         4.a. At a minimum, the partnership agreement must provide
   67  that a special deputy sheriff:
   68         (I) Must participate in and complete the program’s
   69  professional training requirements as a precondition to meeting
   70  the legal requirements of chapter 30 to be eligible to carry a
   71  concealed firearm on a campus of his or her sponsoring school
   72  district.
   73         (II) May not act in any law enforcement capacity outside of
   74  an active assailant incident on a school district campus and
   75  does not have any authority in a law enforcement capacity off
   76  campus in any way, except as otherwise expressly authorized by
   77  law.
   78         (III). May carry concealed, approved firearms on campus.
   79  The firearms must be specifically purchased and issued for the
   80  sole purpose of the program. Only concealed carry safety
   81  holsters and firearms approved by the sheriff may be used under
   82  the program.
   83         (IV). Must successfully complete training with the
   84  sheriff’s office before his or her appointment as a special
   85  deputy sheriff, including meeting the requirements of this
   86  section.
   87         b. The appointment of a person as a special deputy sheriff
   88  does not entitle the person to the special risk category that
   89  applies to law enforcement officers pursuant to s. 121.0515.
   90         5. TRAINING AND INSTRUCTION.—All training must be conducted
   91  by Criminal Justice Standards Training Commission (CJSTC)
   92  certified instructors.
   93         a. Required instruction must include 132 total hours of
   94  comprehensive firearm safety and proficiency training in the
   95  following topics:
   96         (I) Firearms: 80-hour block of instruction. The firearms
   97  instruction must be based on the CJSTC Law Enforcement Academy
   98  training model and must be enhanced to include 10 percent to 20
   99  percent more rounds fired by each program participant beyond the
  100  minimum average of approximately 1,000 training rounds
  101  associated with academy training. Program participants must
  102  achieve an 85 percent pass rate on the firearms training.
  103         (II) Firearms precision pistol: 16-hour block of
  104  instruction.
  105         (III) Firearms discretionary shooting: 4-hour block of
  106  instruction using state-of-the-art simulator exercises.
  107         (IV) Active shooter or assailant: 8-hour block of
  108  instruction.
  109         (V) Defensive tactics: 4-hour block of instruction.
  110         (VI) Legal or high liability: 20-hour block of instruction.
  111         b. Program participants may complete an optional, 16-hour
  112  precision pistol course as additional training.
  113         c. Ongoing and annual proficiency retraining must be
  114  conducted by the sheriff, as specified in the agreement.
  115         6.The sheriff or the district superintendent may deny or
  116  terminate a sheriff’s marshal or special deputy sheriff’s
  117  participation in the program for any reason, including, but not
  118  limited to, any of the following circumstances:
  119         a. An arrest or filing of criminal charges against a
  120  program participant by a law enforcement agency.
  121         b. The service of process on the program participant as the
  122  respondent of an injunction for protection.
  123         c. The involuntary placement of the program participant in
  124  a treatment facility for a mental health examination under The
  125  Baker Act.
  126         d. A violation of sheriff office policies, orders, or
  127  requirements by the program participant.
  128         e. A violation of the school district’s code of conduct or
  129  employee handbook or policy by the program participant.
  130         7.a. The sheriff shall maintain documentation of weapon and
  131  equipment inspections, as well as the training, certification,
  132  inspection, and qualification records of each program
  133  participant.
  134         b. Each program participant must be distinctly and visually
  135  identifiable to responding law enforcement officers, faculty,
  136  staff, and students, in the case of any active assailant
  137  incident on a sponsoring school district’s campus.
  138         c. Each sheriff’s marshal must execute a volunteer
  139  agreement with the sheriff’s office outlining duties and
  140  responsibilities.
  141         d. A sponsoring school district must conduct awareness
  142  training about the program for all school district faculty and
  143  staff members.
  144         e. Specific implementation requirements, responsibilities,
  145  and other aspects of implementation must be specified in a
  146  partnership agreement.
  147         8. FUNDING.—The costs of program participation must be
  148  established in the partnership agreement. Funding may be
  149  provided by the Legislature to support school district and
  150  sheriff office administration, sponsorship, participation, and
  151  implementation of this section.
  153  ================= T I T L E  A M E N D M E N T ================
  154  And the title is amended as follows:
  155         Delete lines 2443 - 2448
  156  and insert:
  157         establishing the Florida Sheriff’s Marshall Pilot
  158         Program within the Department of Education;
  159         establishing the program as a voluntary program to
  160         assist public schools in the school districts of
  161         certain counties; requiring the Office of Safe Schools
  162         to administer the pilot program; providing the purpose
  163         of the program; defining terms; providing requirements
  164         for program eligibility and participation; specifying
  165         requirements for a special deputy sheriff; authorizing
  166         the sheriff or district superintendent to deny or
  167         terminate a sheriff’s marshal or special deputy
  168         sheriff under certain circumstances; providing for
  169         implementation; providing for funding; amending s.
  170         121.091, F.S.;