Florida Senate - 2023                                     SB 150
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00566C-23                                           2023150__
    1                        A bill to be entitled                      
    2         An act relating to public safety; amending s. 27.53,
    3         F.S.; conforming provisions to changes made by the
    4         act; amending s. 30.15, F.S.; requiring sheriffs to
    5         assist private schools in complying with a certain
    6         statute; authorizing a private school to request the
    7         sheriff to establish a guardian program under certain
    8         conditions; providing requirements for the guardian
    9         program; authorizing certified individuals to serve as
   10         school guardians if appointed by the applicable
   11         private school head of school; revising the training
   12         program hours required for school employees to be
   13         certified as school guardians; amending s. 768.28,
   14         F.S.; revising a definition; amending s. 790.001,
   15         F.S.; defining the term “handgun”; amending s. 790.01,
   16         F.S.; authorizing a person to carry a concealed weapon
   17         or concealed firearm if he or she is licensed to do so
   18         or meets specified requirements; creating s. 790.013,
   19         F.S.; requiring a person who is carrying a concealed
   20         weapon or concealed firearm without a license to carry
   21         valid identification and display such identification
   22         upon demand by a law enforcement officer; providing a
   23         noncriminal penalty; prohibiting a person who is
   24         carrying a concealed weapon or concealed firearm
   25         without a license from carrying such weapon or firearm
   26         in specified locations; amending s. 790.015, F.S.;
   27         authorizing a nonresident to carry a concealed weapon
   28         or concealed firearm in this state if he or she meets
   29         the same requirements as a resident; removing a
   30         requirement that limits recognition of concealed
   31         firearm licenses to those states that honor Florida
   32         concealed weapon or concealed firearm licenses;
   33         amending s. 790.052, F.S.; conforming provisions to
   34         changes made by the act; amending s. 790.053, F.S.;
   35         specifying that it is not a violation of specified
   36         provisions for persons authorized to carry a concealed
   37         weapon or concealed firearm without a license to
   38         briefly and openly display a firearm under specified
   39         circumstances; amending s. 790.06, F.S.; defining the
   40         term “concealed weapon or concealed firearm”; removing
   41         a requirement that a person who is licensed to carry a
   42         concealed weapon or concealed firearm must carry such
   43         license while he or she is in actual possession of a
   44         concealed weapon or concealed firearm; revising
   45         legislative findings; making technical changes;
   46         amending s. 790.0655, F.S.; making technical changes;
   47         amending s. 790.115, F.S.; providing that a person who
   48         is authorized to carry a concealed weapon or concealed
   49         firearm without a license is subject to specified
   50         penalties for possessing such weapon or firearm at a
   51         school-sponsored event or on school property;
   52         conforming provisions to changes made by the act;
   53         revising applicability; repealing s. 790.145, F.S.,
   54         relating to the possession of firearms or destructive
   55         devices within the premises of pharmacies; amending s.
   56         790.25, F.S.; providing that a person who is
   57         authorized to carry a concealed weapon or concealed
   58         firearm may carry such weapon or firearm on his or her
   59         person in a private conveyance under certain
   60         circumstances; conforming provisions to changes made
   61         by the act; making technical changes; amending s.
   62         790.251, F.S.; revising the definition of the term
   63         “employee” to include any person who is authorized to
   64         carry a concealed weapon or concealed firearm;
   65         prohibiting an employer from conditioning employment
   66         upon the fact that an employee or a prospective
   67         employee is authorized to carry a concealed weapon or
   68         concealed firearm; amending s. 790.31, F.S.; removing
   69         the definition of the term “handgun”; creating s.
   70         943.6873, F.S.; requiring each law enforcement agency
   71         in this state to create and maintain an active
   72         assailant response policy by a specified date;
   73         providing requirements for the policy; amending s.
   74         1001.212, F.S.; requiring the Office of Safe Schools
   75         to develop a behavioral threat management operational
   76         process by a specified date; providing requirements
   77         for the process; revising provisions requiring the
   78         office to develop a Florida-specific behavioral threat
   79         assessment instrument by a specified date; revising
   80         requirements for the instrument; requiring the office
   81         to develop, host, maintain, and administer a threat
   82         management portal by a specified date; providing
   83         requirements for the threat management portal;
   84         providing a noncriminal penalty for an individual
   85         using the threat management portal for an unauthorized
   86         purpose; deleting provisions providing for the
   87         Statewide Threat Assessment Database Workgroup;
   88         authorizing the State Board of Education to adopt
   89         emergency rules; amending s. 1002.42, F.S.;
   90         authorizing a private school to partner with a law
   91         enforcement agency or security agency for specified
   92         purposes; requiring a private school that establishes
   93         a safe-school officer to comply with specified
   94         provisions of law; providing that the private school
   95         is responsible for certain implementation costs;
   96         amending s. 1003.25, F.S.; revising information
   97         included in verified reports of serious or recurrent
   98         behavior patterns; amending s. 1006.07, F.S.;
   99         redesignating threat assessment teams as threat
  100         management teams; requiring a charter school governing
  101         board to establish a threat management team; providing
  102         requirements for a threat management team; requiring
  103         the threat management team to prepare a specified
  104         report; authorizing the state board to adopt emergency
  105         rules; providing legislative findings; creating s.
  106         1006.121, F.S.; requiring the Department of Education
  107         to establish the Florida Safe Schools Canine Program;
  108         requiring the Office of Safe Schools to consult with
  109         specified entities; defining the term “firearm
  110         detection canine”; providing requirements for the
  111         program; requiring the State Board of Education to
  112         adopt rules; amending s. 1006.13, F.S.; conforming
  113         provisions to changes made by the act; providing
  114         reporting requirements for certain school safety
  115         incidents; amending ss. 790.1612, 810.095, 921.0022,
  116         921.0024, 943.051, 943.0585, 943.059, 985.11, and
  117         1002.33 F.S.; conforming provisions to changes made by
  118         the act; providing appropriations; providing effective
  119         dates.
  120          
  121  Be It Enacted by the Legislature of the State of Florida:
  122  
  123         Section 1. Subsections (1) and (4) of section 27.53,
  124  Florida Statutes, are amended to read:
  125         27.53 Appointment of assistants and other staff; method of
  126  payment.—
  127         (1) The public defender of each judicial circuit is
  128  authorized to employ and establish, in such numbers as
  129  authorized by the General Appropriations Act, assistant public
  130  defenders and other staff and personnel pursuant to s. 29.006,
  131  who shall be paid from funds appropriated for that purpose.
  132  Notwithstanding ss. 790.01 and 790.02, the provisions of s.
  133  790.01, s. 790.02, or s. 790.25(2)(a), an investigator employed
  134  by a public defender, while actually carrying out official
  135  duties, is authorized to carry concealed weapons if the
  136  investigator complies with s. 790.25(2)(o) s. 790.25(3)(o).
  137  However, such investigators are not eligible for membership in
  138  the Special Risk Class of the Florida Retirement System. The
  139  public defenders of all judicial circuits shall jointly develop
  140  a coordinated classification and pay plan which shall be
  141  submitted on or before January 1 of each year to the Justice
  142  Administrative Commission, the office of the President of the
  143  Senate, and the office of the Speaker of the House of
  144  Representatives. Such plan shall be developed in accordance with
  145  policies and procedures of the Executive Office of the Governor
  146  established in s. 216.181. Each assistant public defender
  147  appointed by a public defender under this section shall serve at
  148  the pleasure of the public defender. Each investigator employed
  149  by a public defender shall have full authority to serve any
  150  witness subpoena or court order issued, by any court or judge
  151  within the judicial circuit served by such public defender, in a
  152  criminal case in which such public defender has been appointed
  153  to represent the accused.
  154         (4) The five criminal conflict and civil regional counsels
  155  may employ and establish, in the numbers authorized by the
  156  General Appropriations Act, assistant regional counsels and
  157  other staff and personnel in each judicial district pursuant to
  158  s. 29.006, who shall be paid from funds appropriated for that
  159  purpose. Notwithstanding ss. 790.01 and 790.02, s. 790.01, s.
  160  790.02, or s. 790.25(2)(a), an investigator employed by an
  161  office of criminal conflict and civil regional counsel, while
  162  actually carrying out official duties, is authorized to carry
  163  concealed weapons if the investigator complies with s.
  164  790.25(2)(o) s. 790.25(3)(o). However, such investigators are
  165  not eligible for membership in the Special Risk Class of the
  166  Florida Retirement System. The five regional counsels shall
  167  jointly develop a coordinated classification and pay plan for
  168  submission to the Justice Administrative Commission, the
  169  President of the Senate, and the Speaker of the House of
  170  Representatives by January 1 of each year. The plan must be
  171  developed in accordance with policies and procedures of the
  172  Executive Office of the Governor established in s. 216.181. Each
  173  assistant regional counsel appointed by the regional counsel
  174  under this section shall serve at the pleasure of the regional
  175  counsel. Each investigator employed by the regional counsel
  176  shall have full authority to serve any witness subpoena or court
  177  order issued by any court or judge in a criminal case in which
  178  the regional counsel has been appointed to represent the
  179  accused.
  180         Section 2. Paragraph (k) of subsection (1) of section
  181  30.15, Florida Statutes, is amended to read:
  182         30.15 Powers, duties, and obligations.—
  183         (1) Sheriffs, in their respective counties, in person or by
  184  deputy, shall:
  185         (k) Assist district school boards and charter school
  186  governing boards in complying with, or private schools in
  187  exercising options in, s. 1006.12. A sheriff must, at a minimum,
  188  provide access to a Coach Aaron Feis Guardian Program to aid in
  189  the prevention or abatement of active assailant incidents on
  190  school premises, as required under this paragraph. Persons
  191  certified as school guardians pursuant to this paragraph have no
  192  authority to act in any law enforcement capacity except to the
  193  extent necessary to prevent or abate an active assailant
  194  incident.
  195         1.a. If a local school board has voted by a majority to
  196  implement a guardian program, the sheriff in that county shall
  197  establish a guardian program to provide training, pursuant to
  198  subparagraph 2., to school district, or charter school, or
  199  private school employees, either directly or through a contract
  200  with another sheriff’s office that has established a guardian
  201  program.
  202         b. A charter school governing board in a school district
  203  that has not voted, or has declined, to implement a guardian
  204  program may request the sheriff in the county to establish a
  205  guardian program for the purpose of training the charter school
  206  employees. If the county sheriff denies the request, the charter
  207  school governing board may contract with a sheriff that has
  208  established a guardian program to provide such training. The
  209  charter school governing board must notify the superintendent
  210  and the sheriff in the charter school’s county of the contract
  211  prior to its execution.
  212         c. A private school in a school district that has not
  213  voted, or has declined, to implement a guardian program may
  214  request the sheriff in the county to establish a guardian
  215  program for the purpose of training the private school
  216  employees. If the county sheriff denies the request, the private
  217  school may contract with a sheriff from another county who has
  218  established a guardian program to provide such training. The
  219  private school must notify the sheriff in the private school’s
  220  county of the contract with a sheriff from another county before
  221  its execution. The private school is responsible for all
  222  training costs for a school guardian program. The sheriff
  223  providing such training must ensure that any monies paid by a
  224  private school are not commingled with any funds provided by the
  225  state to the sheriff as reimbursement for screening-related and
  226  training-related costs of any school district or charter school
  227  employee.
  228         d. The training program required in sub-subparagraph 2.b.
  229  is a standardized statewide curriculum, and each sheriff
  230  providing such training shall adhere to the course of
  231  instruction specified in that sub-subparagraph. This
  232  subparagraph does not prohibit a sheriff from providing
  233  additional training. A school guardian who has completed the
  234  training program required in sub-subparagraph 2.b. may not be
  235  required to attend another sheriff’s training program pursuant
  236  to that sub-subparagraph unless there has been at least a 1-year
  237  break in his or her employment as a guardian.
  238         e. The sheriff conducting the training pursuant to
  239  subparagraph 2. will be reimbursed for screening-related and
  240  training-related costs and for providing a one-time stipend of
  241  $500 to each school guardian who participates in the school
  242  guardian program.
  243         2. A sheriff who establishes a program shall consult with
  244  the Department of Law Enforcement on programmatic guiding
  245  principles, practices, and resources, and shall certify as
  246  school guardians, without the power of arrest, school employees,
  247  as specified in s. 1006.12(3), who:
  248         a. Hold a valid license issued under s. 790.06.
  249         b. Complete a 144-hour training program, consisting of 12
  250  hours of certified nationally recognized diversity training and
  251  132 total hours of comprehensive firearm safety and proficiency
  252  training conducted by Criminal Justice Standards and Training
  253  Commission-certified instructors, which must include:
  254         (I) Eighty hours of firearms instruction based on the
  255  Criminal Justice Standards and Training Commission’s Law
  256  Enforcement Academy training model, which must include at least
  257  10 percent but no more than 20 percent more rounds fired than
  258  associated with academy training. Program participants must
  259  achieve an 85 percent pass rate on the firearms training.
  260         (II) Sixteen hours of instruction in precision pistol.
  261         (III) Eight hours of discretionary shooting instruction
  262  using state-of-the-art simulator exercises.
  263         (IV) Sixteen Eight hours of instruction in active shooter
  264  or assailant scenarios.
  265         (V) Eight hours of instruction in defensive tactics.
  266         (VI) Four Twelve hours of instruction in legal issues.
  267         c. Pass a psychological evaluation administered by a
  268  psychologist licensed under chapter 490 and designated by the
  269  Department of Law Enforcement and submit the results of the
  270  evaluation to the sheriff’s office. The Department of Law
  271  Enforcement is authorized to provide the sheriff’s office with
  272  mental health and substance abuse data for compliance with this
  273  paragraph.
  274         d. Submit to and pass an initial drug test and subsequent
  275  random drug tests in accordance with the requirements of s.
  276  112.0455 and the sheriff’s office.
  277         e. Successfully complete ongoing training, weapon
  278  inspection, and firearm qualification on at least an annual
  279  basis.
  280  
  281  The sheriff who conducts the guardian training shall issue a
  282  school guardian certificate to individuals who meet the
  283  requirements of this section to the satisfaction of the sheriff,
  284  and shall maintain documentation of weapon and equipment
  285  inspections, as well as the training, certification, inspection,
  286  and qualification records of each school guardian certified by
  287  the sheriff. An individual who is certified under this paragraph
  288  may serve as a school guardian under s. 1006.12(3) only if he or
  289  she is appointed by the applicable school district
  290  superintendent, or charter school principal, or private school
  291  head of school.
  292         Section 3. Paragraph (b) of subsection (9) of section
  293  768.28, Florida Statutes, is amended to read:
  294         768.28 Waiver of sovereign immunity in tort actions;
  295  recovery limits; civil liability for damages caused during a
  296  riot; limitation on attorney fees; statute of limitations;
  297  exclusions; indemnification; risk management programs.—
  298         (9)
  299         (b) As used in this subsection, the term:
  300         1. “Employee” includes any volunteer firefighter.
  301         2. “Officer, employee, or agent” includes, but is not
  302  limited to, any health care provider when providing services
  303  pursuant to s. 766.1115; any nonprofit independent college or
  304  university located and chartered in this state which owns or
  305  operates an accredited medical school, and its employees or
  306  agents, when providing patient services pursuant to paragraph
  307  (10)(f); any public defender or her or his employee or agent,
  308  including an assistant public defender or an investigator; and
  309  any member of a Child Protection Team, as defined in s. 39.01,
  310  or any member of a threat management team, as described in s.
  311  1006.07(7) s. 39.01(13), when carrying out her or his duties as
  312  a team member under the control, direction, and supervision of
  313  the state or any of its agencies or subdivisions.
  314         Section 4. Section 790.001, Florida Statutes, is amended to
  315  read:
  316         790.001 Definitions.—As used in this chapter, except where
  317  the context otherwise requires:
  318         (2)(1) “Antique firearm” means any firearm manufactured in
  319  or before 1918 (including any matchlock, flintlock, percussion
  320  cap, or similar early type of ignition system) or replica
  321  thereof, whether actually manufactured before or after the year
  322  1918, and also any firearm using fixed ammunition manufactured
  323  in or before 1918, for which ammunition is no longer
  324  manufactured in the United States and is not readily available
  325  in the ordinary channels of commercial trade.
  326         (3)(2) “Concealed firearm” means any firearm, as defined in
  327  subsection (9) (6), which is carried on or about a person in
  328  such a manner as to conceal the firearm from the ordinary sight
  329  of another person.
  330         (4)(3)(a) “Concealed weapon” means any dirk, metallic
  331  knuckles, billie, tear gas gun, chemical weapon or device, or
  332  other deadly weapon carried on or about a person in such a
  333  manner as to conceal the weapon from the ordinary sight of
  334  another person.
  335         (b) “Tear gas gun” or “chemical weapon or device” means any
  336  weapon of such nature, except a device known as a “self-defense
  337  chemical spray.” “Self-defense chemical spray” means a device
  338  carried solely for purposes of lawful self-defense that is
  339  compact in size, designed to be carried on or about the person,
  340  and contains not more than two ounces of chemical.
  341         (6)(4) “Destructive device” means any bomb, grenade, mine,
  342  rocket, missile, pipebomb, or similar device containing an
  343  explosive, incendiary, or poison gas and includes any frangible
  344  container filled with an explosive, incendiary, explosive gas,
  345  or expanding gas, which is designed or so constructed as to
  346  explode by such filler and is capable of causing bodily harm or
  347  property damage; any combination of parts either designed or
  348  intended for use in converting any device into a destructive
  349  device and from which a destructive device may be readily
  350  assembled; any device declared a destructive device by the
  351  Bureau of Alcohol, Tobacco, and Firearms; any type of weapon
  352  which will, is designed to, or may readily be converted to expel
  353  a projectile by the action of any explosive and which has a
  354  barrel with a bore of one-half inch or more in diameter; and
  355  ammunition for such destructive devices, but not including
  356  shotgun shells or any other ammunition designed for use in a
  357  firearm other than a destructive device. “Destructive device”
  358  does not include:
  359         (a) A device which is not designed, redesigned, used, or
  360  intended for use as a weapon;
  361         (b) Any device, although originally designed as a weapon,
  362  which is redesigned so that it may be used solely as a
  363  signaling, line-throwing, safety, or similar device;
  364         (c) Any shotgun other than a short-barreled shotgun; or
  365         (d) Any nonautomatic rifle (other than a short-barreled
  366  rifle) generally recognized or particularly suitable for use for
  367  the hunting of big game.
  368         (8)(5) “Explosive” means any chemical compound or mixture
  369  that has the property of yielding readily to combustion or
  370  oxidation upon application of heat, flame, or shock, including
  371  but not limited to dynamite, nitroglycerin, trinitrotoluene, or
  372  ammonium nitrate when combined with other ingredients to form an
  373  explosive mixture, blasting caps, and detonators; but not
  374  including:
  375         (a) Shotgun shells, cartridges, or ammunition for firearms;
  376         (b) Fireworks as defined in s. 791.01;
  377         (c) Smokeless propellant powder or small arms ammunition
  378  primers, if possessed, purchased, sold, transported, or used in
  379  compliance with s. 552.241;
  380         (d) Black powder in quantities not to exceed that
  381  authorized by chapter 552, or by any rules adopted thereunder by
  382  the Department of Financial Services, when used for, or intended
  383  to be used for, the manufacture of target and sporting
  384  ammunition or for use in muzzle-loading flint or percussion
  385  weapons.
  386  
  387  The exclusions contained in paragraphs (a)-(d) do not apply to
  388  the term “explosive” as used in the definition of “firearm” in
  389  subsection (9) (6).
  390         (9)(6) “Firearm” means any weapon (including a starter gun)
  391  which will, is designed to, or may readily be converted to expel
  392  a projectile by the action of an explosive; the frame or
  393  receiver of any such weapon; any firearm muffler or firearm
  394  silencer; any destructive device; or any machine gun. The term
  395  “firearm” does not include an antique firearm unless the antique
  396  firearm is used in the commission of a crime.
  397         (11)(7) “Indictment” means an indictment or an information
  398  in any court under which a crime punishable by imprisonment for
  399  a term exceeding 1 year may be prosecuted.
  400         (12)(8) “Law enforcement officer” means:
  401         (a) All officers or employees of the United States or the
  402  State of Florida, or any agency, commission, department, board,
  403  division, municipality, or subdivision thereof, who have
  404  authority to make arrests;
  405         (b) Officers or employees of the United States or the State
  406  of Florida, or any agency, commission, department, board,
  407  division, municipality, or subdivision thereof, duly authorized
  408  to carry a concealed weapon;
  409         (c) Members of the Armed Forces of the United States, the
  410  organized reserves, state militia, or Florida National Guard,
  411  when on duty, when preparing themselves for, or going to or
  412  from, military duty, or under orders;
  413         (d) An employee of the state prisons or correctional
  414  systems who has been so designated by the Department of
  415  Corrections or by a warden of an institution;
  416         (e) All peace officers;
  417         (f) All state attorneys and United States attorneys and
  418  their respective assistants and investigators.
  419         (13)(9) “Machine gun” means any firearm, as defined herein,
  420  which shoots, or is designed to shoot, automatically more than
  421  one shot, without manually reloading, by a single function of
  422  the trigger.
  423         (10) “Handgun” means a firearm capable of being carried and
  424  used by one hand, such as a pistol or revolver.
  425         (17)(10) “Short-barreled shotgun” means a shotgun having
  426  one or more barrels less than 18 inches in length and any weapon
  427  made from a shotgun (whether by alteration, modification, or
  428  otherwise) if such weapon as modified has an overall length of
  429  less than 26 inches.
  430         (16)(11) “Short-barreled rifle” means a rifle having one or
  431  more barrels less than 16 inches in length and any weapon made
  432  from a rifle (whether by alteration, modification, or otherwise)
  433  if such weapon as modified has an overall length of less than 26
  434  inches.
  435         (18)(12) “Slungshot” means a small mass of metal, stone,
  436  sand, or similar material fixed on a flexible handle, strap, or
  437  the like, used as a weapon.
  438         (20)(13) “Weapon” means any dirk, knife, metallic knuckles,
  439  slungshot, billie, tear gas gun, chemical weapon or device, or
  440  other deadly weapon except a firearm or a common pocketknife,
  441  plastic knife, or blunt-bladed table knife.
  442         (7)(14) “Electric weapon or device” means any device which,
  443  through the application or use of electrical current, is
  444  designed, redesigned, used, or intended to be used for offensive
  445  or defensive purposes, the destruction of life, or the
  446  infliction of injury.
  447         (5)(15) “Dart-firing stun gun” means any device having one
  448  or more darts that are capable of delivering an electrical
  449  current.
  450         (14)(16) “Readily accessible for immediate use” means that
  451  a firearm or other weapon is carried on the person or within
  452  such close proximity and in such a manner that it can be
  453  retrieved and used as easily and quickly as if carried on the
  454  person.
  455         (15)(17) “Securely encased” means in a glove compartment,
  456  whether or not locked; snapped in a holster; in a gun case,
  457  whether or not locked; in a zippered gun case; or in a closed
  458  box or container which requires a lid or cover to be opened for
  459  access.
  460         (19)(18) “Sterile area” means the area of an airport to
  461  which access is controlled by the inspection of persons and
  462  property in accordance with federally approved airport security
  463  programs.
  464         (1)(19) “Ammunition” means an object consisting of all of
  465  the following:
  466         (a) A fixed metallic or nonmetallic hull or casing
  467  containing a primer.
  468         (b) One or more projectiles, one or more bullets, or shot.
  469         (c) Gunpowder.
  470  
  471  All of the specified components must be present for an object to
  472  be ammunition.
  473         Section 5. Section 790.01, Florida Statutes, is amended to
  474  read:
  475         790.01 Unlicensed Carrying of concealed weapons or
  476  concealed firearms.—
  477         (1) A person is authorized to carry a concealed weapon or
  478  concealed firearm, as that term is defined in s. 790.06(1), if
  479  he or she:
  480         (a) Is licensed under s. 790.06; or
  481         (b) Is not licensed under s. 790.06, but otherwise
  482  satisfies the criteria for receiving and maintaining such a
  483  license under s. 790.06(2)(a)–(f) and (i)–(n), (3), and (10).
  484         (2)(1) Except as provided in subsection (4) (3), a person
  485  who does not meet the criteria in subsection (1) is not licensed
  486  under s. 790.06 and who carries a concealed weapon or electric
  487  weapon or device, as those terms are defined in s. 790.001, on
  488  or about his or her person commits a misdemeanor of the first
  489  degree, punishable as provided in s. 775.082 or s. 775.083.
  490         (3)(2) Except as provided in subsection (4) (3), a person
  491  who does not meet the criteria in subsection (1) is not licensed
  492  under s. 790.06 and who carries a concealed firearm, as that
  493  term is defined in s. 790.001, on or about his or her person
  494  commits a felony of the third degree, punishable as provided in
  495  s. 775.082, s. 775.083, or s. 775.084.
  496         (4)(3) A person does not violate this section if he or she
  497  This section does not apply to:
  498         (a) Is lawfully in possession of A person who carries a
  499  concealed weapon or a concealed firearm, as those terms are
  500  defined in s. 790.001, or a person who may lawfully possess a
  501  firearm and who carries such a concealed weapon or concealed
  502  firearm, on or about his or her person while in the act of
  503  evacuating during a mandatory evacuation order issued during a
  504  state of emergency declared by the Governor pursuant to chapter
  505  252 or declared by a local authority pursuant to chapter 870. As
  506  used in this subsection, the term “in the act of evacuating”
  507  means the immediate and urgent movement of a person away from
  508  the evacuation zone within 48 hours after a mandatory evacuation
  509  is ordered. The 48 hours may be extended by an order issued by
  510  the Governor.
  511         (b) A person who Carries for purposes of lawful self
  512  defense, in a concealed manner:
  513         1. A self-defense chemical spray.
  514         2. A nonlethal stun gun or dart-firing stun gun or other
  515  nonlethal electric weapon or device that is designed solely for
  516  defensive purposes.
  517         (5)(4) This section does not preclude any prosecution for
  518  the use of an electric weapon or device, a dart-firing stun gun,
  519  or a self-defense chemical spray during the commission of any
  520  criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
  521  790.235, or for any other criminal offense.
  522         Section 6. Section 790.013, Florida Statutes, is created to
  523  read:
  524         790.013 Carrying of concealed weapons or concealed firearms
  525  without a license.—A person who carries a concealed weapon or
  526  concealed firearm without a license as authorized under s.
  527  790.01(1)(b):
  528         (1)(a) Must carry valid identification at all times when he
  529  or she is in actual possession of a concealed weapon or
  530  concealed firearm and must display such identification upon
  531  demand by a law enforcement officer.
  532         (b) A violation of this subsection is a noncriminal
  533  violation punishable by a $25 fine.
  534         (2) Is subject to s. 790.06(12) in the same manner as a
  535  person who is licensed to carry a concealed weapon or concealed
  536  firearm.
  537         Section 7. Section 790.015, Florida Statutes, is amended to
  538  read:
  539         790.015 Nonresidents who are United States citizens and
  540  hold a concealed weapons license in another state; reciprocity.—
  541         (1) Notwithstanding s. 790.01, A nonresident of Florida may
  542  carry a concealed weapon or concealed firearm, as that term is
  543  defined in s. 790.06(1), while in this state if the nonresident
  544  is a resident of the United States who is 21 years of age or
  545  older and he or she:
  546         (a) Satisfies the criteria for receiving and maintaining a
  547  license to carry a concealed weapon or concealed firearm under
  548  s. 790.06(2)(a)–(f) and (i)–(n), (3), and (10); or
  549         (a) Is 21 years of age or older.
  550         (b) Has in his or her immediate possession a valid license
  551  to carry a concealed weapon or concealed firearm issued to the
  552  nonresident in his or her state of residence.
  553         (c) Is a resident of the United States.
  554         (2) A nonresident is subject to the same laws and
  555  restrictions with respect to carrying a concealed weapon or
  556  concealed firearm as a resident of Florida who is so licensed.
  557         (3) If the resident of another state who is the holder of a
  558  valid license to carry a concealed weapon or concealed firearm
  559  issued in another state establishes legal residence in this
  560  state by:
  561         (a) Registering to vote;
  562         (b) Making a statement of domicile pursuant to s. 222.17;
  563  or
  564         (c) Filing for homestead tax exemption on property in this
  565  state,
  566  
  567  the license shall be recognized as valid remain in effect for 90
  568  days following the date on which the holder of the license
  569  establishes legal state residence.
  570         (4) This section applies only to nonresident concealed
  571  weapon or concealed firearm licenseholders from states that
  572  honor Florida concealed weapon or concealed firearm licenses.
  573         (4)(5) The requirement in subsection (1) that a nonresident
  574  be 21 years of age or older to carry a concealed weapon or
  575  concealed firearm of paragraph (1)(a) does not apply to a person
  576  who:
  577         (a) Is a servicemember, as defined in s. 250.01; or
  578         (b) Is a veteran of the United States Armed Forces who was
  579  discharged under honorable conditions.
  580         Section 8. Paragraph (d) of subsection (1) of section
  581  790.052, Florida Statutes, is amended to read:
  582         790.052 Carrying concealed firearms; off-duty law
  583  enforcement officers.—
  584         (1)
  585         (d) This section does not limit the right of a law
  586  enforcement officer, correctional officer, or correctional
  587  probation officer to carry a concealed firearm off duty as a
  588  private citizen under the exemption provided in s. 790.06 that
  589  allows a law enforcement officer, correctional officer, or
  590  correctional probation officer as defined in s. 943.10(1), (2),
  591  (3), (6), (7), (8), or (9) to carry a concealed firearm without
  592  a concealed weapon or concealed firearm license or as otherwise
  593  provided by law. The appointing or employing agency or
  594  department of an officer carrying a concealed firearm as a
  595  private citizen is under s. 790.06 shall not be liable for the
  596  use of the firearm in such capacity. This section does not limit
  597  Nothing herein limits the authority of the appointing or
  598  employing agency or department from establishing policies
  599  limiting law enforcement officers or correctional officers from
  600  carrying concealed firearms during off-duty hours in their
  601  capacity as appointees or employees of the agency or department.
  602         Section 9. Subsection (1) of section 790.053, Florida
  603  Statutes, is amended to read:
  604         790.053 Open carrying of weapons.—
  605         (1) Except as otherwise provided by law and in subsection
  606  (2), it is unlawful for any person to openly carry on or about
  607  his or her person any firearm or electric weapon or device. It
  608  is not a violation of this section for a person who carries
  609  licensed to carry a concealed firearm as authorized provided in
  610  s. 790.01(1) s. 790.06(1), and who is lawfully carrying a
  611  firearm in a concealed manner, to briefly and openly display the
  612  firearm to the ordinary sight of another person, unless the
  613  firearm is intentionally displayed in an angry or threatening
  614  manner, not in necessary self-defense.
  615         Section 10. Subsection (1), paragraphs (g) and (h) of
  616  subsection (2), paragraph (e) of subsection (4), paragraph (b)
  617  of subsection (5), paragraph (f) of subsection (6), and
  618  subsections (9), (10), (12), (13), and (16) of section 790.06,
  619  Florida Statutes, are amended to read:
  620         790.06 License to carry concealed weapon or firearm.—
  621         (1)(a) For the purposes of this section, the term
  622  “concealed weapon or concealed firearm” means a handgun,
  623  electronic weapon or device, tear gas gun, knife, or billie, but
  624  does not include a machine gun as that term is defined in s.
  625  790.001.
  626         (b) The Department of Agriculture and Consumer Services is
  627  authorized to issue licenses to carry concealed weapons or
  628  concealed firearms to persons qualified as provided in this
  629  section. Each such license must bear a color photograph of the
  630  licensee. For the purposes of this section, concealed weapons or
  631  concealed firearms are defined as a handgun, electronic weapon
  632  or device, tear gas gun, knife, or billie, but the term does not
  633  include a machine gun as defined in s. 790.001(9).
  634         (c) Such Licenses are shall be valid throughout the state
  635  for a period of 7 years after from the date of issuance. A
  636  licensee must carry Any person in compliance with the terms of
  637  such license may carry a concealed weapon or concealed firearm
  638  notwithstanding the provisions of s. 790.01. The licensee must
  639  carry the license, together with valid identification, at all
  640  times in which the licensee is in actual possession of a
  641  concealed weapon or concealed firearm and must display such both
  642  the license and proper identification upon demand by a law
  643  enforcement officer. Violations of the provisions of this
  644  subsection shall constitute a noncriminal violation with a
  645  penalty of $25, payable to the clerk of the court.
  646         (2) The Department of Agriculture and Consumer Services
  647  shall issue a license if the applicant:
  648         (g) Desires a legal means to carry a concealed weapon or
  649  concealed firearm for lawful self-defense;
  650         (h) Demonstrates competence with a firearm by any one of
  651  the following:
  652         1. Completion of any hunter education or hunter safety
  653  course approved by the Fish and Wildlife Conservation Commission
  654  or a similar agency of another state;
  655         2. Completion of any National Rifle Association firearms
  656  safety or training course;
  657         3. Completion of any firearms safety or training course or
  658  class available to the general public offered by a law
  659  enforcement agency, junior college, college, or private or
  660  public institution or organization or firearms training school,
  661  using instructors certified by the National Rifle Association,
  662  Criminal Justice Standards and Training Commission, or the
  663  Department of Agriculture and Consumer Services;
  664         4. Completion of any law enforcement firearms safety or
  665  training course or class offered for security guards,
  666  investigators, special deputies, or any division or subdivision
  667  of a law enforcement agency or security enforcement;
  668         5. Presents evidence of equivalent experience with a
  669  firearm through participation in organized shooting competition
  670  or military service;
  671         6. Is licensed or has been licensed to carry a concealed
  672  weapon or concealed firearm in this state or a county or
  673  municipality of this state, unless such license has been revoked
  674  for cause; or
  675         7. Completion of any firearms training or safety course or
  676  class conducted by a state-certified or National Rifle
  677  Association certified firearms instructor;
  678  
  679  A photocopy of a certificate of completion of any of the courses
  680  or classes; an affidavit from the instructor, school, club,
  681  organization, or group that conducted or taught such course or
  682  class attesting to the completion of the course or class by the
  683  applicant; or a copy of any document that shows completion of
  684  the course or class or evidences participation in firearms
  685  competition shall constitute evidence of qualification under
  686  this paragraph. A person who conducts a course pursuant to
  687  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
  688  an instructor, attests to the completion of such courses, must
  689  maintain records certifying that he or she observed the student
  690  safely handle and discharge the firearm in his or her physical
  691  presence and that the discharge of the firearm included live
  692  fire using a firearm and ammunition as defined in s. 790.001;
  693         (4) The application shall be completed, under oath, on a
  694  form adopted by the Department of Agriculture and Consumer
  695  Services and shall include:
  696         (e) A statement that the applicant desires a concealed
  697  weapon or concealed firearms license as a means of lawful self
  698  defense; and
  699         (5) The applicant shall submit to the Department of
  700  Agriculture and Consumer Services or an approved tax collector
  701  pursuant to s. 790.0625:
  702         (b) A nonrefundable license fee of up to $55 if he or she
  703  has not previously been issued a statewide license or of up to
  704  $45 for renewal of a statewide license. The cost of processing
  705  fingerprints as required in paragraph (c) shall be borne by the
  706  applicant. However, an individual holding an active
  707  certification from the Criminal Justice Standards and Training
  708  Commission as a law enforcement officer, correctional officer,
  709  or correctional probation officer as defined in s. 943.10(1),
  710  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
  711  requirements of this section. If such individual wishes to
  712  receive a concealed weapon or concealed firearm license, he or
  713  she is exempt from the background investigation and all
  714  background investigation fees but must pay the current license
  715  fees regularly required to be paid by nonexempt applicants.
  716  Further, a law enforcement officer, a correctional officer, or a
  717  correctional probation officer as defined in s. 943.10(1), (2),
  718  or (3) is exempt from the required fees and background
  719  investigation for 1 year after his or her retirement.
  720         (6)
  721         (f) The Department of Agriculture and Consumer Services
  722  shall, upon receipt of a completed application and the
  723  identifying information required under paragraph (5)(f),
  724  expedite the processing of a servicemember’s or a veteran’s
  725  concealed weapon or concealed firearm license application.
  726         (9) In the event that a concealed weapon or concealed
  727  firearm license is lost or destroyed, the license shall be
  728  automatically invalid, and the person to whom the same was
  729  issued may, upon payment of $15 to the Department of Agriculture
  730  and Consumer Services, obtain a duplicate, or substitute
  731  thereof, upon furnishing a notarized statement to the Department
  732  of Agriculture and Consumer Services that such license has been
  733  lost or destroyed.
  734         (10) A license issued under this section shall be suspended
  735  or revoked pursuant to chapter 120 if the licensee:
  736         (a) Is found to be ineligible under the criteria set forth
  737  in subsection (2);
  738         (b) Develops or sustains a physical infirmity which
  739  prevents the safe handling of a weapon or firearm;
  740         (c) Is convicted of a felony which would make the licensee
  741  ineligible to possess a firearm pursuant to s. 790.23;
  742         (d) Is found guilty of a crime under the provisions of
  743  chapter 893, or similar laws of any other state, relating to
  744  controlled substances;
  745         (e) Is committed as a substance abuser under chapter 397,
  746  or is deemed a habitual offender under s. 856.011(3), or similar
  747  laws of any other state;
  748         (f) Is convicted of a second violation of s. 316.193, or a
  749  similar law of another state, within 3 years after a first
  750  conviction of such section or similar law of another state, even
  751  though the first violation may have occurred before the date on
  752  which the application was submitted;
  753         (g) Is adjudicated an incapacitated person under s.
  754  744.331, or similar laws of any other state; or
  755         (h) Is committed to a mental institution under chapter 394,
  756  or similar laws of any other state.
  757  
  758  Notwithstanding s. 120.60(5), service of a notice of the
  759  suspension or revocation of a concealed weapon or concealed
  760  firearm license must be given by either certified mail, return
  761  receipt requested, to the licensee at his or her last known
  762  mailing address furnished to the Department of Agriculture and
  763  Consumer Services, or by personal service. If a notice given by
  764  certified mail is returned as undeliverable, a second attempt
  765  must be made to provide notice to the licensee at that address,
  766  by either first-class mail in an envelope, postage prepaid,
  767  addressed to the licensee at his or her last known mailing
  768  address furnished to the department, or, if the licensee has
  769  provided an e-mail address to the department, by e-mail. Such
  770  mailing by the department constitutes notice, and any failure by
  771  the licensee to receive such notice does not stay the effective
  772  date or term of the suspension or revocation. A request for
  773  hearing must be filed with the department within 21 days after
  774  notice is received by personal delivery, or within 26 days after
  775  the date the department deposits the notice in the United States
  776  mail (21 days plus 5 days for mailing). The department shall
  777  document its attempts to provide notice, and such documentation
  778  is admissible in the courts of this state and constitutes
  779  sufficient proof that notice was given.
  780         (12)(a) A license issued under this section does not
  781  authorize any person to openly carry a handgun or carry a
  782  concealed weapon or concealed firearm into:
  783         1. Any place of nuisance as defined in s. 823.05;
  784         2. Any police, sheriff, or highway patrol station;
  785         3. Any detention facility, prison, or jail;
  786         4. Any courthouse;
  787         5. Any courtroom, except that nothing in this section
  788  precludes would preclude a judge from carrying a concealed
  789  weapon or determining who will carry a concealed weapon in his
  790  or her courtroom;
  791         6. Any polling place;
  792         7. Any meeting of the governing body of a county, public
  793  school district, municipality, or special district;
  794         8. Any meeting of the Legislature or a committee thereof;
  795         9. Any school, college, or professional athletic event not
  796  related to firearms;
  797         10. Any elementary or secondary school facility or
  798  administration building;
  799         11. Any career center;
  800         12. Any portion of an establishment licensed to dispense
  801  alcoholic beverages for consumption on the premises, which
  802  portion of the establishment is primarily devoted to such
  803  purpose;
  804         13. Any college or university facility unless the licensee
  805  is a registered student, employee, or faculty member of such
  806  college or university and the weapon is a stun gun or nonlethal
  807  electric weapon or device designed solely for defensive purposes
  808  and the weapon does not fire a dart or projectile;
  809         14. The inside of the passenger terminal and sterile area
  810  of any airport, provided that no person shall be prohibited from
  811  carrying any legal firearm into the terminal, which firearm is
  812  encased for shipment for purposes of checking such firearm as
  813  baggage to be lawfully transported on any aircraft; or
  814         15. Any place where the carrying of firearms is prohibited
  815  by federal law.
  816         (b) A person licensed under this section is shall not be
  817  prohibited from carrying or storing a firearm in a vehicle for
  818  lawful purposes.
  819         (c) This section does not modify the terms or conditions of
  820  s. 790.251(7).
  821         (d) Any person who knowingly and willfully violates any
  822  provision of this subsection commits a misdemeanor of the second
  823  degree, punishable as provided in s. 775.082 or s. 775.083.
  824         (13) Notwithstanding any other law, for the purposes of
  825  safety, security, personal protection, or any other lawful
  826  purpose, a person licensed under this section may carry a
  827  concealed weapon or concealed firearm on property owned, rented,
  828  leased, borrowed, or lawfully used by a church, synagogue, or
  829  other religious institution. This subsection does not limit the
  830  private property rights of a church, synagogue, or other
  831  religious institution to exercise control over property that the
  832  church, synagogue, or other religious institution owns, rents,
  833  leases, borrows, or lawfully uses.
  834         (16) The Legislature finds as a matter of public policy and
  835  fact that it is necessary to provide statewide uniform standards
  836  for issuing licenses to carry concealed weapons and concealed
  837  firearms for self-defense and finds it necessary to occupy the
  838  field of regulation of the bearing of concealed weapons or
  839  concealed firearms for self-defense to ensure that no honest,
  840  law-abiding person who qualifies under the provisions of this
  841  section is subjectively or arbitrarily denied his or her rights.
  842  The Department of Agriculture and Consumer Services shall
  843  implement and administer the provisions of this section. The
  844  Legislature does not delegate to the Department of Agriculture
  845  and Consumer Services the authority to regulate or restrict the
  846  issuing of licenses provided for in this section, beyond those
  847  provisions contained in this section. Subjective or arbitrary
  848  actions or rules which encumber the issuing process by placing
  849  burdens on the applicant beyond those sworn statements and
  850  specified documents detailed in this section or which create
  851  restrictions beyond those specified in this section are in
  852  conflict with the intent of this section and are prohibited.
  853  This section shall be liberally construed to carry out the
  854  constitutional right to bear arms for self-defense. This section
  855  is supplemental and additional to existing rights to bear arms,
  856  and nothing in this section shall impair or diminish such
  857  rights.
  858         Section 11. Paragraph (a) of subsection (2) of section
  859  790.0655, Florida Statutes, is amended to read:
  860         790.0655 Purchase and delivery of firearms; mandatory
  861  waiting period; exceptions; penalties.—
  862         (2) The waiting period does not apply in the following
  863  circumstances:
  864         (a) When a firearm is being purchased by a holder of a
  865  concealed weapons or concealed firearms license issued under
  866  permit as defined in s. 790.06.
  867         Section 12. Subsection (1) and paragraphs (a), (b), (c),
  868  and (e) of subsection (2) of section 790.115, Florida Statutes,
  869  are amended to read:
  870         790.115 Possessing or discharging weapons or firearms at a
  871  school-sponsored event or on school property prohibited;
  872  penalties; exceptions.—
  873         (1) A person who exhibits any sword, sword cane, firearm,
  874  electric weapon or device, destructive device, or other weapon
  875  as defined in s. 790.001 s. 790.001(13), including a razor
  876  blade, box cutter, or common pocketknife, except as authorized
  877  in support of school-sanctioned activities, in the presence of
  878  one or more persons in a rude, careless, angry, or threatening
  879  manner and not in lawful self-defense, at a school-sponsored
  880  event or on the grounds or facilities of any school, school bus,
  881  or school bus stop, or within 1,000 feet of the real property
  882  that comprises a public or private elementary school, middle
  883  school, or secondary school, during school hours or during the
  884  time of a sanctioned school activity, commits a felony of the
  885  third degree, punishable as provided in s. 775.082, s. 775.083,
  886  or s. 775.084. This subsection does not apply to the exhibition
  887  of a firearm or weapon on private real property within 1,000
  888  feet of a school by the owner of such property or by a person
  889  whose presence on such property has been authorized, licensed,
  890  or invited by the owner.
  891         (2)(a) A person shall not possess any firearm, electric
  892  weapon or device, destructive device, or other weapon as defined
  893  in s. 790.001 s. 790.001(13), including a razor blade or box
  894  cutter, except as authorized in support of school-sanctioned
  895  activities, at a school-sponsored event or on the property of
  896  any school, school bus, or school bus stop; however, a person
  897  may carry a firearm:
  898         1. In a case to a firearms program, class or function which
  899  has been approved in advance by the principal or chief
  900  administrative officer of the school as a program or class to
  901  which firearms could be carried;
  902         2. In a case to a career center having a firearms training
  903  range; or
  904         3. In a vehicle pursuant to s. 790.25(4) s. 790.25(5);
  905  except that school districts may adopt written and published
  906  policies that waive the exception in this subparagraph for
  907  purposes of student and campus parking privileges.
  908  
  909  For the purposes of this section, “school” means any preschool,
  910  elementary school, middle school, junior high school, secondary
  911  school, career center, or postsecondary school, whether public
  912  or nonpublic.
  913         (b) Except as provided in paragraph (e), a person who
  914  willfully and knowingly possesses any electric weapon or device,
  915  destructive device, or other weapon as defined in s. 790.001 s.
  916  790.001(13), including a razor blade or box cutter, except as
  917  authorized in support of school-sanctioned activities, in
  918  violation of this subsection commits a felony of the third
  919  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  920  775.084.
  921         (c)1. Except as provided in paragraph (e), a person who
  922  willfully and knowingly possesses any firearm in violation of
  923  this subsection commits a felony of the third degree, punishable
  924  as provided in s. 775.082, s. 775.083, or s. 775.084.
  925         2. A person who stores or leaves a loaded firearm within
  926  the reach or easy access of a minor who obtains the firearm and
  927  commits a violation of subparagraph 1. commits a misdemeanor of
  928  the second degree, punishable as provided in s. 775.082 or s.
  929  775.083; except that this does not apply if the firearm was
  930  stored or left in a securely locked box or container or in a
  931  location which a reasonable person would have believed to be
  932  secure, or was securely locked with a firearm-mounted push
  933  button combination lock or a trigger lock; if the minor obtains
  934  the firearm as a result of an unlawful entry by any person; or
  935  to members of the Armed Forces, National Guard, or State
  936  Militia, or to police or other law enforcement officers, with
  937  respect to firearm possession by a minor which occurs during or
  938  incidental to the performance of their official duties.
  939         (e) A person who is authorized to carry a concealed weapon
  940  or concealed firearm under s. 790.01(1) and who willfully and
  941  knowingly violates paragraph (b) or subparagraph (c)1. commits a
  942  misdemeanor of the second degree, punishable as provided in s.
  943  775.082 or s. 775.083 The penalties of this subsection shall not
  944  apply to persons licensed under s. 790.06. Persons licensed
  945  under s. 790.06 shall be punished as provided in s. 790.06(12),
  946  except that a licenseholder who unlawfully discharges a weapon
  947  or firearm on school property as prohibited by this subsection
  948  commits a felony of the second degree, punishable as provided in
  949  s. 775.082, s. 775.083, or s. 775.084.
  950         Section 13. Section 790.145, Florida Statutes, is repealed.
  951         Section 14. Subsection (2), subsection (3), and subsection
  952  (5) of section 790.25, Florida Statutes, are amended to read:
  953         790.25 Lawful ownership, possession, and use of firearms
  954  and other weapons.—
  955         (2) USES NOT AUTHORIZED.—
  956         (a) This section does not authorize carrying a concealed
  957  weapon without a permit, as prohibited by ss. 790.01 and 790.02.
  958         (b) The protections of this section do not apply to the
  959  following:
  960         1. A person who has been adjudged mentally incompetent, who
  961  is addicted to the use of narcotics or any similar drug, or who
  962  is a habitual or chronic alcoholic, or a person using weapons or
  963  firearms in violation of ss. 790.07-790.115, 790.145-790.19,
  964  790.22-790.24;
  965         2. Vagrants and other undesirable persons as defined in s.
  966  856.02;
  967         3. A person in or about a place of nuisance as defined in
  968  s. 823.05, unless such person is there for law enforcement or
  969  some other lawful purpose.
  970         (2)(3) LAWFUL USES.—Notwithstanding the provisions of ss.
  971  790.01, 790.053, and 790.06, do not apply in the following
  972  instances, and, despite such sections, it is lawful for the
  973  following persons may to own, possess, and lawfully use firearms
  974  and other weapons, ammunition, and supplies for lawful purposes
  975  if they are not otherwise prohibited from owning or possessing a
  976  firearm under state or federal law:
  977         (a) Members of the Militia, National Guard, Florida State
  978  Defense Force, Army, Navy, Air Force, Marine Corps, Space Force,
  979  Coast Guard, organized reserves, and other armed forces of the
  980  state and of the United States, when on duty, when training or
  981  preparing themselves for military duty, or while subject to
  982  recall or mobilization;
  983         (b) Citizens of this state subject to duty in the Armed
  984  Forces under s. 2, Art. X of the State Constitution, under
  985  chapters 250 and 251, and under federal laws, when on duty or
  986  when training or preparing themselves for military duty;
  987         (c) Persons carrying out or training for emergency
  988  management duties under chapter 252;
  989         (d) Sheriffs, marshals, prison or jail wardens, police
  990  officers, Florida highway patrol officers, game wardens, revenue
  991  officers, forest officials, special officers appointed under the
  992  provisions of chapter 354, and other peace and law enforcement
  993  officers and their deputies and assistants and full-time paid
  994  peace officers of other states and of the Federal Government who
  995  are carrying out official duties while in this state;
  996         (e) Officers or employees of the state or United States
  997  duly authorized to carry a concealed weapon or a concealed
  998  firearm;
  999         (f) Guards or messengers of common carriers, express
 1000  companies, armored car carriers, mail carriers, banks, and other
 1001  financial institutions, while actually employed in and about the
 1002  shipment, transportation, or delivery of any money, treasure,
 1003  bullion, bonds, or other thing of value within this state;
 1004         (g) Regularly enrolled members of any organization duly
 1005  authorized to purchase or receive weapons from the United States
 1006  or from this state, or regularly enrolled members of clubs
 1007  organized for target, skeet, or trap shooting, while at or going
 1008  to or from shooting practice; or regularly enrolled members of
 1009  clubs organized for modern or antique firearms collecting, while
 1010  such members are at or going to or from their collectors’ gun
 1011  shows, conventions, or exhibits;
 1012         (h) A person engaged in fishing, camping, or lawful hunting
 1013  or going to or returning from a fishing, camping, or lawful
 1014  hunting expedition;
 1015         (i) A person engaged in the business of manufacturing,
 1016  repairing, or dealing in firearms, or the agent or
 1017  representative of any such person while engaged in the lawful
 1018  course of such business;
 1019         (j) A person discharging a weapon or firearm firing weapons
 1020  for testing or target practice under safe conditions and in a
 1021  safe place not prohibited by law or going to or from such place;
 1022         (k) A person discharging a weapon or firearm firing weapons
 1023  in a safe and secure indoor range for testing and target
 1024  practice;
 1025         (l) A person traveling by private conveyance when the
 1026  weapon is securely encased or in a public conveyance when the
 1027  weapon or firearm is securely encased and not in the person’s
 1028  manual possession;
 1029         (m) A person while carrying a handgun pistol unloaded and
 1030  in a secure wrapper, concealed or otherwise, from the place of
 1031  purchase to his or her home or place of business or to a place
 1032  of repair or back to his or her home or place of business;
 1033         (n) A person possessing weapons or firearms arms at his or
 1034  her home or place of business;
 1035         (o) Investigators employed by the several public defenders
 1036  of the state, while actually carrying out official duties,
 1037  provided such investigators:
 1038         1. Are employed full time;
 1039         2. Meet the official training standards for firearms
 1040  established by the Criminal Justice Standards and Training
 1041  Commission as provided in s. 943.12(5) and the requirements of
 1042  ss. 493.6108(1)(a) and 943.13(1)-(4); and
 1043         3. Are individually designated by an affidavit of consent
 1044  signed by the employing public defender and filed with the clerk
 1045  of the circuit court in the county in which the employing public
 1046  defender resides.
 1047         (p) Investigators employed by the capital collateral
 1048  regional counsel, while actually carrying out official duties,
 1049  provided such investigators:
 1050         1. Are employed full time;
 1051         2. Meet the official training standards for firearms as
 1052  established by the Criminal Justice Standards and Training
 1053  Commission as provided in s. 943.12(1) and the requirements of
 1054  ss. 493.6108(1)(a) and 943.13(1)-(4); and
 1055         3. Are individually designated by an affidavit of consent
 1056  signed by the capital collateral regional counsel and filed with
 1057  the clerk of the circuit court in the county in which the
 1058  investigator is headquartered.
 1059         (q)1. A tactical medical professional who is actively
 1060  operating in direct support of a tactical operation by a law
 1061  enforcement agency provided that:
 1062         a. The tactical medical professional is lawfully able to
 1063  possess firearms and has an active concealed weapon or concealed
 1064  firearm license weapons permit issued pursuant to s. 790.06.
 1065         b. The tactical medical professional is appointed to a law
 1066  enforcement tactical team of a law enforcement agency by the
 1067  head of the law enforcement agency.
 1068         c. The law enforcement agency has an established policy
 1069  providing for the appointment, training, and deployment of the
 1070  tactical medical professional.
 1071         d. The tactical medical professional successfully completes
 1072  a firearms safety training and tactical training as established
 1073  or designated by the appointing law enforcement agency.
 1074         e. The law enforcement agency provides and the tactical
 1075  medical professional participates in annual firearm training and
 1076  tactical training.
 1077         2. While actively operating in direct support of a tactical
 1078  operation by a law enforcement agency, a tactical medical
 1079  professional:
 1080         a. May carry a firearm in the same manner as a law
 1081  enforcement officer, as defined in s. 943.10 and,
 1082  notwithstanding any other law, at any place a tactical law
 1083  enforcement operation occurs.
 1084         b. Has no duty to retreat and is justified in the use of
 1085  any force which he or she reasonably believes is necessary to
 1086  defend himself or herself or another from bodily harm.
 1087         c. Has the same immunities and privileges as a law
 1088  enforcement officer, as defined in s. 943.10, in a civil or
 1089  criminal action arising out of a tactical law enforcement
 1090  operation when acting within the scope of his or her official
 1091  duties.
 1092         3. This paragraph may not be construed to authorize a
 1093  tactical medical professional to carry, transport, or store any
 1094  firearm or ammunition on any fire apparatus or EMS vehicle.
 1095         4. The appointing law enforcement agency shall issue any
 1096  firearm or ammunition that the tactical medical professional
 1097  carries in accordance with this paragraph.
 1098         5. For the purposes of this paragraph, the term “tactical
 1099  medical professional” means a paramedic, as defined in s.
 1100  401.23, a physician, as defined in s. 458.305, or an osteopathic
 1101  physician, as defined in s. 459.003, who is appointed to provide
 1102  direct support to a tactical law enforcement unit by providing
 1103  medical services at high-risk incidents, including, but not
 1104  limited to, hostage incidents, narcotics raids, hazardous
 1105  surveillance, sniper incidents, armed suicidal persons,
 1106  barricaded suspects, high-risk felony warrant service, fugitives
 1107  refusing to surrender, and active shooter incidents.
 1108         (4)(5) POSSESSION IN PRIVATE CONVEYANCE.—
 1109         (a) Notwithstanding s. 790.01(1), a person 18 years of age
 1110  or older who is in lawful possession of a handgun or other
 1111  weapon may possess such a handgun or weapon within the interior
 1112  of a private conveyance if the handgun or weapon is securely
 1113  encased or otherwise not readily accessible for immediate use. A
 1114  person who possesses a handgun or other weapon as authorized
 1115  under this paragraph may not carry the handgun or weapon on his
 1116  or her person.
 1117         (b) This subsection does not prohibit a person from
 1118  carrying a:
 1119         1. Legal firearm other than a handgun anywhere in a private
 1120  conveyance when such firearm is being carried for a lawful use;
 1121  or
 1122         2. Concealed weapon or concealed firearm on his or her
 1123  person while in a private conveyance if he or she is authorized
 1124  to carry a concealed weapon or concealed firearm under s.
 1125  790.01(1).
 1126         (c) This subsection shall be liberally construed in favor
 1127  of the lawful use, ownership, and possession of firearms and
 1128  other weapons, including lawful self-defense as provided in s.
 1129  776.012. Notwithstanding subsection (2), it is lawful and is not
 1130  a violation of s. 790.01 for a person 18 years of age or older
 1131  to possess a concealed firearm or other weapon for self-defense
 1132  or other lawful purpose within the interior of a private
 1133  conveyance, without a license, if the firearm or other weapon is
 1134  securely encased or is otherwise not readily accessible for
 1135  immediate use. Nothing herein contained prohibits the carrying
 1136  of a legal firearm other than a handgun anywhere in a private
 1137  conveyance when such firearm is being carried for a lawful use.
 1138  Nothing herein contained shall be construed to authorize the
 1139  carrying of a concealed firearm or other weapon on the person.
 1140  This subsection shall be liberally construed in favor of the
 1141  lawful use, ownership, and possession of firearms and other
 1142  weapons, including lawful self-defense as provided in s.
 1143  776.012.
 1144         Section 15. Paragraph (c) of subsection (2) and paragraph
 1145  (c) of subsection (4) of section 790.251, Florida Statutes, are
 1146  amended to read:
 1147         790.251 Protection of the right to keep and bear arms in
 1148  motor vehicles for self-defense and other lawful purposes;
 1149  prohibited acts; duty of public and private employers; immunity
 1150  from liability; enforcement.—
 1151         (2) DEFINITIONS.—As used in this section, the term:
 1152         (c) “Employee” means any person who is authorized to carry
 1153  a concealed weapon or concealed firearm under s. 790.01(1)
 1154  possesses a valid license issued pursuant to s. 790.06 and:
 1155         1. Works for salary, wages, or other remuneration;
 1156         2. Is an independent contractor; or
 1157         3. Is a volunteer, intern, or other similar individual for
 1158  an employer.
 1159  
 1160  As used in this section, the term “firearm” includes ammunition
 1161  and accoutrements attendant to the lawful possession and use of
 1162  a firearm.
 1163         (4) PROHIBITED ACTS.—No public or private employer may
 1164  violate the constitutional rights of any customer, employee, or
 1165  invitee as provided in paragraphs (a)-(e):
 1166         (c)No public or private employer shall condition employment
 1167  upon either:
 1168         1. The fact that an employee or prospective employee is
 1169  authorized to carry a concealed weapon or concealed firearm
 1170  under s. 790.01(1) holds or does not hold a license issued
 1171  pursuant to s. 790.06; or
 1172         2. Any agreement by an employee or a prospective employee
 1173  that prohibits an employee from keeping a legal firearm locked
 1174  inside or locked to a private motor vehicle in a parking lot
 1175  when such firearm is kept for lawful purposes.
 1176  
 1177  This subsection applies to all public sector employers,
 1178  including those already prohibited from regulating firearms
 1179  under the provisions of s. 790.33.
 1180         Section 16. Paragraph (c) of subsection (1) of section
 1181  790.31, Florida Statutes, is amended to read:
 1182         790.31 Armor-piercing or exploding ammunition or dragon’s
 1183  breath shotgun shells, bolo shells, or flechette shells
 1184  prohibited.—
 1185         (1) As used in this section, the term:
 1186         (c) “Handgun” means a firearm capable of being carried and
 1187  used by one hand, such as a pistol or revolver.
 1188         Section 17. Effective upon becoming a law, section
 1189  943.6873, Florida Statutes, is created to read:
 1190         943.6873 Active assailant response policy.—For the
 1191  protection of all persons in this state, it is necessary and
 1192  required that every law enforcement agency in this state be
 1193  prepared to respond to an active assailant event. To be
 1194  adequately prepared, each law enforcement agency must create and
 1195  maintain an active assailant response policy.
 1196         (1) By October 1, 2023, each law enforcement agency in this
 1197  state shall have a written active assailant response policy
 1198  that:
 1199         (a) Is consistent with the agency’s response capabilities;
 1200  and
 1201         (b) Includes response procedures specifying the command
 1202  protocol and coordination with other law enforcement agencies.
 1203         (2)(a) The department shall make the model active assailant
 1204  response policy developed by the Marjory Stoneman Douglas High
 1205  School Public Safety Commission available on its website. The
 1206  department may also make available any other policies deemed
 1207  appropriate by the executive director which may guide a law
 1208  enforcement agency in developing its active assailant response
 1209  polices.
 1210         (b) Each law enforcement agency must review the model
 1211  active assailant response policy developed by the Marjory
 1212  Stoneman Douglas High School Public Safety Commission when
 1213  developing its active assailant response policy.
 1214         (3) Each law enforcement agency shall ensure that all of
 1215  its sworn personnel have been trained on the agency’s existing
 1216  active assailant response policy, or that sworn personnel are
 1217  trained within 180 days after enacting a new or revised policy.
 1218  Each law enforcement agency must ensure that all of its sworn
 1219  personnel receive, at minimum, annual training on the active
 1220  assailant response policy.
 1221         (4) By October 1, 2023, each law enforcement agency shall
 1222  provide written certification to the department from the head of
 1223  the law enforcement agency verifying that the agency has
 1224  officially adopted a written active assailant response policy.
 1225         (5) By January 1, 2024, the department shall submit a
 1226  report to the Governor, the President of the Senate, and the
 1227  Speaker of the House of Representatives identifying each law
 1228  enforcement agency that has not complied with the requirements
 1229  of this section.
 1230         Section 18. Effective upon becoming a law, subsections (12)
 1231  and (13) of section 1001.212, Florida Statutes, are amended to
 1232  read:
 1233         1001.212 Office of Safe Schools.—There is created in the
 1234  Department of Education the Office of Safe Schools. The office
 1235  is fully accountable to the Commissioner of Education. The
 1236  office shall serve as a central repository for best practices,
 1237  training standards, and compliance oversight in all matters
 1238  regarding school safety and security, including prevention
 1239  efforts, intervention efforts, and emergency preparedness
 1240  planning. The office shall:
 1241         (12) Develop a statewide behavioral threat management
 1242  operational process, a Florida-specific behavioral threat
 1243  assessment instrument, and a threat management portal.
 1244         (a)1. By December 1, 2023, the office shall develop a
 1245  statewide behavioral threat management operational process to
 1246  guide school districts, schools, charter school governing
 1247  boards, and charter schools through the threat management
 1248  process. The process must be designed to identify, assess,
 1249  manage, and monitor potential and real threats to schools. This
 1250  process must include, but is not limited to:
 1251         a. The establishment and duties of threat management teams.
 1252         b. Defining behavior risks and threats.
 1253         c. The use of the Florida-specific behavioral threat
 1254  assessment instrument developed pursuant to paragraph (b) to
 1255  evaluate the behavior of students who may pose a threat to the
 1256  school, school staff, or other students and to coordinate
 1257  intervention and services for such students.
 1258         d. Upon the availability of the threat management portal
 1259  developed pursuant to paragraph (c), the use, authorized user
 1260  criteria, and access specifications of the portal.
 1261         e. Procedures for the implementation of interventions,
 1262  school support, and community services.
 1263         f. Guidelines for appropriate law enforcement intervention.
 1264         g. Procedures for risk management.
 1265         h. Procedures for disciplinary actions.
 1266         i. Mechanisms for continued monitoring of potential and
 1267  real threats.
 1268         j. Procedures for referrals to mental health services
 1269  identified by the school district or charter school governing
 1270  board pursuant to s. 1012.584(4).
 1271         k. Procedures and requirements necessary for the creation
 1272  of a threat assessment report, all corresponding documentation,
 1273  and any other information required by the Florida-specific
 1274  behavioral threat assessment instrument under paragraph (b).
 1275         2. Upon availability, each school district, school, charter
 1276  school governing board, and charter school must use the
 1277  statewide behavioral threat management operational process.
 1278         3. The office shall provide training to all school
 1279  districts, schools, charter school governing boards, and charter
 1280  schools on the statewide behavioral threat management
 1281  operational process.
 1282         4. The office shall coordinate the ongoing development,
 1283  implementation, and operation of the statewide behavioral threat
 1284  management operational process.
 1285         (b)1. By August 1, 2023 2019, the office shall develop a
 1286  Florida-specific standardized, statewide behavioral threat
 1287  assessment instrument for school districts, schools, charter
 1288  school governing boards, and charter schools to use to evaluate
 1289  the behavior of students who may pose a threat to the school,
 1290  school staff, or students and to coordinate intervention and
 1291  services for such students. The Florida-specific behavioral
 1292  threat assessment instrument must include, but is not limited
 1293  to: use by all public schools, including charter schools, which
 1294  addresses early identification, evaluation, early intervention,
 1295  and student support.
 1296         (a) The standardized, statewide behavioral threat
 1297  assessment instrument must include, but need not be limited to,
 1298  components and forms that address:
 1299         a.1. An assessment of the threat, which includes an
 1300  assessment of the student, family, and school and social
 1301  dynamics.
 1302         b.2. An evaluation to determine whether a threat exists and
 1303  if so, if the type of threat is transient or substantive.
 1304         c.3. The response to a substantive threat, which includes
 1305  the school response, and the role of law enforcement agencies in
 1306  the response, and the response by mental health providers.
 1307         d.4. The response to a serious substantive threat,
 1308  including mental health and law enforcement referrals.
 1309         5. Ongoing monitoring to assess implementation of threat
 1310  management and safety strategies.
 1311         e. Ongoing monitoring to evaluate interventions and support
 1312  provided to the students.
 1313         f. A standardized threat assessment report, which must
 1314  include, but need not be limited to, all documentation
 1315  associated with the evaluation, intervention, management, and
 1316  any ongoing monitoring of the threat.
 1317         2. A report, all corresponding documentation, and any other
 1318  information required by the instrument in the threat management
 1319  portal under paragraph (c) is an education record and may not be
 1320  retained, maintained, or transferred, except in accordance with
 1321  State Board of Education rule.
 1322         3. Upon availability, each school district, school, charter
 1323  school governing board, and charter school must use the Florida
 1324  specific behavioral threat assessment instrument.
 1325         4.6. The office shall provide training for members of
 1326  threat management assessment teams established under s.
 1327  1006.07(7) and for all school districts and charter school
 1328  governing boards school administrators regarding the use of the
 1329  Florida-specific behavioral threat assessment instrument.
 1330         (c)1. By August 1, 2025, the office shall develop, host,
 1331  maintain, and administer a threat management portal that will
 1332  digitize the Florida-specific behavioral threat assessment
 1333  instrument for use by each school district, school, charter
 1334  school governing board, and charter school. The portal will also
 1335  facilitate the electronic threat assessment reporting and
 1336  documentation as required by the Florida-specific behavioral
 1337  threat assessment instrument to evaluate the behavior of
 1338  students who may pose a threat to the school, school staff, or
 1339  students and to coordinate intervention and services for such
 1340  students. The portal may not provide the office with access to
 1341  the portal unless authorized in accordance with State Board of
 1342  Education rule. The portal must include, but need not be limited
 1343  to, the following functionalities:
 1344         a. Workflow processes that align with the statewide
 1345  behavioral threat management operational process.
 1346         b. Direct data entry and file uploading as required by the
 1347  Florida-specific behavioral threat assessment instrument.
 1348         c. The ability to create a threat assessment report as
 1349  required by the Florida-specific behavioral threat assessment
 1350  instrument.
 1351         d. The ability of authorized personnel to add to or update
 1352  a threat assessment report, all corresponding documentation, or
 1353  any other information required by the Florida-specific
 1354  behavioral threat assessment instrument.
 1355         e. The ability to create and remove connections between
 1356  education records in the portal and authorized personnel.
 1357         f. The ability to grant access to and securely transfer any
 1358  education records in the portal to other schools or charter
 1359  schools in the district.
 1360         g. The ability to grant access to and securely transfer any
 1361  education records in the portal to schools and charter schools
 1362  not in the originating district.
 1363         h. The ability to retain, maintain, and transfer education
 1364  records in the portal in accordance with State Board of
 1365  Education rule.
 1366         i. The ability to restrict access to, entry of,
 1367  modification of, and transfer of education records in the portal
 1368  to a school district, school, charter school governing board, or
 1369  charter school and authorized personnel as specified by the
 1370  statewide behavioral threat management operational process.
 1371         j. The ability to designate school district or charter
 1372  school governing board system administrators who may grant
 1373  access to authorized school district and charter school
 1374  governing board personnel and school and charter school system
 1375  administrators.
 1376         k. The ability to designate school or charter school system
 1377  administrators who may grant access to authorized school or
 1378  charter school personnel.
 1379         l. The ability to notify the office’s system administrators
 1380  and school district or charter school governing board system
 1381  administrators of attempts to access any education records by
 1382  unauthorized personnel.
 1383         2. Upon availability, each school district, school, charter
 1384  school governing board, and charter school shall use the portal.
 1385         3. A threat assessment report, all corresponding
 1386  documentation, and any other information required by the
 1387  Florida-specific behavioral threat assessment instrument which
 1388  is maintained in the portal is an education record and may not
 1389  be retained, maintained, or transferred, except in accordance
 1390  with State Board of Education rule.
 1391         4. The office and the office system administrators may not
 1392  have access to a threat assessment report, all corresponding
 1393  documentation, and any other information required by the
 1394  Florida-specific behavioral threat assessment instrument which
 1395  is maintained in the portal.
 1396         5. A school district or charter school governing board may
 1397  not have access to the education records in the portal, except
 1398  in accordance with State Board of Education rule.
 1399         6. The parent of a student may access his or her student’s
 1400  education records in the portal in accordance with State Board
 1401  of Education Rule, but may not have access to the portal.
 1402         7. The office shall develop and implement a quarterly
 1403  portal access review audit process.
 1404         8. Upon availability, each school district, school, charter
 1405  school governing board, and charter school shall comply with the
 1406  quarterly portal access review audit process developed by the
 1407  office.
 1408         9. By August 1, 2025, the office shall provide role-based
 1409  training to all authorized school district and charter school
 1410  governing board personnel before granting access to the portal.
 1411         10. By August 1 of each year, the office shall provide
 1412  role-based training to all authorized school district, school,
 1413  charter school governing board, and charter school personnel.
 1414         11. Any individual who accesses, uses, or releases any
 1415  education record contained in the portal for a purpose not
 1416  specifically authorized by law commits a noncriminal infraction,
 1417  punishable by a fine not exceeding $2,000.
 1418         (d)(b) The office shall:
 1419         1. by August 1 of each year:, 2020,
 1420         1. Evaluate each school district’s, school’s, and charter
 1421  school governing board’s, and charter school’s use of the
 1422  statewide behavioral threat management operational process, the
 1423  Florida-specific behavioral threat assessment instrument, and
 1424  the threat management portal procedures for compliance with this
 1425  subsection.
 1426         2. Notify the district school superintendent or charter
 1427  school governing board, as applicable, if the use of the
 1428  statewide behavioral threat management operational process, the
 1429  Florida-specific behavioral threat assessment instrument, and
 1430  the threat management portal is not in compliance with this
 1431  subsection.
 1432         3. Report any issues of ongoing noncompliance with this
 1433  subsection to the commissioner and the district school
 1434  superintendent or the charter school governing board, as
 1435  applicable.
 1436         (13) Establish the Statewide Threat Assessment Database
 1437  Workgroup, composed of members appointed by the department, to
 1438  complement the work of the department and the Department of Law
 1439  Enforcement associated with the centralized integrated data
 1440  repository and data analytics resources initiative and make
 1441  recommendations regarding the development of a statewide threat
 1442  assessment database. The database must allow authorized public
 1443  school personnel to enter information related to any threat
 1444  assessment conducted at their respective schools using the
 1445  instrument developed by the office pursuant to subsection (12),
 1446  and must provide such information to authorized personnel in
 1447  each school district and public school and to appropriate
 1448  stakeholders. By December 31, 2019, the workgroup shall provide
 1449  a report to the office with recommendations that include, but
 1450  need not be limited to:
 1451         (a) Threat assessment data that should be required to be
 1452  entered into the database.
 1453         (b) School district and public school personnel who should
 1454  be allowed to input student records to the database and view
 1455  such records.
 1456         (c) Database design and functionality, to include data
 1457  security.
 1458         (d) Restrictions and authorities on information sharing,
 1459  including:
 1460         1. Section 1002.22 and other applicable state laws.
 1461         2. The Family Educational Rights and Privacy Act (FERPA),
 1462  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
 1463  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
 1464  45 C.F.R. part 164, subpart E; and other applicable federal
 1465  laws.
 1466         3. The appropriateness of interagency agreements that will
 1467  allow law enforcement to view database records.
 1468         (e) The cost to develop and maintain a statewide online
 1469  database.
 1470         (f) An implementation plan and timeline for the workgroup
 1471  recommendations.
 1472         Section 19. Effective upon becoming a law, the State Board
 1473  of Education may, and all conditions are deemed met, to adopt
 1474  emergency rules pursuant to s. 120.54(4), Florida Statutes, to
 1475  administer the amendments made to s. 1001.212(12), Florida
 1476  Statutes, by this act. Notwithstanding any other law, emergency
 1477  rules adopted pursuant to this section are effective for 6
 1478  months after adoption and may be renewed during the pendency of
 1479  procedures to adopt permanent rules addressing the subject of
 1480  the emergency rules. This section expires July 1, 2024.
 1481         Section 20. Subsection (18) is added to section 1002.42,
 1482  Florida Statutes, to read:
 1483         1002.42 Private schools.—
 1484         (18) SAFE SCHOOL OFFICERS.—
 1485         (a) A private school may partner with a law enforcement
 1486  agency or a security agency to establish or assign one or more
 1487  safe-school officers established in s. 1006.12(1)-(4). The
 1488  private school is responsible for the full cost of implementing
 1489  any such option, which includes all training costs under the
 1490  Coach Aaron Feis Guardian Program under s. 30.15(1)(k).
 1491         (b) A private school that establishes a safe-school officer
 1492  must comply with the requirements of s. 1006.12. References to a
 1493  school district, district school board, or district school
 1494  superintendent in s. 1006.12(1)-(5) shall also mean a private
 1495  school governing board or private school head of school, as
 1496  applicable. References to a school district employee in s.
 1497  1006.12(3) shall also mean a private school employee.
 1498         Section 21. Effective upon becoming a law, subsection (2)
 1499  of section 1003.25, Florida Statutes, is amended to read:
 1500         1003.25 Procedures for maintenance and transfer of student
 1501  records.—
 1502         (2) The procedure for transferring and maintaining records
 1503  of students who transfer from school to school is shall be
 1504  prescribed by rules of the State Board of Education. The
 1505  transfer of records must shall occur within 3 school days. The
 1506  records must shall include, if applicable:
 1507         (a) Verified reports of serious or recurrent behavior
 1508  patterns, including any threat assessment report, all
 1509  corresponding documentation, and any other information required
 1510  by the Florida-specific behavioral threat assessment instrument
 1511  pursuant to s. 1001.212(12) which contains the evaluation,
 1512  evaluations and intervention, and management of the threat
 1513  assessment evaluations and intervention services.
 1514         (b) Psychological evaluations, including therapeutic
 1515  treatment plans and therapy or progress notes created or
 1516  maintained by school district or charter school staff, as
 1517  appropriate.
 1518         Section 22. Effective upon becoming a law, subsections (7)
 1519  and (9) of section 1006.07, Florida Statutes, are amended to
 1520  read:
 1521         1006.07 District school board duties relating to student
 1522  discipline and school safety.—The district school board shall
 1523  provide for the proper accounting for all students, for the
 1524  attendance and control of students at school, and for proper
 1525  attention to health, safety, and other matters relating to the
 1526  welfare of students, including:
 1527         (7) THREAT MANAGEMENT ASSESSMENT TEAMS.—Each district
 1528  school board and charter school governing board shall establish
 1529  a adopt policies for the establishment of threat management team
 1530  assessment teams at each school whose duties include the
 1531  coordination of resources and assessment and intervention with
 1532  students individuals whose behavior may pose a threat to the
 1533  safety of the school, school staff, or students consistent with
 1534  the model policies developed by the Office of Safe Schools. Such
 1535  policies must include procedures for referrals to mental health
 1536  services identified by the school district pursuant to s.
 1537  1012.584(4), when appropriate, and procedures for behavioral
 1538  threat assessments in compliance with the instrument developed
 1539  pursuant to s. 1001.212(12).
 1540         (a) Upon the availability of a statewide behavioral threat
 1541  management operational process developed pursuant to s.
 1542  1001.212(12), all threat management teams shall use the
 1543  operational process.
 1544         (b) A threat management assessment team shall include
 1545  persons with expertise in counseling, instruction, school
 1546  administration, and law enforcement, and at least one
 1547  instructional or administrative personnel, pursuant to s.
 1548  1012.01(2) and (3), who is personally familiar with the
 1549  individual who is the subject of the threat assessment. All
 1550  members of the threat management assessment team must be
 1551  involved in the threat assessment and threat management process
 1552  and final decisionmaking.
 1553         (c) The threat management team assessment teams shall
 1554  identify members of the school community to whom threatening
 1555  behavior should be reported and provide guidance to students,
 1556  faculty, and staff regarding recognition of threatening or
 1557  aberrant behavior that may represent a threat to the community,
 1558  school, or self.
 1559         (d) Upon the availability of the Florida-specific
 1560  behavioral threat assessment instrument developed pursuant to s.
 1561  1001.212(12), all the threat management teams assessment team
 1562  shall use that instrument when evaluating the behavior of
 1563  students who may pose a threat to the school, school staff, or
 1564  students and to coordinate intervention and services for such
 1565  students.
 1566         (e)(b) Upon a preliminary determination that a student
 1567  poses a threat of violence or physical harm to himself or
 1568  herself or others, a threat management assessment team shall
 1569  immediately report its determination to the superintendent or
 1570  his or her designee. The superintendent or his or her designee
 1571  or the charter school administrator or his or her designee shall
 1572  immediately attempt to notify the student’s parent or legal
 1573  guardian. Nothing in this subsection precludes shall preclude
 1574  school district or charter school governing board personnel from
 1575  acting immediately to address an imminent threat.
 1576         (f)(c) Upon a preliminary determination by the threat
 1577  management assessment team that a student poses a threat of
 1578  violence to himself or herself or others or exhibits
 1579  significantly disruptive behavior or need for assistance,
 1580  authorized members of the threat management assessment team may
 1581  obtain criminal history record information pursuant to s.
 1582  985.04(1). A member of a threat management assessment team may
 1583  not disclose any criminal history record information obtained
 1584  pursuant to this section or otherwise use any record of an
 1585  individual beyond the purpose for which such disclosure was made
 1586  to the threat management assessment team.
 1587         (g)(d) Notwithstanding any other provision of law, all
 1588  state and local agencies and programs that provide services to
 1589  students experiencing or at risk of an emotional disturbance or
 1590  a mental illness, including the school districts, charter
 1591  schools, school personnel, state and local law enforcement
 1592  agencies, the Department of Juvenile Justice, the Department of
 1593  Children and Families, the Department of Health, the Agency for
 1594  Health Care Administration, the Agency for Persons with
 1595  Disabilities, the Department of Education, the Statewide
 1596  Guardian Ad Litem Office, and any service or support provider
 1597  contracting with such agencies, may share with each other
 1598  records or information that are confidential or exempt from
 1599  disclosure under chapter 119 if the records or information are
 1600  reasonably necessary to ensure access to appropriate services
 1601  for the student or to ensure the safety of the student or
 1602  others. All such state and local agencies and programs shall
 1603  communicate, collaborate, and coordinate efforts to serve such
 1604  students.
 1605         (h)(e) If an immediate mental health or substance abuse
 1606  crisis is suspected, school personnel shall follow steps
 1607  policies established by the threat management assessment team to
 1608  engage behavioral health crisis resources. Behavioral health
 1609  crisis resources, including, but not limited to, mobile crisis
 1610  teams and school resource officers trained in crisis
 1611  intervention, shall provide emergency intervention and
 1612  assessment, make recommendations, and refer the student for
 1613  appropriate services. Onsite school personnel shall report all
 1614  such situations and actions taken to the threat management
 1615  assessment team, which shall contact the other agencies involved
 1616  with the student and any known service providers to share
 1617  information and coordinate any necessary follow-up followup
 1618  actions. Upon the student’s transfer to a different school, the
 1619  threat management assessment team shall verify that any
 1620  intervention services provided to the student remain in place
 1621  until the threat management assessment team of the receiving
 1622  school independently determines the need for intervention
 1623  services.
 1624         (i) The threat management team shall prepare a threat
 1625  assessment report required by the Florida-specific behavioral
 1626  threat assessment instrument developed pursuant to s.
 1627  1001.212(12). A threat assessment report, all corresponding
 1628  documentation, and any other information required by the
 1629  Florida-specific behavioral threat assessment instrument in the
 1630  threat management portal is an education record.
 1631         (j)(f) Each threat management assessment team established
 1632  pursuant to this subsection shall report quantitative data on
 1633  its activities to the Office of Safe Schools in accordance with
 1634  guidance from the office and shall utilize the threat assessment
 1635  database developed pursuant to s. 1001.212(13) upon the
 1636  availability of the database.
 1637         (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
 1638  district school board shall adopt policies to ensure the
 1639  accurate and timely reporting of incidents related to school
 1640  safety and discipline. The district school superintendent is
 1641  responsible for school environmental safety incident reporting.
 1642  A district school superintendent who fails to comply with this
 1643  subsection is subject to the penalties specified in law,
 1644  including, but not limited to, s. 1001.42(13)(b) or s.
 1645  1001.51(12)(b), as applicable. The State Board of Education
 1646  shall adopt rules establishing the requirements for the school
 1647  environmental safety incident report, including those incidents
 1648  that must be reported to a law enforcement agency. Annually, the
 1649  department shall publish on its website the most recently
 1650  available school environmental safety incident data along with
 1651  other school accountability and performance data in a uniform,
 1652  statewide format that is easy to read and understand.
 1653         Section 23. Effective upon becoming a law:
 1654         (1) The State Board of Education is authorized, and all
 1655  conditions are deemed met, to adopt emergency rules pursuant to
 1656  s. 120.54(4) for the purpose of implementing this subsection.
 1657  The Legislature finds that school district discretion over
 1658  reporting criminal incidents to law enforcement has resulted in
 1659  significant under-reporting of serious crimes. The Legislature
 1660  further finds that emergency rulemaking authority is necessary
 1661  to ensure that all reportable incidents that are crimes are
 1662  reported to law enforcement as soon as practicable starting in
 1663  the 2023-2024 school year. Emergency rules adopted under this
 1664  section are exempt from s. 120.54(4)(c) and shall remain in
 1665  effect until replaced by rules adopted under the nonemergency
 1666  rulemaking procedures of chapter 120, which must occur no later
 1667  than July 1, 2024.
 1668         (2) Notwithstanding any other provision of law, emergency
 1669  rules adopted pursuant to subsection (1) are effective for 6
 1670  months after adoption and may be renewed during the pendency of
 1671  procedures to adopt permanent rules addressing the subject of
 1672  the emergency rules.
 1673         Section 24. Effective upon becoming a law, section
 1674  1006.121, Florida Statutes, is created to read:
 1675         1006.121 Florida Safe Schools Canine Program.—
 1676         (1) CREATION AND PURPOSE.—
 1677         (a) The Department of Education, through the Office of Safe
 1678  Schools pursuant to s. 1001.212, shall establish the Florida
 1679  Safe Schools Canine Program for the purpose of designating a
 1680  person, school, or business entity as a Florida Safe Schools
 1681  Canine Partner if the person, school, or business entity
 1682  provides a monetary or in-kind donation to a law enforcement
 1683  agency to purchase, train, or care for a firearm detection
 1684  canine. The office shall consult with the Florida Police Chiefs
 1685  Association and the Florida Sheriffs Association in creating the
 1686  program.
 1687         (b) The presence of firearm detection canines at K-12
 1688  schools contributes to a safe school community, furthering a
 1689  communitywide investment and engagement in school safety and
 1690  public safety initiatives. The program seeks to foster
 1691  relationships between schools, local businesses, and law
 1692  enforcement, promoting trust and confidence in the ability of
 1693  law enforcement to keep schools and communities safe. Firearm
 1694  detection canines act as liaisons between students and law
 1695  enforcement agencies and serve as ambassadors for a law
 1696  enforcement agency to improve community engagement. K-12 schools
 1697  and students are encouraged to partner with law enforcement to
 1698  raise funds in the local community for the monetary or in-kind
 1699  donations needed to purchase, train, or care for a firearm
 1700  detection canine. This includes building relationships with
 1701  local businesses that support school safety by providing
 1702  monetary or in-kind donations to help with the ongoing care and
 1703  expenses of a firearm detection canine which include, but are
 1704  not limited to, veterinary care such as wellness checks and
 1705  medicine; food; interactive and training toys; grooming; and
 1706  necessary equipment such as collars and leads.
 1707         (2) DEFINITION.—As used in this section, the term “firearm
 1708  detection canine” means any canine that is owned or the service
 1709  of which is employed by a law enforcement agency for use in K­12
 1710  schools for the primary purpose of aiding in the detection of
 1711  firearms and ammunition.
 1712         (3) CANINE REQUIREMENTS.—A firearm detection canine must be
 1713  trained to interact with children and must complete behavior and
 1714  temperament training. A firearm detection canine may also be
 1715  trained as an animal-assisted therapy canine.
 1716         (4) ELIGIBILITY.—
 1717         (a) A law enforcement agency may nominate a person, school,
 1718  or business entity to be designated as a Florida Safe Schools
 1719  Canine Partner, or such person, school, or business entity may
 1720  apply to the office to be designated as a Florida Safe Schools
 1721  Canine Partner if the monetary or in-kind donation is for the
 1722  purchase, training, or care of a firearm detection canine.
 1723         (b) The nomination or application to the office for
 1724  designation as a Florida Safe Schools Canine Partner must, at
 1725  minimum, include all of the following:
 1726         1. The name, address, and contact information of the
 1727  person, school, or business entity.
 1728         2. The name, address, and contact information of the law
 1729  enforcement agency.
 1730         3. Whether the donation was monetary or in-kind.
 1731         4. The amount of the donation or type of in-kind donation.
 1732         5. Documentation from the law enforcement agency
 1733  certifying:
 1734         a. The date of receipt of the person’s, school’s, or
 1735  business entity’s monetary or in-kind donation; and
 1736         b. The person’s, school’s, or business entity’s monetary or
 1737  in-kind donation is for the purchasing, training, or care of a
 1738  firearm detection canine.
 1739         (c) The office shall adopt procedures for the nomination
 1740  and application processes for a Florida Safe Schools Canine
 1741  Partner.
 1742         (5) DESIGNATION AND AWARD.—
 1743         (a) The office shall determine whether a person, school, or
 1744  business entity, based on the information provided in the
 1745  nomination or application, meets the requirements in subsection
 1746  (4). The office may request additional information from the
 1747  person, school, or business entity.
 1748         (b)1. A nominated person, school, or business entity that
 1749  meets the requirements shall be notified by the office regarding
 1750  the nominee’s eligibility to be awarded a designation as a
 1751  Florida Safe Schools Canine Partner.
 1752         2. The nominee shall have 30 days after receipt of the
 1753  notice to certify that the information in the notice is true and
 1754  accurate and accept the nomination, to provide corrected
 1755  information for consideration by the office and indicate an
 1756  intention to accept the nomination, or to decline the
 1757  nomination. If the nominee accepts the nomination, the office
 1758  shall award the designation. The office may not award the
 1759  designation if the nominee declines the nomination or has not
 1760  accepted the nomination within 30 days after receiving notice.
 1761         (c) An applicant person, school, or business entity that
 1762  meets the requirements shall be notified and awarded a
 1763  designation as a Florida Safe Schools Canine Partner.
 1764         (d) The office shall adopt procedures for the designation
 1765  process of a Florida Safe Schools Canine Partner. Designation as
 1766  a Florida Safe Schools Canine Partner does not establish or
 1767  involve licensure, does not affect the substantial interests of
 1768  a party, and does not constitute a final agency action. The
 1769  Florida Safe Schools Canine Program and designation are not
 1770  subject to chapter 120.
 1771         (6) LOGO DEVELOPMENT.—
 1772         (a) The office shall develop a logo that identifies a
 1773  person, school, or business entity that is designated as a
 1774  Florida Safe Schools Canine Partner.
 1775         (b) The office shall adopt guidelines and requirements for
 1776  the use of the logo, including how the logo may be used in
 1777  advertising. The office may allow a person, school, or business
 1778  entity to display a Florida Safe Schools Canine Partner logo
 1779  upon designation. A person, school, or business entity that has
 1780  not been designated as a Florida Safe Schools Canine Partner or
 1781  has elected to discontinue its designated status may not display
 1782  the logo.
 1783         (7) WEBSITE.—The office shall establish a page on the
 1784  department’s website for the Florida Safe Schools Canine
 1785  Program. At a minimum, the page must provide a list, updated
 1786  quarterly, of persons, schools, or business entities, by county,
 1787  which currently have the Florida Safe Schools Canine Partner
 1788  designation and information regarding the eligibility
 1789  requirements for the designation and the method of application
 1790  or nomination.
 1791         (8) RULES.—The State Board of Education shall adopt rules
 1792  to administer this section.
 1793         Section 25. Effective upon becoming a law, subsections (1),
 1794  (2), and (8) of section 1006.13, Florida Statutes, are amended
 1795  to read:
 1796         1006.13 Policy of zero tolerance for crime and
 1797  victimization.—
 1798         (1) District school boards shall promote a safe and
 1799  supportive learning environment in schools by protecting
 1800  students and staff from conduct that poses a threat to school
 1801  safety. A threat management assessment team may use alternatives
 1802  to expulsion or referral to law enforcement agencies to address
 1803  disruptive behavior through restitution, civil citation, teen
 1804  court, neighborhood restorative justice, or similar programs.
 1805  Zero-tolerance policies may not be rigorously applied to petty
 1806  acts of misconduct. Zero-tolerance policies must apply equally
 1807  to all students regardless of their economic status, race, or
 1808  disability.
 1809         (2) Each district school board shall adopt a policy of zero
 1810  tolerance that:
 1811         (a) Identifies acts that are required to be reported under
 1812  the school environmental safety incident reporting pursuant to
 1813  s. 1006.07(9) Defines criteria for reporting to a law
 1814  enforcement agency any act that poses a threat to school safety
 1815  that occurs whenever or wherever students are within the
 1816  jurisdiction of the district school board.
 1817         (b) Defines acts that pose a threat to school safety.
 1818         (c) Defines petty acts of misconduct which are not a threat
 1819  to school safety and do not require consultation with law
 1820  enforcement.
 1821         (d) Minimizes the victimization of students, staff, or
 1822  volunteers, including taking all steps necessary to protect the
 1823  victim of any violent crime from any further victimization.
 1824         (e) Establishes a procedure that provides each student with
 1825  the opportunity for a review of the disciplinary action imposed
 1826  pursuant to s. 1006.07.
 1827         (f) Requires the threat management assessment team to
 1828  consult with law enforcement when a student exhibits a pattern
 1829  of behavior, based upon previous acts or the severity of an act,
 1830  that would pose a threat to school safety.
 1831         (8) A threat management assessment team may use
 1832  alternatives to expulsion or referral to law enforcement
 1833  agencies unless the use of such alternatives will pose a threat
 1834  to school safety.
 1835         Section 26. Section 790.1612, Florida Statutes, is amended
 1836  to read:
 1837         790.1612 Authorization for governmental manufacture,
 1838  possession, and use of destructive devices.—The governing body
 1839  of any municipality or county and the Division of State Fire
 1840  Marshal of the Department of Financial Services have the power
 1841  to authorize the manufacture, possession, and use of destructive
 1842  devices as defined in s. 790.001 s. 790.001(4).
 1843         Section 27. Subsection (1) of section 810.095, Florida
 1844  Statutes, is amended to read:
 1845         810.095 Trespass on school property with firearm or other
 1846  weapon prohibited.—
 1847         (1) It is a felony of the third degree, punishable as
 1848  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
 1849  who is trespassing upon school property to bring onto, or to
 1850  possess on, such school property any weapon as defined in s.
 1851  790.001 s. 790.001(13) or any firearm.
 1852         Section 28. Paragraph (e) of subsection (3) of section
 1853  921.0022, Florida Statutes, is amended to read:
 1854         921.0022 Criminal Punishment Code; offense severity ranking
 1855  chart.—
 1856         (3) OFFENSE SEVERITY RANKING CHART
 1857         (e) LEVEL 5
 1858  
 1859  FloridaStatute    FelonyDegree           Description            
 1860  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 1861  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 1862  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 1863  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 1864  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 1865  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 1866  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 1867  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 1868  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 1869  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 1870  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 1871  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 1872  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 1873  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 1874  790.01(3) 790.01(2)   3rd   Unlawful carrying of a concealed firearm.
 1875  790.162              2nd   Threat to throw or discharge destructive device.
 1876  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 1877  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 1878  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 1879  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 1880  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 1881  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 1882  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 1883  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 1884  812.015 (8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
 1885  812.015(8)(f)        3rd   Retail theft; multiple thefts within specified period.
 1886  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 1887  812.081(3)           2nd   Trafficking in trade secrets.     
 1888  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 1889  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 1890  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 1891  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 1892  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 1893  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 1894  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 1895  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 1896  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 1897  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
 1898  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
 1899  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 1900  836.14(4)            2nd   Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
 1901  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 1902  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 1903  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 1904  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
 1905  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 1906  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 1907  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 1908  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
 1909  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1910  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
 1911  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 1912  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
 1913  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
 1914  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 1915         Section 29. Paragraph (b) of subsection (1) of section
 1916  921.0024, Florida Statutes, is amended to read:
 1917         921.0024 Criminal Punishment Code; worksheet computations;
 1918  scoresheets.—
 1919         (1)
 1920         (b) WORKSHEET KEY:
 1921  
 1922  Legal status points are assessed when any form of legal status
 1923  existed at the time the offender committed an offense before the
 1924  court for sentencing. Four (4) sentence points are assessed for
 1925  an offender’s legal status.
 1926  
 1927  Community sanction violation points are assessed when a
 1928  community sanction violation is before the court for sentencing.
 1929  Six (6) sentence points are assessed for each community sanction
 1930  violation and each successive community sanction violation,
 1931  unless any of the following apply:
 1932         1. If the community sanction violation includes a new
 1933  felony conviction before the sentencing court, twelve (12)
 1934  community sanction violation points are assessed for the
 1935  violation, and for each successive community sanction violation
 1936  involving a new felony conviction.
 1937         2. If the community sanction violation is committed by a
 1938  violent felony offender of special concern as defined in s.
 1939  948.06:
 1940         a. Twelve (12) community sanction violation points are
 1941  assessed for the violation and for each successive violation of
 1942  felony probation or community control where:
 1943         I. The violation does not include a new felony conviction;
 1944  and
 1945         II. The community sanction violation is not based solely on
 1946  the probationer or offender’s failure to pay costs or fines or
 1947  make restitution payments.
 1948         b. Twenty-four (24) community sanction violation points are
 1949  assessed for the violation and for each successive violation of
 1950  felony probation or community control where the violation
 1951  includes a new felony conviction.
 1952  
 1953  Multiple counts of community sanction violations before the
 1954  sentencing court shall not be a basis for multiplying the
 1955  assessment of community sanction violation points.
 1956  
 1957  Prior serious felony points: If the offender has a primary
 1958  offense or any additional offense ranked in level 8, level 9, or
 1959  level 10, and one or more prior serious felonies, a single
 1960  assessment of thirty (30) points shall be added. For purposes of
 1961  this section, a prior serious felony is an offense in the
 1962  offender’s prior record that is ranked in level 8, level 9, or
 1963  level 10 under s. 921.0022 or s. 921.0023 and for which the
 1964  offender is serving a sentence of confinement, supervision, or
 1965  other sanction or for which the offender’s date of release from
 1966  confinement, supervision, or other sanction, whichever is later,
 1967  is within 3 years before the date the primary offense or any
 1968  additional offense was committed.
 1969  
 1970  Prior capital felony points: If the offender has one or more
 1971  prior capital felonies in the offender’s criminal record, points
 1972  shall be added to the subtotal sentence points of the offender
 1973  equal to twice the number of points the offender receives for
 1974  the primary offense and any additional offense. A prior capital
 1975  felony in the offender’s criminal record is a previous capital
 1976  felony offense for which the offender has entered a plea of nolo
 1977  contendere or guilty or has been found guilty; or a felony in
 1978  another jurisdiction which is a capital felony in that
 1979  jurisdiction, or would be a capital felony if the offense were
 1980  committed in this state.
 1981  
 1982  Possession of a firearm, semiautomatic firearm, or machine gun:
 1983  If the offender is convicted of committing or attempting to
 1984  commit any felony other than those enumerated in s. 775.087(2)
 1985  while having in his or her possession: a firearm as defined in
 1986  s. 790.001 s. 790.001(6), an additional eighteen (18) sentence
 1987  points are assessed; or if the offender is convicted of
 1988  committing or attempting to commit any felony other than those
 1989  enumerated in s. 775.087(3) while having in his or her
 1990  possession a semiautomatic firearm as defined in s. 775.087(3)
 1991  or a machine gun as defined in s. 790.001 s. 790.001(9), an
 1992  additional twenty-five (25) sentence points are assessed.
 1993  
 1994  Sentencing multipliers:
 1995  
 1996  Drug trafficking: If the primary offense is drug trafficking
 1997  under s. 893.135, the subtotal sentence points are multiplied,
 1998  at the discretion of the court, for a level 7 or level 8
 1999  offense, by 1.5. The state attorney may move the sentencing
 2000  court to reduce or suspend the sentence of a person convicted of
 2001  a level 7 or level 8 offense, if the offender provides
 2002  substantial assistance as described in s. 893.135(4).
 2003  
 2004  Law enforcement protection: If the primary offense is a
 2005  violation of the Law Enforcement Protection Act under s.
 2006  775.0823(2), (3), or (4), the subtotal sentence points are
 2007  multiplied by 2.5. If the primary offense is a violation of s.
 2008  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
 2009  are multiplied by 2.0. If the primary offense is a violation of
 2010  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
 2011  Protection Act under s. 775.0823(10) or (11), the subtotal
 2012  sentence points are multiplied by 1.5.
 2013  
 2014  Grand theft of a motor vehicle: If the primary offense is grand
 2015  theft of the third degree involving a motor vehicle and in the
 2016  offender’s prior record, there are three or more grand thefts of
 2017  the third degree involving a motor vehicle, the subtotal
 2018  sentence points are multiplied by 1.5.
 2019  
 2020  Offense related to a criminal gang: If the offender is convicted
 2021  of the primary offense and committed that offense for the
 2022  purpose of benefiting, promoting, or furthering the interests of
 2023  a criminal gang as defined in s. 874.03, the subtotal sentence
 2024  points are multiplied by 1.5. If applying the multiplier results
 2025  in the lowest permissible sentence exceeding the statutory
 2026  maximum sentence for the primary offense under chapter 775, the
 2027  court may not apply the multiplier and must sentence the
 2028  defendant to the statutory maximum sentence.
 2029  
 2030  Domestic violence in the presence of a child: If the offender is
 2031  convicted of the primary offense and the primary offense is a
 2032  crime of domestic violence, as defined in s. 741.28, which was
 2033  committed in the presence of a child under 16 years of age who
 2034  is a family or household member as defined in s. 741.28(3) with
 2035  the victim or perpetrator, the subtotal sentence points are
 2036  multiplied by 1.5.
 2037  
 2038  Adult-on-minor sex offense: If the offender was 18 years of age
 2039  or older and the victim was younger than 18 years of age at the
 2040  time the offender committed the primary offense, and if the
 2041  primary offense was an offense committed on or after October 1,
 2042  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
 2043  violation involved a victim who was a minor and, in the course
 2044  of committing that violation, the defendant committed a sexual
 2045  battery under chapter 794 or a lewd act under s. 800.04 or s.
 2046  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 2047  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 2048  800.04; or s. 847.0135(5), the subtotal sentence points are
 2049  multiplied by 2.0. If applying the multiplier results in the
 2050  lowest permissible sentence exceeding the statutory maximum
 2051  sentence for the primary offense under chapter 775, the court
 2052  may not apply the multiplier and must sentence the defendant to
 2053  the statutory maximum sentence.
 2054         Section 30. Paragraph (b) of subsection (3) of section
 2055  943.051, Florida Statutes, is amended to read:
 2056         943.051 Criminal justice information; collection and
 2057  storage; fingerprinting.—
 2058         (3)
 2059         (b) A minor who is charged with or found to have committed
 2060  the following offenses shall be fingerprinted and the
 2061  fingerprints shall be submitted electronically to the
 2062  department, unless the minor is issued a civil citation pursuant
 2063  to s. 985.12:
 2064         1. Assault, as defined in s. 784.011.
 2065         2. Battery, as defined in s. 784.03.
 2066         3. Carrying a concealed weapon, as defined in s. 790.01(2)
 2067  s. 790.01(1).
 2068         4. Unlawful use of destructive devices or bombs, as defined
 2069  in s. 790.1615(1).
 2070         5. Neglect of a child, as defined in s. 827.03(1)(e).
 2071         6. Assault or battery on a law enforcement officer, a
 2072  firefighter, or other specified officers, as defined in s.
 2073  784.07(2)(a) and (b).
 2074         7. Open carrying of a weapon, as defined in s. 790.053.
 2075         8. Exposure of sexual organs, as defined in s. 800.03.
 2076         9. Unlawful possession of a firearm, as defined in s.
 2077  790.22(5).
 2078         10. Petit theft, as defined in s. 812.014(3).
 2079         11. Cruelty to animals, as defined in s. 828.12(1).
 2080         12. Arson, as defined in s. 806.031(1).
 2081         13. Unlawful possession or discharge of a weapon or firearm
 2082  at a school-sponsored event or on school property, as provided
 2083  in s. 790.115.
 2084         Section 31. Paragraph (d) of subsection (1) of section
 2085  943.0585, Florida Statutes, is amended to read:
 2086         943.0585 Court-ordered expunction of criminal history
 2087  records.—
 2088         (1) ELIGIBILITY.—A person is eligible to petition a court
 2089  to expunge a criminal history record if:
 2090         (d) The person has never, as of the date the application
 2091  for a certificate of expunction is filed, been adjudicated
 2092  guilty in this state of a criminal offense or been adjudicated
 2093  delinquent in this state for committing any felony or any of the
 2094  following misdemeanors, unless the record of such adjudication
 2095  of delinquency has been expunged pursuant to s. 943.0515:
 2096         1. Assault, as defined in s. 784.011;
 2097         2. Battery, as defined in s. 784.03;
 2098         3. Assault on a law enforcement officer, a firefighter, or
 2099  other specified officers, as defined in s. 784.07(2)(a);
 2100         4. Carrying a concealed weapon, as defined in s. 790.01(2)
 2101  s. 790.01(1);
 2102         5. Open carrying of a weapon, as defined in s. 790.053;
 2103         6. Unlawful possession or discharge of a weapon or firearm
 2104  at a school-sponsored event or on school property, as defined in
 2105  s. 790.115;
 2106         7. Unlawful use of destructive devices or bombs, as defined
 2107  in s. 790.1615(1);
 2108         8. Unlawful possession of a firearm, as defined in s.
 2109  790.22(5);
 2110         9. Exposure of sexual organs, as defined in s. 800.03;
 2111         10. Arson, as defined in s. 806.031(1);
 2112         11. Petit theft, as defined in s. 812.014(3);
 2113         12. Neglect of a child, as defined in s. 827.03(1)(e); or
 2114         13. Cruelty to animals, as defined in s. 828.12(1).
 2115         Section 32. Paragraph (b) of subsection (1) of section
 2116  943.059, Florida Statutes, is amended to read:
 2117         943.059 Court-ordered sealing of criminal history records.—
 2118         (1) ELIGIBILITY.—A person is eligible to petition a court
 2119  to seal a criminal history record when:
 2120         (b) The person has never, before the date the application
 2121  for a certificate of eligibility is filed, been adjudicated
 2122  guilty in this state of a criminal offense, or been adjudicated
 2123  delinquent in this state for committing any felony or any of the
 2124  following misdemeanor offenses, unless the record of such
 2125  adjudication of delinquency has been expunged pursuant to s.
 2126  943.0515:
 2127         1. Assault, as defined in s. 784.011;
 2128         2. Battery, as defined in s. 784.03;
 2129         3. Assault on a law enforcement officer, a firefighter, or
 2130  other specified officers, as defined in s. 784.07(2)(a);
 2131         4. Carrying a concealed weapon, as defined in s. 790.01(2)
 2132  s. 790.01(1);
 2133         5. Open carrying of a weapon, as defined in s. 790.053;
 2134         6. Unlawful possession or discharge of a weapon or firearm
 2135  at a school-sponsored event or on school property, as defined in
 2136  s. 790.115;
 2137         7. Unlawful use of destructive devices or bombs, as defined
 2138  in s. 790.1615(1);
 2139         8. Unlawful possession of a firearm by a minor, as defined
 2140  in s. 790.22(5);
 2141         9. Exposure of sexual organs, as defined in s. 800.03;
 2142         10. Arson, as defined in s. 806.031(1);
 2143         11. Petit theft, as defined in s. 812.014(3);
 2144         12. Neglect of a child, as defined in s. 827.03(1)(e); or
 2145         13. Cruelty to animals, as defined in s. 828.12(1).
 2146         Section 33. Paragraph (b) of subsection (1) of section
 2147  985.11, Florida Statutes, is amended to read:
 2148         985.11 Fingerprinting and photographing.—
 2149         (1)
 2150         (b) Unless the child is issued a civil citation or is
 2151  participating in a similar diversion program pursuant to s.
 2152  985.12, a child who is charged with or found to have committed
 2153  one of the following offenses shall be fingerprinted, and the
 2154  fingerprints shall be submitted to the Department of Law
 2155  Enforcement as provided in s. 943.051(3)(b):
 2156         1. Assault, as defined in s. 784.011.
 2157         2. Battery, as defined in s. 784.03.
 2158         3. Carrying a concealed weapon, as defined in s. 790.01(2)
 2159  s. 790.01(1).
 2160         4. Unlawful use of destructive devices or bombs, as defined
 2161  in s. 790.1615(1).
 2162         5. Neglect of a child, as defined in s. 827.03(1)(e).
 2163         6. Assault on a law enforcement officer, a firefighter, or
 2164  other specified officers, as defined in s. 784.07(2)(a).
 2165         7. Open carrying of a weapon, as defined in s. 790.053.
 2166         8. Exposure of sexual organs, as defined in s. 800.03.
 2167         9. Unlawful possession of a firearm, as defined in s.
 2168  790.22(5).
 2169         10. Petit theft, as defined in s. 812.014.
 2170         11. Cruelty to animals, as defined in s. 828.12(1).
 2171         12. Arson, resulting in bodily harm to a firefighter, as
 2172  defined in s. 806.031(1).
 2173         13. Unlawful possession or discharge of a weapon or firearm
 2174  at a school-sponsored event or on school property as defined in
 2175  s. 790.115.
 2176  
 2177  A law enforcement agency may fingerprint and photograph a child
 2178  taken into custody upon probable cause that such child has
 2179  committed any other violation of law, as the agency deems
 2180  appropriate. Such fingerprint records and photographs shall be
 2181  retained by the law enforcement agency in a separate file, and
 2182  these records and all copies thereof must be marked “Juvenile
 2183  Confidential.” These records are not available for public
 2184  disclosure and inspection under s. 119.07(1) except as provided
 2185  in ss. 943.053 and 985.04(2), but shall be available to other
 2186  law enforcement agencies, criminal justice agencies, state
 2187  attorneys, the courts, the child, the parents or legal
 2188  custodians of the child, their attorneys, and any other person
 2189  authorized by the court to have access to such records. In
 2190  addition, such records may be submitted to the Department of Law
 2191  Enforcement for inclusion in the state criminal history records
 2192  and used by criminal justice agencies for criminal justice
 2193  purposes. These records may, in the discretion of the court, be
 2194  open to inspection by anyone upon a showing of cause. The
 2195  fingerprint and photograph records shall be produced in the
 2196  court whenever directed by the court. Any photograph taken
 2197  pursuant to this section may be shown by a law enforcement
 2198  officer to any victim or witness of a crime for the purpose of
 2199  identifying the person who committed such crime.
 2200         Section 34. Paragraph (b) of subsection (16) of section
 2201  1002.33, Florida Statutes, is amended to read:
 2202         1002.33 Charter schools.—
 2203         (16) EXEMPTION FROM STATUTES.—
 2204         (b) Additionally, a charter school shall be in compliance
 2205  with the following statutes:
 2206         1. Section 286.011, relating to public meetings and
 2207  records, public inspection, and criminal and civil penalties.
 2208         2. Chapter 119, relating to public records.
 2209         3. Section 1003.03, relating to the maximum class size,
 2210  except that the calculation for compliance pursuant to s.
 2211  1003.03 shall be the average at the school level.
 2212         4. Section 1012.22(1)(c), relating to compensation and
 2213  salary schedules.
 2214         5. Section 1012.33(5), relating to workforce reductions.
 2215         6. Section 1012.335, relating to contracts with
 2216  instructional personnel hired on or after July 1, 2011.
 2217         7. Section 1012.34, relating to the substantive
 2218  requirements for performance evaluations for instructional
 2219  personnel and school administrators.
 2220         8. Section 1006.12, relating to safe-school officers.
 2221         9. Section 1006.07(7), relating to threat management
 2222  assessment teams.
 2223         10. Section 1006.07(9), relating to School Environmental
 2224  Safety Incident Reporting.
 2225         11. Section 1006.07(10), relating to reporting of
 2226  involuntary examinations.
 2227         12. Section 1006.1493, relating to the Florida Safe Schools
 2228  Assessment Tool.
 2229         13. Section 1006.07(6)(d), relating to adopting an active
 2230  assailant response plan.
 2231         14. Section 943.082(4)(b), relating to the mobile
 2232  suspicious activity reporting tool.
 2233         15. Section 1012.584, relating to youth mental health
 2234  awareness and assistance training.
 2235         Section 35. For the 2023-2024 fiscal year, the sum of $1.5
 2236  million in recurring funds from the General Revenue Fund is
 2237  appropriated to the Department of Law Enforcement to implement a
 2238  grant program for local law enforcement agencies to provide
 2239  firearm safety training. The department shall develop a process
 2240  and guidelines for the disbursement of funds appropriated in
 2241  this section. Local law enforcement grant recipients shall
 2242  report documentation on the use of training funds, in a form and
 2243  manner determined by the department.
 2244         Section 36. For the 2023-2024 fiscal year, eight full-time
 2245  equivalent positions, with associated salary rate of 582,000,
 2246  are authorized and the sums of $1,207,321 in recurring funds and
 2247  $70,525 in nonrecurring funds from the General Revenue Fund are
 2248  appropriated to the Department of Education to fund new and
 2249  existing positions and additional workload expenses within the
 2250  Office of Safe Schools.
 2251         Section 37. For the 2023-2024 fiscal year, the sum of
 2252  $400,000 in recurring funds from the General Revenue Fund is
 2253  appropriated to the Department of Education to fund the Office
 2254  of Safe Schools to update the existing school safety training
 2255  infrastructure.
 2256         Section 38. For the 2023-2024 fiscal year, the sums of $5
 2257  million in recurring funds and $7 million in nonrecurring funds
 2258  from the General Revenue Fund are appropriated to the Department
 2259  of Education to competitively procure for the development or
 2260  acquisition of a cloud-based secure statewide information
 2261  sharing system that meets the requirements of the threat
 2262  management portal as prescribed in this act.
 2263         Section 39. For the 2023-2024 fiscal year, the sums of $1.5
 2264  million in recurring funds and $1.5 million in nonrecurring
 2265  funds from the General Revenue Fund are appropriated to the
 2266  Department of Education to competitively procure for the
 2267  development or acquisition of a cloud-based secure School
 2268  Environmental Safety Incident Reporting (SESIR) system.
 2269         Section 40. For the 2023-2024 fiscal year, the sum of $42
 2270  million in nonrecurring funds from the General Revenue Fund is
 2271  appropriated to the Department of Education for school hardening
 2272  grant programs to improve the physical security of school
 2273  buildings based on the security risk assessment required
 2274  pursuant to s. 1006.1493, Florida Statutes. By December 31,
 2275  2023, school districts and charter schools receiving school
 2276  hardening grant program funds shall report to the Department of
 2277  Education, in a format prescribed by the department, the total
 2278  estimated costs of their unmet school campus hardening needs as
 2279  identified by the Florida Safe Schools Assessment Tool (FSSAT)
 2280  conducted pursuant to s. 1006.1493, Florida Statutes. The report
 2281  should include a prioritized list of school hardening project
 2282  needs by each school district or charter school and an expected
 2283  timeframe for implementing those projects. In accordance with
 2284  ss. 119.071(3)(a) and 281.301, Florida Statutes, data and
 2285  information related to security risk assessments administered
 2286  pursuant to s. 1006.1493, Florida Statutes, are confidential and
 2287  exempt from public records requirements. Funds may be used only
 2288  for capital expenditures. Funds shall be allocated initially
 2289  based on each district’s capital outlay full-time equivalent
 2290  (FTE) and charter school FTE. No district shall be allocated
 2291  less than $42,000. Funds shall be provided based on a district’s
 2292  application, which must be submitted to the Department of
 2293  Education by February 1, 2024.
 2294         Section 41. Except as otherwise expressly provided in this
 2295  act and except for this section, which shall take effect upon
 2296  this act becoming a law, this act shall take effect July 1,
 2297  2023.