Florida Senate - 2023                              CS for SB 150
       
       
        
       By the Committee on Fiscal Policy; and Senators Collins,
       Gruters, Martin, and Hooper
       
       
       
       
       594-02393-23                                           2023150c1
    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; specifying that the
   19         state bears the burden of proof for certain
   20         violations; creating s. 790.013, F.S.; requiring a
   21         person who is carrying a concealed weapon or concealed
   22         firearm without a license to carry valid
   23         identification and display such identification upon
   24         demand by a law enforcement officer; providing a
   25         noncriminal penalty; prohibiting a person who is
   26         carrying a concealed weapon or concealed firearm
   27         without a license from carrying such weapon or firearm
   28         in specified locations; amending s. 790.015, F.S.;
   29         authorizing a nonresident to carry a concealed weapon
   30         or concealed firearm in this state if he or she meets
   31         the same requirements as a resident; removing a
   32         requirement that limits recognition of concealed
   33         firearm licenses to those states that honor Florida
   34         concealed weapon or concealed firearm licenses;
   35         amending s. 790.052, F.S.; conforming provisions to
   36         changes made by the act; amending s. 790.053, F.S.;
   37         specifying that it is not a violation of specified
   38         provisions for persons authorized to carry a concealed
   39         weapon or concealed firearm without a license to
   40         briefly and openly display a firearm under specified
   41         circumstances; amending s. 790.06, F.S.; defining the
   42         term “concealed weapon or concealed firearm”; removing
   43         a requirement that a person who is licensed to carry a
   44         concealed weapon or concealed firearm must carry such
   45         license while he or she is in actual possession of a
   46         concealed weapon or concealed firearm; revising
   47         legislative findings; making technical changes;
   48         amending s. 790.0655, F.S.; making technical changes;
   49         amending s. 790.115, F.S.; providing that a person who
   50         is authorized to carry a concealed weapon or concealed
   51         firearm without a license is subject to specified
   52         penalties for possessing such weapon or firearm at a
   53         school-sponsored event or on school property;
   54         conforming provisions to changes made by the act;
   55         revising applicability; repealing s. 790.145, F.S.,
   56         relating to the possession of firearms or destructive
   57         devices within the premises of pharmacies; amending s.
   58         790.25, F.S.; providing that a person who is
   59         authorized to carry a concealed weapon or concealed
   60         firearm may carry such weapon or firearm on his or her
   61         person in a private conveyance under certain
   62         circumstances; conforming provisions to changes made
   63         by the act; making technical changes; amending s.
   64         790.251, F.S.; revising the definition of the term
   65         “employee” to include any person who is authorized to
   66         carry a concealed weapon or concealed firearm;
   67         prohibiting an employer from conditioning employment
   68         upon the fact that an employee or a prospective
   69         employee is authorized to carry a concealed weapon or
   70         concealed firearm; amending s. 790.31, F.S.; removing
   71         the definition of the term “handgun”; creating s.
   72         943.6873, F.S.; requiring each law enforcement agency
   73         in this state to create and maintain an active
   74         assailant response policy by a specified date;
   75         providing requirements for the policy; amending s.
   76         1001.212, F.S.; requiring the Office of Safe Schools
   77         to develop a behavioral threat management operational
   78         process by a specified date; providing requirements
   79         for the process; revising provisions requiring the
   80         office to develop a Florida-specific behavioral threat
   81         assessment instrument by a specified date; revising
   82         requirements for the instrument; requiring the office
   83         to develop, host, maintain, and administer a threat
   84         management portal by a specified date; providing
   85         requirements for the threat management portal;
   86         providing a noncriminal penalty for an individual
   87         using the threat management portal for an unauthorized
   88         purpose; deleting provisions providing for the
   89         Statewide Threat Assessment Database Workgroup;
   90         authorizing the State Board of Education to adopt
   91         emergency rules; amending s. 1002.42, F.S.;
   92         authorizing a private school to partner with a law
   93         enforcement agency or security agency for specified
   94         purposes; requiring a private school that establishes
   95         a safe-school officer to comply with specified
   96         provisions of law; providing that the private school
   97         is responsible for certain implementation costs;
   98         amending s. 1003.25, F.S.; revising information
   99         included in verified reports of serious or recurrent
  100         behavior patterns; amending s. 1006.07, F.S.;
  101         redesignating threat assessment teams as threat
  102         management teams; requiring a charter school governing
  103         board to establish a threat management team; providing
  104         requirements for a threat management team; requiring
  105         the threat management team to prepare a specified
  106         report; authorizing the state board to adopt emergency
  107         rules; providing legislative findings; creating s.
  108         1006.121, F.S.; requiring the Department of Education
  109         to establish the Florida Safe Schools Canine Program;
  110         requiring the Office of Safe Schools to consult with
  111         specified entities; defining the term “firearm
  112         detection canine”; providing requirements for the
  113         program; requiring the State Board of Education to
  114         adopt rules; amending s. 1006.13, F.S.; conforming
  115         provisions to changes made by the act; providing
  116         reporting requirements for certain school safety
  117         incidents; amending ss. 790.1612, 810.095, 921.0022,
  118         921.0024, 943.051, 943.0585, 943.059, 985.11, and
  119         1002.33, F.S.; conforming provisions to changes made
  120         by the act; providing appropriations; providing
  121         effective dates.
  122          
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Subsections (1) and (4) of section 27.53,
  126  Florida Statutes, are amended to read:
  127         27.53 Appointment of assistants and other staff; method of
  128  payment.—
  129         (1) The public defender of each judicial circuit is
  130  authorized to employ and establish, in such numbers as
  131  authorized by the General Appropriations Act, assistant public
  132  defenders and other staff and personnel pursuant to s. 29.006,
  133  who shall be paid from funds appropriated for that purpose.
  134  Notwithstanding ss. 790.01 and 790.02, the provisions of s.
  135  790.01, s. 790.02, or s. 790.25(2)(a), an investigator employed
  136  by a public defender, while actually carrying out official
  137  duties, is authorized to carry a concealed weapon or concealed
  138  firearm weapons if the investigator complies with s.
  139  790.25(2)(o) s. 790.25(3)(o). However, such investigators are
  140  not eligible for membership in the Special Risk Class of the
  141  Florida Retirement System. The public defenders of all judicial
  142  circuits shall jointly develop a coordinated classification and
  143  pay plan which shall be submitted on or before January 1 of each
  144  year to the Justice Administrative Commission, the office of the
  145  President of the Senate, and the office of the Speaker of the
  146  House of Representatives. Such plan shall be developed in
  147  accordance with policies and procedures of the Executive Office
  148  of the Governor established in s. 216.181. Each assistant public
  149  defender appointed by a public defender under this section shall
  150  serve at the pleasure of the public defender. Each investigator
  151  employed by a public defender shall have full authority to serve
  152  any witness subpoena or court order issued, by any court or
  153  judge within the judicial circuit served by such public
  154  defender, in a criminal case in which such public defender has
  155  been appointed to represent the accused.
  156         (4) The five criminal conflict and civil regional counsels
  157  may employ and establish, in the numbers authorized by the
  158  General Appropriations Act, assistant regional counsels and
  159  other staff and personnel in each judicial district pursuant to
  160  s. 29.006, who shall be paid from funds appropriated for that
  161  purpose. Notwithstanding ss. 790.01 and 790.02, s. 790.01, s.
  162  790.02, or s. 790.25(2)(a), an investigator employed by an
  163  office of criminal conflict and civil regional counsel, while
  164  actually carrying out official duties, is authorized to carry a
  165  concealed weapon or concealed firearm weapons if the
  166  investigator complies with s. 790.25(2)(o) s. 790.25(3)(o).
  167  However, such investigators are not eligible for membership in
  168  the Special Risk Class of the Florida Retirement System. The
  169  five regional counsels shall jointly develop a coordinated
  170  classification and pay plan for submission to the Justice
  171  Administrative Commission, the President of the Senate, and the
  172  Speaker of the House of Representatives by January 1 of each
  173  year. The plan must be developed in accordance with policies and
  174  procedures of the Executive Office of the Governor established
  175  in s. 216.181. Each assistant regional counsel appointed by the
  176  regional counsel under this section shall serve at the pleasure
  177  of the regional counsel. Each investigator employed by the
  178  regional counsel shall have full authority to serve any witness
  179  subpoena or court order issued by any court or judge in a
  180  criminal case in which the regional counsel has been appointed
  181  to represent the accused.
  182         Section 2. Paragraph (k) of subsection (1) of section
  183  30.15, Florida Statutes, is amended to read:
  184         30.15 Powers, duties, and obligations.—
  185         (1) Sheriffs, in their respective counties, in person or by
  186  deputy, shall:
  187         (k) Assist district school boards and charter school
  188  governing boards in complying with, or private schools in
  189  exercising options in, s. 1006.12. A sheriff must, at a minimum,
  190  provide access to a Coach Aaron Feis Guardian Program to aid in
  191  the prevention or abatement of active assailant incidents on
  192  school premises, as required under this paragraph. Persons
  193  certified as school guardians pursuant to this paragraph have no
  194  authority to act in any law enforcement capacity except to the
  195  extent necessary to prevent or abate an active assailant
  196  incident.
  197         1.a. If a local school board has voted by a majority to
  198  implement a guardian program, the sheriff in that county shall
  199  establish a guardian program to provide training, pursuant to
  200  subparagraph 2., to school district, or charter school, or
  201  private school employees, either directly or through a contract
  202  with another sheriff’s office that has established a guardian
  203  program.
  204         b. A charter school governing board in a school district
  205  that has not voted, or has declined, to implement a guardian
  206  program may request the sheriff in the county to establish a
  207  guardian program for the purpose of training the charter school
  208  employees. If the county sheriff denies the request, the charter
  209  school governing board may contract with a sheriff that has
  210  established a guardian program to provide such training. The
  211  charter school governing board must notify the superintendent
  212  and the sheriff in the charter school’s county of the contract
  213  prior to its execution.
  214         c. A private school in a school district that has not
  215  voted, or has declined, to implement a guardian program may
  216  request that the sheriff in the county of the private school
  217  establish a guardian program for the purpose of training private
  218  school employees. If the county sheriff denies the request, the
  219  private school may contract with a sheriff from another county
  220  who has established a guardian program to provide such training.
  221  The private school must notify the sheriff in the private
  222  school’s county of the contract with a sheriff from another
  223  county before its execution. The private school is responsible
  224  for all training costs for a school guardian program. The
  225  sheriff providing such training must ensure that any moneys paid
  226  by a private school are not commingled with any funds provided
  227  by the state to the sheriff as reimbursement for screening
  228  related and training-related costs of any school district or
  229  charter school employee.
  230         d. The training program required in sub-subparagraph 2.b.
  231  is a standardized statewide curriculum, and each sheriff
  232  providing such training shall adhere to the course of
  233  instruction specified in that sub-subparagraph. This
  234  subparagraph does not prohibit a sheriff from providing
  235  additional training. A school guardian who has completed the
  236  training program required in sub-subparagraph 2.b. may not be
  237  required to attend another sheriff’s training program pursuant
  238  to that sub-subparagraph unless there has been at least a 1-year
  239  break in his or her employment as a guardian.
  240         e. The sheriff conducting the training pursuant to
  241  subparagraph 2. will be reimbursed for screening-related and
  242  training-related costs and for providing a one-time stipend of
  243  $500 to each school guardian who participates in the school
  244  guardian program.
  245         2. A sheriff who establishes a program shall consult with
  246  the Department of Law Enforcement on programmatic guiding
  247  principles, practices, and resources, and shall certify as
  248  school guardians, without the power of arrest, school employees,
  249  as specified in s. 1006.12(3), who:
  250         a. Hold a valid license issued under s. 790.06.
  251         b. Complete a 144-hour training program, consisting of 12
  252  hours of certified nationally recognized diversity training and
  253  132 total hours of comprehensive firearm safety and proficiency
  254  training conducted by Criminal Justice Standards and Training
  255  Commission-certified instructors, which must include:
  256         (I) Eighty hours of firearms instruction based on the
  257  Criminal Justice Standards and Training Commission’s Law
  258  Enforcement Academy training model, which must include at least
  259  10 percent but no more than 20 percent more rounds fired than
  260  associated with academy training. Program participants must
  261  achieve an 85 percent pass rate on the firearms training.
  262         (II) Sixteen hours of instruction in precision pistol.
  263         (III) Eight hours of discretionary shooting instruction
  264  using state-of-the-art simulator exercises.
  265         (IV) Sixteen Eight hours of instruction in active shooter
  266  or assailant scenarios.
  267         (V) Eight hours of instruction in defensive tactics.
  268         (VI) Four Twelve hours of instruction in legal issues.
  269         c. Pass a psychological evaluation administered by a
  270  psychologist licensed under chapter 490 and designated by the
  271  Department of Law Enforcement and submit the results of the
  272  evaluation to the sheriff’s office. The Department of Law
  273  Enforcement is authorized to provide the sheriff’s office with
  274  mental health and substance abuse data for compliance with this
  275  paragraph.
  276         d. Submit to and pass an initial drug test and subsequent
  277  random drug tests in accordance with the requirements of s.
  278  112.0455 and the sheriff’s office.
  279         e. Successfully complete ongoing training, weapon
  280  inspection, and firearm qualification on at least an annual
  281  basis.
  282  
  283  The sheriff who conducts the guardian training shall issue a
  284  school guardian certificate to individuals who meet the
  285  requirements of this section to the satisfaction of the sheriff,
  286  and shall maintain documentation of weapon and equipment
  287  inspections, as well as the training, certification, inspection,
  288  and qualification records of each school guardian certified by
  289  the sheriff. An individual who is certified under this paragraph
  290  may serve as a school guardian under s. 1006.12(3) only if he or
  291  she is appointed by the applicable school district
  292  superintendent, or charter school principal, or private school
  293  head of school.
  294         Section 3. Paragraph (b) of subsection (9) of section
  295  768.28, Florida Statutes, is amended to read:
  296         768.28 Waiver of sovereign immunity in tort actions;
  297  recovery limits; civil liability for damages caused during a
  298  riot; limitation on attorney fees; statute of limitations;
  299  exclusions; indemnification; risk management programs.—
  300         (9)
  301         (b) As used in this subsection, the term:
  302         1. “Employee” includes any volunteer firefighter.
  303         2. “Officer, employee, or agent” includes, but is not
  304  limited to, any health care provider when providing services
  305  pursuant to s. 766.1115; any nonprofit independent college or
  306  university located and chartered in this state which owns or
  307  operates an accredited medical school, and its employees or
  308  agents, when providing patient services pursuant to paragraph
  309  (10)(f); any public defender or her or his employee or agent,
  310  including an assistant public defender or an investigator; and
  311  any member of a Child Protection Team, as defined in s. 39.01,
  312  or any member of a threat management team, as described in s.
  313  1006.07(7) s. 39.01(13), when carrying out her or his duties as
  314  a team member under the control, direction, and supervision of
  315  the state or any of its agencies or subdivisions.
  316         Section 4. Section 790.001, Florida Statutes, is amended to
  317  read:
  318         790.001 Definitions.—As used in this chapter, except where
  319  the context otherwise requires:
  320         (2)(1) “Antique firearm” means any firearm manufactured in
  321  or before 1918 (including any matchlock, flintlock, percussion
  322  cap, or similar early type of ignition system) or replica
  323  thereof, whether actually manufactured before or after the year
  324  1918, and also any firearm using fixed ammunition manufactured
  325  in or before 1918, for which ammunition is no longer
  326  manufactured in the United States and is not readily available
  327  in the ordinary channels of commercial trade.
  328         (3)(2) “Concealed firearm” means any firearm, as defined in
  329  subsection (9) (6), which is carried on or about a person in
  330  such a manner as to conceal the firearm from the ordinary sight
  331  of another person.
  332         (4)(3)(a) “Concealed weapon” means any dirk, metallic
  333  knuckles, billie, tear gas gun, chemical weapon or device, or
  334  other deadly weapon carried on or about a person in such a
  335  manner as to conceal the weapon from the ordinary sight of
  336  another person.
  337         (b) “Tear gas gun” or “chemical weapon or device” means any
  338  weapon of such nature, except a device known as a “self-defense
  339  chemical spray.” “Self-defense chemical spray” means a device
  340  carried solely for purposes of lawful self-defense that is
  341  compact in size, designed to be carried on or about the person,
  342  and contains not more than two ounces of chemical.
  343         (6)(4) “Destructive device” means any bomb, grenade, mine,
  344  rocket, missile, pipebomb, or similar device containing an
  345  explosive, incendiary, or poison gas and includes any frangible
  346  container filled with an explosive, incendiary, explosive gas,
  347  or expanding gas, which is designed or so constructed as to
  348  explode by such filler and is capable of causing bodily harm or
  349  property damage; any combination of parts either designed or
  350  intended for use in converting any device into a destructive
  351  device and from which a destructive device may be readily
  352  assembled; any device declared a destructive device by the
  353  Bureau of Alcohol, Tobacco, and Firearms; any type of weapon
  354  which will, is designed to, or may readily be converted to expel
  355  a projectile by the action of any explosive and which has a
  356  barrel with a bore of one-half inch or more in diameter; and
  357  ammunition for such destructive devices, but not including
  358  shotgun shells or any other ammunition designed for use in a
  359  firearm other than a destructive device. “Destructive device”
  360  does not include:
  361         (a) A device which is not designed, redesigned, used, or
  362  intended for use as a weapon;
  363         (b) Any device, although originally designed as a weapon,
  364  which is redesigned so that it may be used solely as a
  365  signaling, line-throwing, safety, or similar device;
  366         (c) Any shotgun other than a short-barreled shotgun; or
  367         (d) Any nonautomatic rifle (other than a short-barreled
  368  rifle) generally recognized or particularly suitable for use for
  369  the hunting of big game.
  370         (8)(5) “Explosive” means any chemical compound or mixture
  371  that has the property of yielding readily to combustion or
  372  oxidation upon application of heat, flame, or shock, including
  373  but not limited to dynamite, nitroglycerin, trinitrotoluene, or
  374  ammonium nitrate when combined with other ingredients to form an
  375  explosive mixture, blasting caps, and detonators; but not
  376  including:
  377         (a) Shotgun shells, cartridges, or ammunition for firearms;
  378         (b) Fireworks as defined in s. 791.01;
  379         (c) Smokeless propellant powder or small arms ammunition
  380  primers, if possessed, purchased, sold, transported, or used in
  381  compliance with s. 552.241;
  382         (d) Black powder in quantities not to exceed that
  383  authorized by chapter 552, or by any rules adopted thereunder by
  384  the Department of Financial Services, when used for, or intended
  385  to be used for, the manufacture of target and sporting
  386  ammunition or for use in muzzle-loading flint or percussion
  387  weapons.
  388  
  389  The exclusions contained in paragraphs (a)-(d) do not apply to
  390  the term “explosive” as used in the definition of “firearm” in
  391  subsection (9) (6).
  392         (9)(6) “Firearm” means any weapon (including a starter gun)
  393  which will, is designed to, or may readily be converted to expel
  394  a projectile by the action of an explosive; the frame or
  395  receiver of any such weapon; any firearm muffler or firearm
  396  silencer; any destructive device; or any machine gun. The term
  397  “firearm” does not include an antique firearm unless the antique
  398  firearm is used in the commission of a crime.
  399         (11)(7) “Indictment” means an indictment or an information
  400  in any court under which a crime punishable by imprisonment for
  401  a term exceeding 1 year may be prosecuted.
  402         (12)(8) “Law enforcement officer” means:
  403         (a) All officers or employees of the United States or the
  404  State of Florida, or any agency, commission, department, board,
  405  division, municipality, or subdivision thereof, who have
  406  authority to make arrests;
  407         (b) Officers or employees of the United States or the State
  408  of Florida, or any agency, commission, department, board,
  409  division, municipality, or subdivision thereof, duly authorized
  410  to carry a concealed weapon;
  411         (c) Members of the Armed Forces of the United States, the
  412  organized reserves, state militia, or Florida National Guard,
  413  when on duty, when preparing themselves for, or going to or
  414  from, military duty, or under orders;
  415         (d) An employee of the state prisons or correctional
  416  systems who has been so designated by the Department of
  417  Corrections or by a warden of an institution;
  418         (e) All peace officers;
  419         (f) All state attorneys and United States attorneys and
  420  their respective assistants and investigators.
  421         (13)(9) “Machine gun” means any firearm, as defined herein,
  422  which shoots, or is designed to shoot, automatically more than
  423  one shot, without manually reloading, by a single function of
  424  the trigger.
  425         (10) “Handgun” means a firearm capable of being carried and
  426  used by one hand, such as a pistol or revolver.
  427         (17)(10) “Short-barreled shotgun” means a shotgun having
  428  one or more barrels less than 18 inches in length and any weapon
  429  made from a shotgun (whether by alteration, modification, or
  430  otherwise) if such weapon as modified has an overall length of
  431  less than 26 inches.
  432         (16)(11) “Short-barreled rifle” means a rifle having one or
  433  more barrels less than 16 inches in length and any weapon made
  434  from a rifle (whether by alteration, modification, or otherwise)
  435  if such weapon as modified has an overall length of less than 26
  436  inches.
  437         (18)(12) “Slungshot” means a small mass of metal, stone,
  438  sand, or similar material fixed on a flexible handle, strap, or
  439  the like, used as a weapon.
  440         (20)(13) “Weapon” means any dirk, knife, metallic knuckles,
  441  slungshot, billie, tear gas gun, chemical weapon or device, or
  442  other deadly weapon except a firearm or a common pocketknife,
  443  plastic knife, or blunt-bladed table knife.
  444         (7)(14) “Electric weapon or device” means any device which,
  445  through the application or use of electrical current, is
  446  designed, redesigned, used, or intended to be used for offensive
  447  or defensive purposes, the destruction of life, or the
  448  infliction of injury.
  449         (5)(15) “Dart-firing stun gun” means any device having one
  450  or more darts that are capable of delivering an electrical
  451  current.
  452         (14)(16) “Readily accessible for immediate use” means that
  453  a firearm or other weapon is carried on the person or within
  454  such close proximity and in such a manner that it can be
  455  retrieved and used as easily and quickly as if carried on the
  456  person.
  457         (15)(17) “Securely encased” means in a glove compartment,
  458  whether or not locked; snapped in a holster; in a gun case,
  459  whether or not locked; in a zippered gun case; or in a closed
  460  box or container which requires a lid or cover to be opened for
  461  access.
  462         (19)(18) “Sterile area” means the area of an airport to
  463  which access is controlled by the inspection of persons and
  464  property in accordance with federally approved airport security
  465  programs.
  466         (1)(19) “Ammunition” means an object consisting of all of
  467  the following:
  468         (a) A fixed metallic or nonmetallic hull or casing
  469  containing a primer.
  470         (b) One or more projectiles, one or more bullets, or shot.
  471         (c) Gunpowder.
  472  
  473  All of the specified components must be present for an object to
  474  be ammunition.
  475         Section 5. Section 790.01, Florida Statutes, is amended to
  476  read:
  477         790.01 Unlicensed Carrying of concealed weapons or
  478  concealed firearms.—
  479         (1) A person is authorized to carry a concealed weapon or
  480  concealed firearm, as that term is defined in s. 790.06(1), if
  481  he or she:
  482         (a) Is licensed under s. 790.06; or
  483         (b) Is not licensed under s. 790.06, but otherwise
  484  satisfies the criteria for receiving and maintaining such a
  485  license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10).
  486         (2)(1) Except as provided in subsection (5) (3), a person
  487  who does not meet the criteria in subsection (1) is not licensed
  488  under s. 790.06 and who carries a concealed weapon or electric
  489  weapon or device, as those terms are defined in s. 790.001, on
  490  or about his or her person commits a misdemeanor of the first
  491  degree, punishable as provided in s. 775.082 or s. 775.083.
  492         (3)(2) Except as provided in subsection (5) (3), a person
  493  who does not meet the criteria in subsection (1) is not licensed
  494  under s. 790.06 and who carries a concealed firearm, as that
  495  term is defined in s. 790.001, on or about his or her person
  496  commits a felony of the third degree, punishable as provided in
  497  s. 775.082, s. 775.083, or s. 775.084.
  498         (4) In any prosecution for a violation of subsection (2) or
  499  subsection (3), the state bears the burden of proving, as an
  500  element of the offense, both that a person is not licensed under
  501  s. 790.06 and that he or she is ineligible to receive and
  502  maintain such a license under the criteria listed in s.
  503  790.06(2)(a)-(f) and (i)-(n), (3), and (10).
  504         (5)(3) A person does not violate this section if he or she
  505  This section does not apply to:
  506         (a) Is lawfully in possession of A person who carries a
  507  concealed weapon or a concealed firearm, as those terms are
  508  defined in s. 790.001, or a person who may lawfully possess a
  509  firearm and who carries such a concealed weapon or concealed
  510  firearm, on or about his or her person while in the act of
  511  evacuating during a mandatory evacuation order issued during a
  512  state of emergency declared by the Governor pursuant to chapter
  513  252 or declared by a local authority pursuant to chapter 870. As
  514  used in this subsection, the term “in the act of evacuating”
  515  means the immediate and urgent movement of a person away from
  516  the evacuation zone within 48 hours after a mandatory evacuation
  517  is ordered. The 48 hours may be extended by an order issued by
  518  the Governor.
  519         (b) A person who Carries for purposes of lawful self
  520  defense, in a concealed manner:
  521         1. A self-defense chemical spray.
  522         2. A nonlethal stun gun or dart-firing stun gun or other
  523  nonlethal electric weapon or device that is designed solely for
  524  defensive purposes.
  525         (6)(4) This section does not preclude any prosecution for
  526  the use of an electric weapon or device, a dart-firing stun gun,
  527  or a self-defense chemical spray during the commission of any
  528  criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
  529  790.235, or for any other criminal offense.
  530         Section 6. Section 790.013, Florida Statutes, is created to
  531  read:
  532         790.013 Carrying of concealed weapons or concealed firearms
  533  without a license.—A person who carries a concealed weapon or
  534  concealed firearm without a license as authorized under s.
  535  790.01(1)(b):
  536         (1)(a) Must carry valid identification at all times when he
  537  or she is in actual possession of a concealed weapon or
  538  concealed firearm and must display such identification upon
  539  demand by a law enforcement officer.
  540         (b) A violation of this subsection is a noncriminal
  541  violation punishable by a $25 fine, payable to the clerk of the
  542  court.
  543         (2) Is subject to s. 790.06(12) in the same manner as a
  544  person who is licensed to carry a concealed weapon or concealed
  545  firearm.
  546         Section 7. Section 790.015, Florida Statutes, is amended to
  547  read:
  548         790.015 Nonresidents who are United States citizens and
  549  hold a concealed weapons license in another state; reciprocity.—
  550         (1) Notwithstanding s. 790.01, A nonresident of Florida may
  551  carry a concealed weapon or concealed firearm, as that term is
  552  defined in s. 790.06(1), while in this state if the nonresident
  553  is a resident of the United States who is 21 years of age or
  554  older and he or she:
  555         (a) Satisfies the criteria for receiving and maintaining a
  556  license to carry a concealed weapon or concealed firearm under
  557  s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10); or
  558         (a) Is 21 years of age or older.
  559         (b) Has in his or her immediate possession a valid license
  560  to carry a concealed weapon or concealed firearm issued to the
  561  nonresident in his or her state of residence.
  562         (c) Is a resident of the United States.
  563         (2) A nonresident is subject to the same laws and
  564  restrictions with respect to carrying a concealed weapon or
  565  concealed firearm as a resident of Florida who is so licensed.
  566         (3) If the resident of another state who is the holder of a
  567  valid license to carry a concealed weapon or concealed firearm
  568  issued in another state establishes legal residence in this
  569  state by:
  570         (a) Registering to vote;
  571         (b) Making a statement of domicile pursuant to s. 222.17;
  572  or
  573         (c) Filing for homestead tax exemption on property in this
  574  state,
  575  
  576  the license shall be recognized as valid remain in effect for 90
  577  days following the date on which the holder of the license
  578  establishes legal state residence.
  579         (4) This section applies only to nonresident concealed
  580  weapon or concealed firearm licenseholders from states that
  581  honor Florida concealed weapon or concealed firearm licenses.
  582         (4)(5) The requirement in subsection (1) that a nonresident
  583  be 21 years of age or older to carry a concealed weapon or
  584  concealed firearm of paragraph (1)(a) does not apply to a person
  585  who:
  586         (a) Is a servicemember, as defined in s. 250.01; or
  587         (b) Is a veteran of the United States Armed Forces who was
  588  discharged under honorable conditions.
  589         Section 8. Paragraph (d) of subsection (1) of section
  590  790.052, Florida Statutes, is amended to read:
  591         790.052 Carrying concealed firearms; off-duty law
  592  enforcement officers.—
  593         (1)
  594         (d) This section does not limit the right of a law
  595  enforcement officer, correctional officer, or correctional
  596  probation officer to carry a concealed firearm off duty as a
  597  private citizen under the exemption provided in s. 790.06 that
  598  allows a law enforcement officer, correctional officer, or
  599  correctional probation officer as defined in s. 943.10(1), (2),
  600  (3), (6), (7), (8), or (9) to carry a concealed firearm without
  601  a concealed weapon or concealed firearm license or as otherwise
  602  provided by law. The appointing or employing agency or
  603  department of an officer carrying a concealed firearm as a
  604  private citizen is under s. 790.06 shall not be liable for the
  605  use of the firearm in such capacity. This section does not limit
  606  Nothing herein limits the authority of the appointing or
  607  employing agency or department from establishing policies
  608  limiting law enforcement officers or correctional officers from
  609  carrying concealed firearms during off-duty hours in their
  610  capacity as appointees or employees of the agency or department.
  611         Section 9. Subsection (1) of section 790.053, Florida
  612  Statutes, is amended to read:
  613         790.053 Open carrying of weapons.—
  614         (1) Except as otherwise provided by law and in subsection
  615  (2), it is unlawful for any person to openly carry on or about
  616  his or her person any firearm or electric weapon or device. It
  617  is not a violation of this section for a person who carries
  618  licensed to carry a concealed firearm as authorized provided in
  619  s. 790.01(1) s. 790.06(1), and who is lawfully carrying a
  620  firearm in a concealed manner, to briefly and openly display the
  621  firearm to the ordinary sight of another person, unless the
  622  firearm is intentionally displayed in an angry or threatening
  623  manner, not in necessary self-defense.
  624         Section 10. Subsection (1), paragraphs (g) and (h) of
  625  subsection (2), paragraph (e) of subsection (4), paragraph (b)
  626  of subsection (5), paragraph (f) of subsection (6), and
  627  subsections (9), (10), (12), (13), and (16) of section 790.06,
  628  Florida Statutes, are amended to read:
  629         790.06 License to carry concealed weapon or concealed
  630  firearm.—
  631         (1)(a) For the purposes of this section, the term
  632  “concealed weapon or concealed firearm” means a handgun,
  633  electric weapon or device, tear gas gun, knife, or billie, but
  634  does not include a machine gun as that term is defined in s.
  635  790.001.
  636         (b) The Department of Agriculture and Consumer Services is
  637  authorized to issue licenses to carry concealed weapons or
  638  concealed firearms to persons qualified as provided in this
  639  section. Each such license must bear a color photograph of the
  640  licensee. For the purposes of this section, concealed weapons or
  641  concealed firearms are defined as a handgun, electronic weapon
  642  or device, tear gas gun, knife, or billie, but the term does not
  643  include a machine gun as defined in s. 790.001(9).
  644         (c) Such Licenses are shall be valid throughout the state
  645  for a period of 7 years after from the date of issuance. A
  646  licensee must carry Any person in compliance with the terms of
  647  such license may carry a concealed weapon or concealed firearm
  648  notwithstanding the provisions of s. 790.01. The licensee must
  649  carry the license, together with valid identification, at all
  650  times in which the licensee is in actual possession of a
  651  concealed weapon or concealed firearm and must display such both
  652  the license and proper identification upon demand by a law
  653  enforcement officer. Violations of the provisions of this
  654  subsection shall constitute a noncriminal violation with a
  655  penalty of $25, payable to the clerk of the court.
  656         (2) The Department of Agriculture and Consumer Services
  657  shall issue a license if the applicant:
  658         (g) Desires a legal means to carry a concealed weapon or
  659  concealed firearm for lawful self-defense;
  660         (h) Demonstrates competence with a firearm by any one of
  661  the following:
  662         1. Completion of any hunter education or hunter safety
  663  course approved by the Fish and Wildlife Conservation Commission
  664  or a similar agency of another state;
  665         2. Completion of any National Rifle Association firearms
  666  safety or training course;
  667         3. Completion of any firearms safety or training course or
  668  class available to the general public offered by a law
  669  enforcement agency, junior college, college, or private or
  670  public institution or organization or firearms training school,
  671  using instructors certified by the National Rifle Association,
  672  Criminal Justice Standards and Training Commission, or the
  673  Department of Agriculture and Consumer Services;
  674         4. Completion of any law enforcement firearms safety or
  675  training course or class offered for security guards,
  676  investigators, special deputies, or any division or subdivision
  677  of a law enforcement agency or security enforcement;
  678         5. Presents evidence of equivalent experience with a
  679  firearm through participation in organized shooting competition
  680  or military service;
  681         6. Is licensed or has been licensed to carry a concealed
  682  weapon or concealed firearm in this state or a county or
  683  municipality of this state, unless such license has been revoked
  684  for cause; or
  685         7. Completion of any firearms training or safety course or
  686  class conducted by a state-certified or National Rifle
  687  Association certified firearms instructor;
  688  
  689  A photocopy of a certificate of completion of any of the courses
  690  or classes; an affidavit from the instructor, school, club,
  691  organization, or group that conducted or taught such course or
  692  class attesting to the completion of the course or class by the
  693  applicant; or a copy of any document that shows completion of
  694  the course or class or evidences participation in firearms
  695  competition shall constitute evidence of qualification under
  696  this paragraph. A person who conducts a course pursuant to
  697  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
  698  an instructor, attests to the completion of such courses, must
  699  maintain records certifying that he or she observed the student
  700  safely handle and discharge the firearm in his or her physical
  701  presence and that the discharge of the firearm included live
  702  fire using a firearm and ammunition as defined in s. 790.001;
  703         (4) The application shall be completed, under oath, on a
  704  form adopted by the Department of Agriculture and Consumer
  705  Services and shall include:
  706         (e) A statement that the applicant desires a concealed
  707  weapon or concealed firearms license as a means of lawful self
  708  defense; and
  709         (5) The applicant shall submit to the Department of
  710  Agriculture and Consumer Services or an approved tax collector
  711  pursuant to s. 790.0625:
  712         (b) A nonrefundable license fee of up to $55 if he or she
  713  has not previously been issued a statewide license or of up to
  714  $45 for renewal of a statewide license. The cost of processing
  715  fingerprints as required in paragraph (c) shall be borne by the
  716  applicant. However, an individual holding an active
  717  certification from the Criminal Justice Standards and Training
  718  Commission as a law enforcement officer, correctional officer,
  719  or correctional probation officer as defined in s. 943.10(1),
  720  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
  721  requirements of this section. If such individual wishes to
  722  receive a concealed weapon or concealed firearm license, he or
  723  she is exempt from the background investigation and all
  724  background investigation fees but must pay the current license
  725  fees regularly required to be paid by nonexempt applicants.
  726  Further, a law enforcement officer, a correctional officer, or a
  727  correctional probation officer as defined in s. 943.10(1), (2),
  728  or (3) is exempt from the required fees and background
  729  investigation for 1 year after his or her retirement.
  730         (6)
  731         (f) The Department of Agriculture and Consumer Services
  732  shall, upon receipt of a completed application and the
  733  identifying information required under paragraph (5)(f),
  734  expedite the processing of a servicemember’s or a veteran’s
  735  concealed weapon or concealed firearm license application.
  736         (9) In the event that a concealed weapon or concealed
  737  firearm license is lost or destroyed, the license shall be
  738  automatically invalid, and the person to whom the same was
  739  issued may, upon payment of $15 to the Department of Agriculture
  740  and Consumer Services, obtain a duplicate, or substitute
  741  thereof, upon furnishing a notarized statement to the Department
  742  of Agriculture and Consumer Services that such license has been
  743  lost or destroyed.
  744         (10) A license issued under this section shall be suspended
  745  or revoked pursuant to chapter 120 if the licensee:
  746         (a) Is found to be ineligible under the criteria set forth
  747  in subsection (2);
  748         (b) Develops or sustains a physical infirmity which
  749  prevents the safe handling of a weapon or firearm;
  750         (c) Is convicted of a felony which would make the licensee
  751  ineligible to possess a firearm pursuant to s. 790.23;
  752         (d) Is found guilty of a crime under the provisions of
  753  chapter 893, or similar laws of any other state, relating to
  754  controlled substances;
  755         (e) Is committed as a substance abuser under chapter 397,
  756  or is deemed a habitual offender under s. 856.011(3), or similar
  757  laws of any other state;
  758         (f) Is convicted of a second violation of s. 316.193, or a
  759  similar law of another state, within 3 years after a first
  760  conviction of such section or similar law of another state, even
  761  though the first violation may have occurred before the date on
  762  which the application was submitted;
  763         (g) Is adjudicated an incapacitated person under s.
  764  744.331, or similar laws of any other state; or
  765         (h) Is committed to a mental institution under chapter 394,
  766  or similar laws of any other state.
  767  
  768  Notwithstanding s. 120.60(5), service of a notice of the
  769  suspension or revocation of a concealed weapon or concealed
  770  firearm license must be given by either certified mail, return
  771  receipt requested, to the licensee at his or her last known
  772  mailing address furnished to the Department of Agriculture and
  773  Consumer Services, or by personal service. If a notice given by
  774  certified mail is returned as undeliverable, a second attempt
  775  must be made to provide notice to the licensee at that address,
  776  by either first-class mail in an envelope, postage prepaid,
  777  addressed to the licensee at his or her last known mailing
  778  address furnished to the department, or, if the licensee has
  779  provided an e-mail address to the department, by e-mail. Such
  780  mailing by the department constitutes notice, and any failure by
  781  the licensee to receive such notice does not stay the effective
  782  date or term of the suspension or revocation. A request for
  783  hearing must be filed with the department within 21 days after
  784  notice is received by personal delivery, or within 26 days after
  785  the date the department deposits the notice in the United States
  786  mail (21 days plus 5 days for mailing). The department shall
  787  document its attempts to provide notice, and such documentation
  788  is admissible in the courts of this state and constitutes
  789  sufficient proof that notice was given.
  790         (12)(a) A license issued under this section does not
  791  authorize any person to openly carry a handgun or carry a
  792  concealed weapon or concealed firearm into:
  793         1. Any place of nuisance as defined in s. 823.05;
  794         2. Any police, sheriff, or highway patrol station;
  795         3. Any detention facility, prison, or jail;
  796         4. Any courthouse;
  797         5. Any courtroom, except that nothing in this section
  798  precludes would preclude a judge from carrying a concealed
  799  weapon or concealed firearm or determining who will carry a
  800  concealed weapon or concealed firearm in his or her courtroom;
  801         6. Any polling place;
  802         7. Any meeting of the governing body of a county, public
  803  school district, municipality, or special district;
  804         8. Any meeting of the Legislature or a committee thereof;
  805         9. Any school, college, or professional athletic event not
  806  related to firearms;
  807         10. Any elementary or secondary school facility or
  808  administration building;
  809         11. Any career center;
  810         12. Any portion of an establishment licensed to dispense
  811  alcoholic beverages for consumption on the premises, which
  812  portion of the establishment is primarily devoted to such
  813  purpose;
  814         13. Any college or university facility unless the licensee
  815  is a registered student, employee, or faculty member of such
  816  college or university and the weapon is a stun gun or nonlethal
  817  electric weapon or device designed solely for defensive purposes
  818  and the weapon does not fire a dart or projectile;
  819         14. The inside of the passenger terminal and sterile area
  820  of any airport, provided that no person shall be prohibited from
  821  carrying any legal firearm into the terminal, which firearm is
  822  encased for shipment for purposes of checking such firearm as
  823  baggage to be lawfully transported on any aircraft; or
  824         15. Any place where the carrying of firearms is prohibited
  825  by federal law.
  826         (b) A person licensed under this section is shall not be
  827  prohibited from carrying or storing a firearm in a vehicle for
  828  lawful purposes.
  829         (c) This section does not modify the terms or conditions of
  830  s. 790.251(7).
  831         (d) Any person who knowingly and willfully violates any
  832  provision of this subsection commits a misdemeanor of the second
  833  degree, punishable as provided in s. 775.082 or s. 775.083.
  834         (13) Notwithstanding any other law, for the purposes of
  835  safety, security, personal protection, or any other lawful
  836  purpose, a person licensed under this section may carry a
  837  concealed weapon or concealed firearm on property owned, rented,
  838  leased, borrowed, or lawfully used by a church, synagogue, or
  839  other religious institution. This subsection does not limit the
  840  private property rights of a church, synagogue, or other
  841  religious institution to exercise control over property that the
  842  church, synagogue, or other religious institution owns, rents,
  843  leases, borrows, or lawfully uses.
  844         (16) The Legislature finds as a matter of public policy and
  845  fact that it is necessary to provide statewide uniform standards
  846  for issuing licenses to carry concealed weapons and concealed
  847  firearms for self-defense and finds it necessary to occupy the
  848  field of regulation of the bearing of concealed weapons or
  849  concealed firearms for self-defense to ensure that no honest,
  850  law-abiding person who qualifies under the provisions of this
  851  section is subjectively or arbitrarily denied his or her rights.
  852  The Department of Agriculture and Consumer Services shall
  853  implement and administer the provisions of this section. The
  854  Legislature does not delegate to the Department of Agriculture
  855  and Consumer Services the authority to regulate or restrict the
  856  issuing of licenses provided for in this section, beyond those
  857  provisions contained in this section. Subjective or arbitrary
  858  actions or rules which encumber the issuing process by placing
  859  burdens on the applicant beyond those sworn statements and
  860  specified documents detailed in this section or which create
  861  restrictions beyond those specified in this section are in
  862  conflict with the intent of this section and are prohibited.
  863  This section shall be liberally construed to carry out the
  864  constitutional right to bear arms for self-defense. This section
  865  is supplemental and additional to existing rights to bear arms,
  866  and nothing in this section shall impair or diminish such
  867  rights.
  868         Section 11. Paragraph (a) of subsection (2) of section
  869  790.0655, Florida Statutes, is amended to read:
  870         790.0655 Purchase and delivery of firearms; mandatory
  871  waiting period; exceptions; penalties.—
  872         (2) The waiting period does not apply in the following
  873  circumstances:
  874         (a) When a firearm is being purchased by a holder of a
  875  concealed weapons or concealed firearms license issued under
  876  permit as defined in s. 790.06.
  877         Section 12. Subsection (1) and paragraphs (a), (b), (c),
  878  and (e) of subsection (2) of section 790.115, Florida Statutes,
  879  are amended to read:
  880         790.115 Possessing or discharging weapons or firearms at a
  881  school-sponsored event or on school property prohibited;
  882  penalties; exceptions.—
  883         (1) A person who exhibits any sword, sword cane, firearm,
  884  electric weapon or device, destructive device, or other weapon
  885  as defined in s. 790.001 s. 790.001(13), including a razor
  886  blade, box cutter, or common pocketknife, except as authorized
  887  in support of school-sanctioned activities, in the presence of
  888  one or more persons in a rude, careless, angry, or threatening
  889  manner and not in lawful self-defense, at a school-sponsored
  890  event or on the grounds or facilities of any school, school bus,
  891  or school bus stop, or within 1,000 feet of the real property
  892  that comprises a public or private elementary school, middle
  893  school, or secondary school, during school hours or during the
  894  time of a sanctioned school activity, commits a felony of the
  895  third degree, punishable as provided in s. 775.082, s. 775.083,
  896  or s. 775.084. This subsection does not apply to the exhibition
  897  of a firearm or weapon on private real property within 1,000
  898  feet of a school by the owner of such property or by a person
  899  whose presence on such property has been authorized, licensed,
  900  or invited by the owner.
  901         (2)(a) A person shall not possess any firearm, electric
  902  weapon or device, destructive device, or other weapon as defined
  903  in s. 790.001 s. 790.001(13), including a razor blade or box
  904  cutter, except as authorized in support of school-sanctioned
  905  activities, at a school-sponsored event or on the property of
  906  any school, school bus, or school bus stop; however, a person
  907  may carry a firearm:
  908         1. In a case to a firearms program, class or function which
  909  has been approved in advance by the principal or chief
  910  administrative officer of the school as a program or class to
  911  which firearms could be carried;
  912         2. In a case to a career center having a firearms training
  913  range; or
  914         3. In a vehicle pursuant to s. 790.25(4) s. 790.25(5);
  915  except that school districts may adopt written and published
  916  policies that waive the exception in this subparagraph for
  917  purposes of student and campus parking privileges.
  918  
  919  For the purposes of this section, “school” means any preschool,
  920  elementary school, middle school, junior high school, secondary
  921  school, career center, or postsecondary school, whether public
  922  or nonpublic.
  923         (b) Except as provided in paragraph (e), a person who
  924  willfully and knowingly possesses any electric weapon or device,
  925  destructive device, or other weapon as defined in s. 790.001 s.
  926  790.001(13), including a razor blade or box cutter, except as
  927  authorized in support of school-sanctioned activities, in
  928  violation of this subsection commits a felony of the third
  929  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  930  775.084.
  931         (c)1. Except as provided in paragraph (e), a person who
  932  willfully and knowingly possesses any firearm in violation of
  933  this subsection commits a felony of the third degree, punishable
  934  as provided in s. 775.082, s. 775.083, or s. 775.084.
  935         2. A person who stores or leaves a loaded firearm within
  936  the reach or easy access of a minor who obtains the firearm and
  937  commits a violation of subparagraph 1. commits a misdemeanor of
  938  the second degree, punishable as provided in s. 775.082 or s.
  939  775.083; except that this does not apply if the firearm was
  940  stored or left in a securely locked box or container or in a
  941  location which a reasonable person would have believed to be
  942  secure, or was securely locked with a firearm-mounted push
  943  button combination lock or a trigger lock; if the minor obtains
  944  the firearm as a result of an unlawful entry by any person; or
  945  to members of the Armed Forces, National Guard, or State
  946  Militia, or to police or other law enforcement officers, with
  947  respect to firearm possession by a minor which occurs during or
  948  incidental to the performance of their official duties.
  949         (e) A person who is authorized to carry a concealed weapon
  950  or concealed firearm under s. 790.01(1) and who willfully and
  951  knowingly violates paragraph (b) or subparagraph (c)1. commits a
  952  misdemeanor of the second degree, punishable as provided in s.
  953  775.082 or s. 775.083 The penalties of this subsection shall not
  954  apply to persons licensed under s. 790.06. Persons licensed
  955  under s. 790.06 shall be punished as provided in s. 790.06(12),
  956  except that a licenseholder who unlawfully discharges a weapon
  957  or firearm on school property as prohibited by this subsection
  958  commits a felony of the second degree, punishable as provided in
  959  s. 775.082, s. 775.083, or s. 775.084.
  960         Section 13. Section 790.145, Florida Statutes, is repealed.
  961         Section 14. Subsections (2), (3), and (5) of section
  962  790.25, Florida Statutes, are amended to read:
  963         790.25 Lawful ownership, possession, and use of firearms
  964  and other weapons.—
  965         (2) USES NOT AUTHORIZED.—
  966         (a) This section does not authorize carrying a concealed
  967  weapon without a permit, as prohibited by ss. 790.01 and 790.02.
  968         (b) The protections of this section do not apply to the
  969  following:
  970         1. A person who has been adjudged mentally incompetent, who
  971  is addicted to the use of narcotics or any similar drug, or who
  972  is a habitual or chronic alcoholic, or a person using weapons or
  973  firearms in violation of ss. 790.07-790.115, 790.145-790.19,
  974  790.22-790.24;
  975         2. Vagrants and other undesirable persons as defined in s.
  976  856.02;
  977         3. A person in or about a place of nuisance as defined in
  978  s. 823.05, unless such person is there for law enforcement or
  979  some other lawful purpose.
  980         (2)(3) LAWFUL USES.—Notwithstanding the provisions of ss.
  981  790.01, 790.053, and 790.06, do not apply in the following
  982  instances, and, despite such sections, it is lawful for the
  983  following persons may to own, possess, and lawfully use firearms
  984  and other weapons, ammunition, and supplies for lawful purposes
  985  if they are not otherwise prohibited from owning or possessing a
  986  firearm under state or federal law:
  987         (a) Members of the Militia, National Guard, Florida State
  988  Defense Force, Army, Navy, Air Force, Marine Corps, Space Force,
  989  Coast Guard, organized reserves, and other armed forces of the
  990  state and of the United States, when on duty, when training or
  991  preparing themselves for military duty, or while subject to
  992  recall or mobilization;
  993         (b) Citizens of this state subject to duty in the Armed
  994  Forces under s. 2, Art. X of the State Constitution, under
  995  chapters 250 and 251, and under federal laws, when on duty or
  996  when training or preparing themselves for military duty;
  997         (c) Persons carrying out or training for emergency
  998  management duties under chapter 252;
  999         (d) Sheriffs, marshals, prison or jail wardens, police
 1000  officers, Florida highway patrol officers, game wardens, revenue
 1001  officers, forest officials, special officers appointed under the
 1002  provisions of chapter 354, and other peace and law enforcement
 1003  officers and their deputies and assistants and full-time paid
 1004  peace officers of other states and of the Federal Government who
 1005  are carrying out official duties while in this state;
 1006         (e) Officers or employees of the state or United States
 1007  duly authorized to carry a concealed weapon or a concealed
 1008  firearm;
 1009         (f) Guards or messengers of common carriers, express
 1010  companies, armored car carriers, mail carriers, banks, and other
 1011  financial institutions, while actually employed in and about the
 1012  shipment, transportation, or delivery of any money, treasure,
 1013  bullion, bonds, or other thing of value within this state;
 1014         (g) Regularly enrolled members of any organization duly
 1015  authorized to purchase or receive weapons or firearms from the
 1016  United States or from this state, or regularly enrolled members
 1017  of clubs organized for target, skeet, or trap shooting, while at
 1018  or going to or from shooting practice; or regularly enrolled
 1019  members of clubs organized for modern or antique firearms
 1020  collecting, while such members are at or going to or from their
 1021  collectors’ gun shows, conventions, or exhibits;
 1022         (h) A person engaged in fishing, camping, or lawful hunting
 1023  or going to or returning from a fishing, camping, or lawful
 1024  hunting expedition;
 1025         (i) A person engaged in the business of manufacturing,
 1026  repairing, or dealing in firearms, or the agent or
 1027  representative of any such person while engaged in the lawful
 1028  course of such business;
 1029         (j) A person discharging a weapon or firearm firing weapons
 1030  for testing or target practice under safe conditions and in a
 1031  safe place not prohibited by law or going to or from such place;
 1032         (k) A person discharging a weapon or firearm firing weapons
 1033  in a safe and secure indoor range for testing and target
 1034  practice;
 1035         (l) A person traveling by private conveyance when the
 1036  weapon is securely encased or in a public conveyance when the
 1037  weapon or firearm is securely encased and not in the person’s
 1038  manual possession;
 1039         (m) A person while carrying a handgun pistol unloaded and
 1040  in a secure wrapper, concealed or otherwise, from the place of
 1041  purchase to his or her home or place of business or to a place
 1042  of repair or back to his or her home or place of business;
 1043         (n) A person possessing weapons or firearms arms at his or
 1044  her home or place of business;
 1045         (o) Investigators employed by the several public defenders
 1046  of the state, while actually carrying out official duties,
 1047  provided such investigators:
 1048         1. Are employed full time;
 1049         2. Meet the official training standards for firearms
 1050  established by the Criminal Justice Standards and Training
 1051  Commission as provided in s. 943.12(5) and the requirements of
 1052  ss. 493.6108(1)(a) and 943.13(1)-(4); and
 1053         3. Are individually designated by an affidavit of consent
 1054  signed by the employing public defender and filed with the clerk
 1055  of the circuit court in the county in which the employing public
 1056  defender resides.
 1057         (p) Investigators employed by the capital collateral
 1058  regional counsel, while actually carrying out official duties,
 1059  provided such investigators:
 1060         1. Are employed full time;
 1061         2. Meet the official training standards for firearms as
 1062  established by the Criminal Justice Standards and Training
 1063  Commission as provided in s. 943.12(1) and the requirements of
 1064  ss. 493.6108(1)(a) and 943.13(1)-(4); and
 1065         3. Are individually designated by an affidavit of consent
 1066  signed by the capital collateral regional counsel and filed with
 1067  the clerk of the circuit court in the county in which the
 1068  investigator is headquartered.
 1069         (q)1. A tactical medical professional who is actively
 1070  operating in direct support of a tactical operation by a law
 1071  enforcement agency provided that:
 1072         a. The tactical medical professional is lawfully able to
 1073  possess firearms and has an active concealed weapon or concealed
 1074  firearm license weapons permit issued pursuant to s. 790.06.
 1075         b. The tactical medical professional is appointed to a law
 1076  enforcement tactical team of a law enforcement agency by the
 1077  head of the law enforcement agency.
 1078         c. The law enforcement agency has an established policy
 1079  providing for the appointment, training, and deployment of the
 1080  tactical medical professional.
 1081         d. The tactical medical professional successfully completes
 1082  a firearms safety training and tactical training as established
 1083  or designated by the appointing law enforcement agency.
 1084         e. The law enforcement agency provides and the tactical
 1085  medical professional participates in annual firearm training and
 1086  tactical training.
 1087         2. While actively operating in direct support of a tactical
 1088  operation by a law enforcement agency, a tactical medical
 1089  professional:
 1090         a. May carry a firearm in the same manner as a law
 1091  enforcement officer, as defined in s. 943.10 and,
 1092  notwithstanding any other law, at any place a tactical law
 1093  enforcement operation occurs.
 1094         b. Has no duty to retreat and is justified in the use of
 1095  any force which he or she reasonably believes is necessary to
 1096  defend himself or herself or another from bodily harm.
 1097         c. Has the same immunities and privileges as a law
 1098  enforcement officer, as defined in s. 943.10, in a civil or
 1099  criminal action arising out of a tactical law enforcement
 1100  operation when acting within the scope of his or her official
 1101  duties.
 1102         3. This paragraph may not be construed to authorize a
 1103  tactical medical professional to carry, transport, or store any
 1104  firearm or ammunition on any fire apparatus or EMS vehicle.
 1105         4. The appointing law enforcement agency shall issue any
 1106  firearm or ammunition that the tactical medical professional
 1107  carries in accordance with this paragraph.
 1108         5. For the purposes of this paragraph, the term “tactical
 1109  medical professional” means a paramedic, as defined in s.
 1110  401.23, a physician, as defined in s. 458.305, or an osteopathic
 1111  physician, as defined in s. 459.003, who is appointed to provide
 1112  direct support to a tactical law enforcement unit by providing
 1113  medical services at high-risk incidents, including, but not
 1114  limited to, hostage incidents, narcotics raids, hazardous
 1115  surveillance, sniper incidents, armed suicidal persons,
 1116  barricaded suspects, high-risk felony warrant service, fugitives
 1117  refusing to surrender, and active shooter incidents.
 1118         (4)(5) POSSESSION IN PRIVATE CONVEYANCE.—
 1119         (a) Notwithstanding s. 790.01, a person 18 years of age or
 1120  older who is in lawful possession of a handgun or other weapon
 1121  may possess such a handgun or weapon within the interior of a
 1122  private conveyance if the handgun or weapon is securely encased
 1123  or otherwise not readily accessible for immediate use. A person
 1124  who possesses a handgun or other weapon as authorized under this
 1125  paragraph may not carry the handgun or weapon on his or her
 1126  person.
 1127         (b) This subsection does not prohibit a person from
 1128  carrying a:
 1129         1. Legal firearm other than a handgun anywhere in a private
 1130  conveyance when such firearm is being carried for a lawful use;
 1131  or
 1132         2. Concealed weapon or concealed firearm on his or her
 1133  person while in a private conveyance if he or she is authorized
 1134  to carry a concealed weapon or concealed firearm under s.
 1135  790.01(1).
 1136         (c) This subsection shall be liberally construed in favor
 1137  of the lawful use, ownership, and possession of firearms and
 1138  other weapons, including lawful self-defense as provided in s.
 1139  776.012. Notwithstanding subsection (2), it is lawful and is not
 1140  a violation of s. 790.01 for a person 18 years of age or older
 1141  to possess a concealed firearm or other weapon for self-defense
 1142  or other lawful purpose within the interior of a private
 1143  conveyance, without a license, if the firearm or other weapon is
 1144  securely encased or is otherwise not readily accessible for
 1145  immediate use. Nothing herein contained prohibits the carrying
 1146  of a legal firearm other than a handgun anywhere in a private
 1147  conveyance when such firearm is being carried for a lawful use.
 1148  Nothing herein contained shall be construed to authorize the
 1149  carrying of a concealed firearm or other weapon on the person.
 1150  This subsection shall be liberally construed in favor of the
 1151  lawful use, ownership, and possession of firearms and other
 1152  weapons, including lawful self-defense as provided in s.
 1153  776.012.
 1154         Section 15. Paragraph (c) of subsection (2) and paragraph
 1155  (c) of subsection (4) of section 790.251, Florida Statutes, are
 1156  amended to read:
 1157         790.251 Protection of the right to keep and bear arms in
 1158  motor vehicles for self-defense and other lawful purposes;
 1159  prohibited acts; duty of public and private employers; immunity
 1160  from liability; enforcement.—
 1161         (2) DEFINITIONS.—As used in this section, the term:
 1162         (c) “Employee” means any person who is authorized to carry
 1163  a concealed weapon or concealed firearm under s. 790.01(1)
 1164  possesses a valid license issued pursuant to s. 790.06 and:
 1165         1. Works for salary, wages, or other remuneration;
 1166         2. Is an independent contractor; or
 1167         3. Is a volunteer, intern, or other similar individual for
 1168  an employer.
 1169  
 1170  As used in this section, the term “firearm” includes ammunition
 1171  and accoutrements attendant to the lawful possession and use of
 1172  a firearm.
 1173         (4) PROHIBITED ACTS.—No public or private employer may
 1174  violate the constitutional rights of any customer, employee, or
 1175  invitee as provided in paragraphs (a)-(e):
 1176         (c) No public or private employer shall condition
 1177  employment upon either:
 1178         1. The fact that an employee or prospective employee is
 1179  authorized to carry a concealed weapon or concealed firearm
 1180  under s. 790.01(1) holds or does not hold a license issued
 1181  pursuant to s. 790.06; or
 1182         2. Any agreement by an employee or a prospective employee
 1183  that prohibits an employee from keeping a legal firearm locked
 1184  inside or locked to a private motor vehicle in a parking lot
 1185  when such firearm is kept for lawful purposes.
 1186  
 1187  This subsection applies to all public sector employers,
 1188  including those already prohibited from regulating firearms
 1189  under the provisions of s. 790.33.
 1190         Section 16. Paragraph (c) of subsection (1) of section
 1191  790.31, Florida Statutes, is amended to read:
 1192         790.31 Armor-piercing or exploding ammunition or dragon’s
 1193  breath shotgun shells, bolo shells, or flechette shells
 1194  prohibited.—
 1195         (1) As used in this section, the term:
 1196         (c) “Handgun” means a firearm capable of being carried and
 1197  used by one hand, such as a pistol or revolver.
 1198         Section 17. Effective upon becoming a law, section
 1199  943.6873, Florida Statutes, is created to read:
 1200         943.6873 Active assailant response policy.—For the
 1201  protection of all persons in this state, it is necessary and
 1202  required that every law enforcement agency in this state be
 1203  prepared to respond to an active assailant event. To be
 1204  adequately prepared, each law enforcement agency must create and
 1205  maintain an active assailant response policy.
 1206         (1) By October 1, 2023, each law enforcement agency in this
 1207  state shall have a written active assailant response policy
 1208  that:
 1209         (a) Is consistent with the agency’s response capabilities;
 1210  and
 1211         (b) Includes response procedures specifying the command
 1212  protocol and coordination with other law enforcement agencies.
 1213         (2)(a) The department shall make the model active assailant
 1214  response policy developed by the Marjory Stoneman Douglas High
 1215  School Public Safety Commission available on its website. The
 1216  department may also make available any other policies deemed
 1217  appropriate by the executive director which may guide a law
 1218  enforcement agency in developing its active assailant response
 1219  policy.
 1220         (b) Each law enforcement agency must review the model
 1221  active assailant response policy developed by the Marjory
 1222  Stoneman Douglas High School Public Safety Commission when
 1223  developing its active assailant response policy.
 1224         (3) Each law enforcement agency shall ensure that all of
 1225  its sworn personnel have been trained on the agency’s existing
 1226  active assailant response policy, or that sworn personnel are
 1227  trained within 180 days after enacting a new or revised policy.
 1228  Each law enforcement agency must ensure that all of its sworn
 1229  personnel receive, at minimum, annual training on the active
 1230  assailant response policy.
 1231         (4) By October 1, 2023, each law enforcement agency shall
 1232  provide written certification to the department from the head of
 1233  the law enforcement agency verifying that the agency has
 1234  officially adopted a written active assailant response policy.
 1235         (5) By January 1, 2024, the department shall submit a
 1236  report to the Governor, the President of the Senate, and the
 1237  Speaker of the House of Representatives identifying each law
 1238  enforcement agency that has not complied with the requirements
 1239  of this section.
 1240         Section 18. Effective upon becoming a law, subsections (12)
 1241  and (13) of section 1001.212, Florida Statutes, are amended to
 1242  read:
 1243         1001.212 Office of Safe Schools.—There is created in the
 1244  Department of Education the Office of Safe Schools. The office
 1245  is fully accountable to the Commissioner of Education. The
 1246  office shall serve as a central repository for best practices,
 1247  training standards, and compliance oversight in all matters
 1248  regarding school safety and security, including prevention
 1249  efforts, intervention efforts, and emergency preparedness
 1250  planning. The office shall:
 1251         (12) Develop a statewide behavioral threat management
 1252  operational process, a Florida-specific behavioral threat
 1253  assessment instrument, and a threat management portal.
 1254         (a)1. By December 1, 2023, the office shall develop a
 1255  statewide behavioral threat management operational process to
 1256  guide school districts, schools, charter school governing
 1257  boards, and charter schools through the threat management
 1258  process. The process must be designed to identify, assess,
 1259  manage, and monitor potential and real threats to schools. This
 1260  process must include, but is not limited to:
 1261         a. The establishment and duties of threat management teams.
 1262         b. Defining behavioral risks and threats.
 1263         c. The use of the Florida-specific behavioral threat
 1264  assessment instrument developed pursuant to paragraph (b) to
 1265  evaluate the behavior of students who may pose a threat to the
 1266  school, school staff, or other students and to coordinate
 1267  intervention and services for such students.
 1268         d. Upon the availability of the threat management portal
 1269  developed pursuant to paragraph (c), the use, authorized user
 1270  criteria, and access specifications of the portal.
 1271         e. Procedures for the implementation of interventions,
 1272  school support, and community services.
 1273         f. Guidelines for appropriate law enforcement intervention.
 1274         g. Procedures for risk management.
 1275         h. Procedures for disciplinary actions.
 1276         i. Mechanisms for continued monitoring of potential and
 1277  real threats.
 1278         j. Procedures for referrals to mental health services
 1279  identified by the school district or charter school governing
 1280  board pursuant to s. 1012.584(4).
 1281         k. Procedures and requirements necessary for the creation
 1282  of a threat assessment report, all corresponding documentation,
 1283  and any other information required by the Florida-specific
 1284  behavioral threat assessment instrument under paragraph (b).
 1285         2. Upon availability, each school district, school, charter
 1286  school governing board, and charter school must use the
 1287  statewide behavioral threat management operational process.
 1288         3. The office shall provide training to all school
 1289  districts, schools, charter school governing boards, and charter
 1290  schools on the statewide behavioral threat management
 1291  operational process.
 1292         4. The office shall coordinate the ongoing development,
 1293  implementation, and operation of the statewide behavioral threat
 1294  management operational process.
 1295         (b)1. By August 1, 2023 2019, the office shall develop a
 1296  Florida-specific standardized, statewide behavioral threat
 1297  assessment instrument for school districts, schools, charter
 1298  school governing boards, and charter schools to use to evaluate
 1299  the behavior of students who may pose a threat to the school,
 1300  school staff, or students and to coordinate intervention and
 1301  services for such students. The Florida-specific behavioral
 1302  threat assessment instrument must include, but is not limited
 1303  to: use by all public schools, including charter schools, which
 1304  addresses early identification, evaluation, early intervention,
 1305  and student support.
 1306         (a) The standardized, statewide behavioral threat
 1307  assessment instrument must include, but need not be limited to,
 1308  components and forms that address:
 1309         a.1. An assessment of the threat, which includes an
 1310  assessment of the student, family, and school and social
 1311  dynamics.
 1312         b.2. An evaluation to determine whether a threat exists
 1313  and, if so, if the type of threat is transient or substantive.
 1314         c.3. The response to a substantive threat, which includes
 1315  the school response, and the role of law enforcement agencies in
 1316  the response, and the response by mental health providers.
 1317         d.4. The response to a serious substantive threat,
 1318  including mental health and law enforcement referrals.
 1319         5. Ongoing monitoring to assess implementation of threat
 1320  management and safety strategies.
 1321         e. Ongoing monitoring to evaluate interventions and support
 1322  provided to the students.
 1323         f. A standardized threat assessment report, which must
 1324  include, but need not be limited to, all documentation
 1325  associated with the evaluation, intervention, management, and
 1326  any ongoing monitoring of the threat.
 1327         2. A report, all corresponding documentation, and any other
 1328  information required by the instrument in the threat management
 1329  portal under paragraph (c) is an education record and may not be
 1330  retained, maintained, or transferred, except in accordance with
 1331  State Board of Education rule.
 1332         3. Upon availability, each school district, school, charter
 1333  school governing board, and charter school must use the Florida
 1334  specific behavioral threat assessment instrument.
 1335         4.6. The office shall provide training for members of
 1336  threat management assessment teams established under s.
 1337  1006.07(7) and for all school districts and charter school
 1338  governing boards school administrators regarding the use of the
 1339  Florida-specific behavioral threat assessment instrument.
 1340         (c)1. By August 1, 2025, the office shall develop, host,
 1341  maintain, and administer a threat management portal that will
 1342  digitize the Florida-specific behavioral threat assessment
 1343  instrument for use by each school district, school, charter
 1344  school governing board, and charter school. The portal will also
 1345  facilitate the electronic threat assessment reporting and
 1346  documentation as required by the Florida-specific behavioral
 1347  threat assessment instrument to evaluate the behavior of
 1348  students who may pose a threat to the school, school staff, or
 1349  students and to coordinate intervention and services for such
 1350  students. The portal may not provide the office with access to
 1351  the portal unless authorized in accordance with State Board of
 1352  Education rule. The portal must include, but need not be limited
 1353  to, the following functionalities:
 1354         a. Workflow processes that align with the statewide
 1355  behavioral threat management operational process.
 1356         b. Direct data entry and file uploading as required by the
 1357  Florida-specific behavioral threat assessment instrument.
 1358         c. The ability to create a threat assessment report as
 1359  required by the Florida-specific behavioral threat assessment
 1360  instrument.
 1361         d. The ability of authorized personnel to add to or update
 1362  a threat assessment report, all corresponding documentation, or
 1363  any other information required by the Florida-specific
 1364  behavioral threat assessment instrument.
 1365         e. The ability to create and remove connections between
 1366  education records in the portal and authorized personnel.
 1367         f. The ability to grant access to and securely transfer any
 1368  education records in the portal to other schools or charter
 1369  schools in the district.
 1370         g. The ability to grant access to and securely transfer any
 1371  education records in the portal to schools and charter schools
 1372  not in the originating district.
 1373         h. The ability to retain, maintain, and transfer education
 1374  records in the portal in accordance with State Board of
 1375  Education rule.
 1376         i. The ability to restrict access to, entry of,
 1377  modification of, and transfer of education records in the portal
 1378  to a school district, school, charter school governing board, or
 1379  charter school and authorized personnel as specified by the
 1380  statewide behavioral threat management operational process.
 1381         j. The ability to designate school district or charter
 1382  school governing board system administrators who may grant
 1383  access to authorized school district and charter school
 1384  governing board personnel and school and charter school system
 1385  administrators.
 1386         k. The ability to designate school or charter school system
 1387  administrators who may grant access to authorized school or
 1388  charter school personnel.
 1389         l. The ability to notify the office’s system administrators
 1390  and school district or charter school governing board system
 1391  administrators of attempts to access any education records by
 1392  unauthorized personnel.
 1393         2. Upon availability, each school district, school, charter
 1394  school governing board, and charter school shall use the portal.
 1395         3. A threat assessment report, all corresponding
 1396  documentation, and any other information required by the
 1397  Florida-specific behavioral threat assessment instrument which
 1398  is maintained in the portal is an education record and may not
 1399  be retained, maintained, or transferred, except in accordance
 1400  with State Board of Education rule.
 1401         4. The office and the office system administrators may not
 1402  have access to a threat assessment report, all corresponding
 1403  documentation, and any other information required by the
 1404  Florida-specific behavioral threat assessment instrument which
 1405  is maintained in the portal.
 1406         5. A school district or charter school governing board may
 1407  not have access to the education records in the portal, except
 1408  in accordance with State Board of Education rule.
 1409         6. The parent of a student may access his or her student’s
 1410  education records in the portal in accordance with State Board
 1411  of Education rule, but may not have access to the portal.
 1412         7. The office shall develop and implement a quarterly
 1413  portal access review audit process.
 1414         8. Upon availability, each school district, school, charter
 1415  school governing board, and charter school shall comply with the
 1416  quarterly portal access review audit process developed by the
 1417  office.
 1418         9. By August 1, 2025, and annually thereafter, the office
 1419  shall provide role-based training to all authorized school
 1420  district, school, charter school governing board, and charter
 1421  school personnel.
 1422         10. Any individual who accesses, uses, or releases any
 1423  education record contained in the portal for a purpose not
 1424  specifically authorized by law commits a noncriminal infraction,
 1425  punishable by a fine not exceeding $2,000.
 1426         (d)(b) The office shall:
 1427         1. by August 1 of each year:, 2020,
 1428         1. Evaluate each school district’s and charter school
 1429  governing board’s use of the statewide behavioral threat
 1430  management operational process, the Florida-specific behavioral
 1431  threat assessment instrument, and the threat management portal
 1432  procedures for compliance with this subsection.
 1433         2. Notify the district school superintendent or charter
 1434  school governing board, as applicable, if the use of the
 1435  statewide behavioral threat management operational process, the
 1436  Florida-specific behavioral threat assessment instrument, and
 1437  the threat management portal is not in compliance with this
 1438  subsection.
 1439         3. Report any issues of ongoing noncompliance with this
 1440  subsection to the commissioner and the district school
 1441  superintendent or the charter school governing board, as
 1442  applicable.
 1443         (13) Establish the Statewide Threat Assessment Database
 1444  Workgroup, composed of members appointed by the department, to
 1445  complement the work of the department and the Department of Law
 1446  Enforcement associated with the centralized integrated data
 1447  repository and data analytics resources initiative and make
 1448  recommendations regarding the development of a statewide threat
 1449  assessment database. The database must allow authorized public
 1450  school personnel to enter information related to any threat
 1451  assessment conducted at their respective schools using the
 1452  instrument developed by the office pursuant to subsection (12),
 1453  and must provide such information to authorized personnel in
 1454  each school district and public school and to appropriate
 1455  stakeholders. By December 31, 2019, the workgroup shall provide
 1456  a report to the office with recommendations that include, but
 1457  need not be limited to:
 1458         (a) Threat assessment data that should be required to be
 1459  entered into the database.
 1460         (b) School district and public school personnel who should
 1461  be allowed to input student records to the database and view
 1462  such records.
 1463         (c) Database design and functionality, to include data
 1464  security.
 1465         (d) Restrictions and authorities on information sharing,
 1466  including:
 1467         1. Section 1002.22 and other applicable state laws.
 1468         2. The Family Educational Rights and Privacy Act (FERPA),
 1469  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
 1470  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
 1471  45 C.F.R. part 164, subpart E; and other applicable federal
 1472  laws.
 1473         3. The appropriateness of interagency agreements that will
 1474  allow law enforcement to view database records.
 1475         (e) The cost to develop and maintain a statewide online
 1476  database.
 1477         (f) An implementation plan and timeline for the workgroup
 1478  recommendations.
 1479         Section 19. Effective upon becoming a law, the State Board
 1480  of Education may, and all conditions are deemed met, to adopt
 1481  emergency rules pursuant to s. 120.54(4), Florida Statutes, for
 1482  the purpose of implementing the amendments made to s.
 1483  1001.212(12), Florida Statutes, by this act. Notwithstanding any
 1484  other law, emergency rules adopted pursuant to this section are
 1485  effective for 6 months after adoption and may be renewed during
 1486  the pendency of procedures to adopt permanent rules addressing
 1487  the subject of the emergency rules. This section expires July 1,
 1488  2024.
 1489         Section 20. Subsection (18) is added to section 1002.42,
 1490  Florida Statutes, to read:
 1491         1002.42 Private schools.—
 1492         (18) SAFE SCHOOL OFFICERS.—
 1493         (a) A private school may partner with a law enforcement
 1494  agency or a security agency to establish or assign one or more
 1495  safe-school officers established in s. 1006.12(1)-(4). The
 1496  private school is responsible for the full cost of implementing
 1497  any such option, which includes all training costs under the
 1498  Coach Aaron Feis Guardian Program under s. 30.15(1)(k).
 1499         (b) A private school that establishes a safe-school officer
 1500  must comply with the requirements of s. 1006.12. References to a
 1501  school district, district school board, or district school
 1502  superintendent in s. 1006.12(1)-(5) shall also mean a private
 1503  school governing board or private school head of school, as
 1504  applicable. References to a school district employee in s.
 1505  1006.12(3) shall also mean a private school employee.
 1506         Section 21. Effective upon becoming a law, subsection (2)
 1507  of section 1003.25, Florida Statutes, is amended to read:
 1508         1003.25 Procedures for maintenance and transfer of student
 1509  records.—
 1510         (2) The procedure for transferring and maintaining records
 1511  of students who transfer from school to school is shall be
 1512  prescribed by rules of the State Board of Education. The
 1513  transfer of records must shall occur within 3 school days. The
 1514  records must shall include, if applicable:
 1515         (a) Verified reports of serious or recurrent behavior
 1516  patterns, including any threat assessment report, all
 1517  corresponding documentation, and any other information required
 1518  by the Florida-specific behavioral threat assessment instrument
 1519  pursuant to s. 1001.212(12) which contains the evaluation,
 1520  evaluations and intervention, and management of the threat
 1521  assessment evaluations and intervention services.
 1522         (b) Psychological evaluations, including therapeutic
 1523  treatment plans and therapy or progress notes created or
 1524  maintained by school district or charter school staff, as
 1525  appropriate.
 1526         Section 22. Effective upon becoming a law, paragraph (b) of
 1527  subsection (4), paragraph (b) of subsection (6), and subsections
 1528  (7) and (9) of section 1006.07, Florida Statutes, are amended to
 1529  read:
 1530         1006.07 District school board duties relating to student
 1531  discipline and school safety.—The district school board shall
 1532  provide for the proper accounting for all students, for the
 1533  attendance and control of students at school, and for proper
 1534  attention to health, safety, and other matters relating to the
 1535  welfare of students, including:
 1536         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
 1537         (b) Provide timely notification to parents of threats
 1538  pursuant to policies adopted under subsection (7) and the
 1539  following unlawful acts or significant emergencies that occur on
 1540  school grounds, during school transportation, or during school
 1541  sponsored activities:
 1542         1. Weapons possession or use when there is intended harm
 1543  toward another person, hostage, and active assailant situations.
 1544  The active assailant situation training for each school must
 1545  engage the participation of the district school safety
 1546  specialist, threat management assessment team members, faculty,
 1547  staff, and students and must be conducted by the law enforcement
 1548  agency or agencies that are designated as first responders to
 1549  the school’s campus.
 1550         2. Murder, homicide, or manslaughter.
 1551         3. Sex offenses, including rape, sexual assault, or sexual
 1552  misconduct with a student by school personnel.
 1553         4. Natural emergencies, including hurricanes, tornadoes,
 1554  and severe storms.
 1555         5. Exposure as a result of a manmade emergency.
 1556         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
 1557  school superintendent shall establish policies and procedures
 1558  for the prevention of violence on school grounds, including the
 1559  assessment of and intervention with individuals whose behavior
 1560  poses a threat to the safety of the school community.
 1561         (b) Mental health coordinator.—Each district school board
 1562  shall identify a mental health coordinator for the district. The
 1563  mental health coordinator shall serve as the district’s primary
 1564  point of contact regarding the district’s coordination,
 1565  communication, and implementation of student mental health
 1566  policies, procedures, responsibilities, and reporting,
 1567  including:
 1568         1. Coordinating with the Office of Safe Schools,
 1569  established pursuant to s. 1001.212.
 1570         2. Maintaining records and reports regarding student mental
 1571  health as it relates to school safety and the mental health
 1572  assistance allocation under s. 1011.62(14).
 1573         3. Facilitating the implementation of school district
 1574  policies relating to the respective duties and responsibilities
 1575  of the school district, the superintendent, and district school
 1576  principals.
 1577         4. Coordinating with the school safety specialist on the
 1578  staffing and training of threat management assessment teams and
 1579  facilitating referrals to mental health services, as
 1580  appropriate, for students and their families.
 1581         5. Coordinating with the school safety specialist on the
 1582  training and resources for students and school district staff
 1583  relating to youth mental health awareness and assistance.
 1584         6. Reviewing annually the school district’s policies and
 1585  procedures related to student mental health for compliance with
 1586  state law and alignment with current best practices and making
 1587  recommendations, as needed, for amending such policies and
 1588  procedures to the superintendent and the district school board.
 1589         (7) THREAT MANAGEMENT ASSESSMENT TEAMS.—Each district
 1590  school board and charter school governing board shall establish
 1591  a adopt policies for the establishment of threat management team
 1592  assessment teams at each school whose duties include the
 1593  coordination of resources and assessment and intervention with
 1594  students individuals whose behavior may pose a threat to the
 1595  safety of the school, school staff, or students consistent with
 1596  the model policies developed by the Office of Safe Schools. Such
 1597  policies must include procedures for referrals to mental health
 1598  services identified by the school district pursuant to s.
 1599  1012.584(4), when appropriate, and procedures for behavioral
 1600  threat assessments in compliance with the instrument developed
 1601  pursuant to s. 1001.212(12).
 1602         (a) Upon the availability of a statewide behavioral threat
 1603  management operational process developed pursuant to s.
 1604  1001.212(12), all threat management teams shall use the
 1605  operational process.
 1606         (b)(a) A threat management assessment team shall include
 1607  persons with expertise in counseling, instruction, school
 1608  administration, and law enforcement. All members of the threat
 1609  management assessment team must be involved in the threat
 1610  assessment and threat management process and final
 1611  decisionmaking. At least one member of the threat management
 1612  team must have personal familiarity with the individual who is
 1613  the subject of the threat assessment. If no member of the threat
 1614  management team has such familiarity, an instructional personnel
 1615  or administrative personnel, as those terms are defined in s.
 1616  1012.01(2) and (3), who is personally familiar with the
 1617  individual who is the subject of the threat assessment must
 1618  consult with the threat management team for the purpose of
 1619  assessing the threat. The instructional or administrative
 1620  personnel who provides such consultation shall not participate
 1621  in the decisionmaking process.
 1622         (c) The threat management team assessment teams shall
 1623  identify members of the school community to whom threatening
 1624  behavior should be reported and provide guidance to students,
 1625  faculty, and staff regarding recognition of threatening or
 1626  aberrant behavior that may represent a threat to the community,
 1627  school, or self.
 1628         (d) Upon the availability of the Florida-specific
 1629  behavioral threat assessment instrument developed pursuant to s.
 1630  1001.212(12), all the threat management teams assessment team
 1631  shall use that instrument when evaluating the behavior of
 1632  students who may pose a threat to the school, school staff, or
 1633  students and to coordinate intervention and services for such
 1634  students.
 1635         (e)(b) Upon a preliminary determination that a student
 1636  poses a threat of violence or physical harm to himself or
 1637  herself or others, a threat management assessment team shall
 1638  immediately report its determination to the superintendent or
 1639  his or her designee. The superintendent or his or her designee
 1640  or the charter school administrator or his or her designee shall
 1641  immediately attempt to notify the student’s parent or legal
 1642  guardian. Nothing in this subsection precludes shall preclude
 1643  school district or charter school governing board personnel from
 1644  acting immediately to address an imminent threat.
 1645         (f)(c) Upon a preliminary determination by the threat
 1646  management assessment team that a student poses a threat of
 1647  violence to himself or herself or others or exhibits
 1648  significantly disruptive behavior or need for assistance,
 1649  authorized members of the threat management assessment team may
 1650  obtain criminal history record information pursuant to s.
 1651  985.04(1). A member of a threat management assessment team may
 1652  not disclose any criminal history record information obtained
 1653  pursuant to this section or otherwise use any record of an
 1654  individual beyond the purpose for which such disclosure was made
 1655  to the threat management assessment team.
 1656         (g)(d) Notwithstanding any other provision of law, all
 1657  state and local agencies and programs that provide services to
 1658  students experiencing or at risk of an emotional disturbance or
 1659  a mental illness, including the school districts, charter
 1660  schools, school personnel, state and local law enforcement
 1661  agencies, the Department of Juvenile Justice, the Department of
 1662  Children and Families, the Department of Health, the Agency for
 1663  Health Care Administration, the Agency for Persons with
 1664  Disabilities, the Department of Education, the Statewide
 1665  Guardian Ad Litem Office, and any service or support provider
 1666  contracting with such agencies, may share with each other
 1667  records or information that are confidential or exempt from
 1668  disclosure under chapter 119 if the records or information are
 1669  reasonably necessary to ensure access to appropriate services
 1670  for the student or to ensure the safety of the student or
 1671  others. All such state and local agencies and programs shall
 1672  communicate, collaborate, and coordinate efforts to serve such
 1673  students.
 1674         (h)(e) If an immediate mental health or substance abuse
 1675  crisis is suspected, school personnel shall follow steps
 1676  policies established by the threat management assessment team to
 1677  engage behavioral health crisis resources. Behavioral health
 1678  crisis resources, including, but not limited to, mobile crisis
 1679  teams and school resource officers trained in crisis
 1680  intervention, shall provide emergency intervention and
 1681  assessment, make recommendations, and refer the student for
 1682  appropriate services. Onsite school personnel shall report all
 1683  such situations and actions taken to the threat management
 1684  assessment team, which shall contact the other agencies involved
 1685  with the student and any known service providers to share
 1686  information and coordinate any necessary followup actions. Upon
 1687  the student’s transfer to a different school, the threat
 1688  management assessment team shall verify that any intervention
 1689  services provided to the student remain in place until the
 1690  threat management assessment team of the receiving school
 1691  independently determines the need for intervention services.
 1692         (i) The threat management team shall prepare a threat
 1693  assessment report required by the Florida-specific behavioral
 1694  threat assessment instrument developed pursuant to s.
 1695  1001.212(12). A threat assessment report, all corresponding
 1696  documentation, and any other information required by the
 1697  Florida-specific behavioral threat assessment instrument in the
 1698  threat management portal is an education record.
 1699         (j)(f) Each threat management assessment team established
 1700  pursuant to this subsection shall report quantitative data on
 1701  its activities to the Office of Safe Schools in accordance with
 1702  guidance from the office and shall utilize the threat assessment
 1703  database developed pursuant to s. 1001.212(13) upon the
 1704  availability of the database.
 1705         (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
 1706  district school board shall adopt policies to ensure the
 1707  accurate and timely reporting of incidents related to school
 1708  safety and discipline. The district school superintendent is
 1709  responsible for school environmental safety incident reporting.
 1710  A district school superintendent who fails to comply with this
 1711  subsection is subject to the penalties specified in law,
 1712  including, but not limited to, s. 1001.42(13)(b) or s.
 1713  1001.51(12)(b), as applicable. The State Board of Education
 1714  shall adopt rules establishing the requirements for the school
 1715  environmental safety incident report, including those incidents
 1716  that must be reported to a law enforcement agency. Annually, the
 1717  department shall publish on its website the most recently
 1718  available school environmental safety incident data along with
 1719  other school accountability and performance data in a uniform,
 1720  statewide format that is easy to read and understand.
 1721         Section 23. Effective upon becoming a law:
 1722         (1) The State Board of Education is authorized, and all
 1723  conditions are deemed met, to adopt emergency rules pursuant to
 1724  s. 120.54(4), Florida Statutes, for the purpose of implementing
 1725  the amendments made to s. 1006.07(9), Florida Statutes. The
 1726  Legislature finds that school district discretion over reporting
 1727  criminal incidents to law enforcement has resulted in
 1728  significant under-reporting of serious crimes. The Legislature
 1729  further finds that emergency rulemaking authority is necessary
 1730  to ensure that all reportable incidents that are crimes are
 1731  reported to law enforcement as soon as practicable starting in
 1732  the 2023-2024 school year. Emergency rules adopted under this
 1733  section are exempt from s. 120.54(4)(c), Florida Statutes, and
 1734  shall remain in effect until replaced by rules adopted under the
 1735  nonemergency rulemaking procedures of chapter 120, Florida
 1736  Statutes, which must occur no later than July 1, 2024.
 1737         (2) Notwithstanding any other provision of law, emergency
 1738  rules adopted pursuant to subsection (1) are effective for 6
 1739  months after adoption and may be renewed during the pendency of
 1740  procedures to adopt permanent rules addressing the subject of
 1741  the emergency rules.
 1742         Section 24. Effective upon becoming a law, section
 1743  1006.121, Florida Statutes, is created to read:
 1744         1006.121 Florida Safe Schools Canine Program.—
 1745         (1) CREATION AND PURPOSE.—
 1746         (a) The Department of Education, through the Office of Safe
 1747  Schools pursuant to s. 1001.212, shall establish the Florida
 1748  Safe Schools Canine Program for the purpose of designating a
 1749  person, school, or business entity as a Florida Safe Schools
 1750  Canine Partner if the person, school, or business entity
 1751  provides a monetary or in-kind donation to a law enforcement
 1752  agency to purchase, train, or care for a firearm detection
 1753  canine. The office shall consult with the Florida Police Chiefs
 1754  Association and the Florida Sheriffs Association in creating the
 1755  program.
 1756         (b) The presence of firearm detection canines at K-12
 1757  schools contributes to a safe school community, furthering a
 1758  communitywide investment and engagement in school safety and
 1759  public safety initiatives. The program seeks to foster
 1760  relationships between schools, local businesses, and law
 1761  enforcement, promoting trust and confidence in the ability of
 1762  law enforcement to keep schools and communities safe. Firearm
 1763  detection canines act as liaisons between students and law
 1764  enforcement agencies and serve as ambassadors for a law
 1765  enforcement agency to improve community engagement. K-12 schools
 1766  and students are encouraged to partner with law enforcement to
 1767  raise funds in the local community for the monetary or in-kind
 1768  donations needed to purchase, train, or care for a firearm
 1769  detection canine. This includes building relationships with
 1770  local businesses that support school safety by providing
 1771  monetary or in-kind donations to help with the ongoing care and
 1772  expenses of a firearm detection canine which include, but are
 1773  not limited to, veterinary care such as wellness checks and
 1774  medicine; food; interactive and training toys; grooming; and
 1775  necessary equipment such as collars and leads.
 1776         (2) DEFINITION.—As used in this section, the term “firearm
 1777  detection canine” means any canine that is owned or the service
 1778  of which is employed by a law enforcement agency for use in K­12
 1779  schools for the primary purpose of aiding in the detection of
 1780  firearms and ammunition.
 1781         (3) CANINE REQUIREMENTS.—A firearm detection canine must be
 1782  trained to interact with children and must complete behavior and
 1783  temperament training. A firearm detection canine may also be
 1784  trained as an animal-assisted therapy canine.
 1785         (4) ELIGIBILITY.—
 1786         (a) A law enforcement agency may nominate a person, school,
 1787  or business entity to be designated as a Florida Safe Schools
 1788  Canine Partner, or such person, school, or business entity may
 1789  apply to the office to be designated as a Florida Safe Schools
 1790  Canine Partner if a monetary or an in-kind donation is made to a
 1791  law enforcement agency for the purchase, training, or care of a
 1792  firearm detection canine.
 1793         (b) The nomination or application to the office for
 1794  designation as a Florida Safe Schools Canine Partner must, at
 1795  minimum, include all of the following:
 1796         1. The name, address, and contact information of the
 1797  person, school, or business entity.
 1798         2. The name, address, and contact information of the law
 1799  enforcement agency.
 1800         3. Whether the donation was monetary or in kind.
 1801         4. The amount of the donation or type of in-kind donation.
 1802         5. Documentation from the law enforcement agency
 1803  certifying:
 1804         a. The date of receipt of the monetary or in-kind donation
 1805  by the person, school, or business entity; and
 1806         b. The monetary or in-kind donation by person, school, or
 1807  business entity is for the purchase, training, or care of a
 1808  firearm detection canine.
 1809         (c) The office shall adopt procedures for the nomination
 1810  and application processes for a Florida Safe Schools Canine
 1811  Partner.
 1812         (5) DESIGNATION AND AWARD.—
 1813         (a) The office shall determine whether a person, school, or
 1814  business entity, based on the information provided in the
 1815  nomination or application, meets the requirements in subsection
 1816  (4). The office may request additional information from the
 1817  person, school, or business entity.
 1818         (b)1. A nominated person, school, or business entity that
 1819  meets the requirements shall be notified by the office regarding
 1820  the nominee’s eligibility to be awarded a designation as a
 1821  Florida Safe Schools Canine Partner.
 1822         2. The nominee shall have 30 days after receipt of the
 1823  notice to certify that the information in the notice is true and
 1824  accurate and accept the nomination, to provide corrected
 1825  information for consideration by the office and indicate an
 1826  intention to accept the nomination, or to decline the
 1827  nomination. If the nominee accepts the nomination, the office
 1828  shall award the designation. The office may not award the
 1829  designation if the nominee declines the nomination or has not
 1830  accepted the nomination within 30 days after receiving notice.
 1831         (c) An applicant person, school, or business entity that
 1832  meets the requirements shall be notified and awarded a
 1833  designation as a Florida Safe Schools Canine Partner.
 1834         (d) The office shall adopt procedures for the designation
 1835  process of a Florida Safe Schools Canine Partner. Designation as
 1836  a Florida Safe Schools Canine Partner does not establish or
 1837  involve licensure, does not affect the substantial interests of
 1838  a party, and does not constitute a final agency action. The
 1839  Florida Safe Schools Canine Program and designation are not
 1840  subject to chapter 120.
 1841         (6) LOGO DEVELOPMENT.—
 1842         (a) The office shall develop a logo that identifies a
 1843  person, school, or business entity that is designated as a
 1844  Florida Safe Schools Canine Partner.
 1845         (b) The office shall adopt guidelines and requirements for
 1846  the use of the logo, including how the logo may be used in
 1847  advertising. The office may allow a person, school, or business
 1848  entity to display a Florida Safe Schools Canine Partner logo
 1849  upon designation. A person, school, or business entity that has
 1850  not been designated as a Florida Safe Schools Canine Partner or
 1851  has elected to discontinue its designated status may not display
 1852  the logo.
 1853         (7) WEBSITE.—The office shall establish a page on the
 1854  department’s website for the Florida Safe Schools Canine
 1855  Program. At a minimum, the page must provide a list, updated
 1856  quarterly, of persons, schools, or business entities, by county,
 1857  which currently have the Florida Safe Schools Canine Partner
 1858  designation and information regarding the eligibility
 1859  requirements for the designation and the method of application
 1860  or nomination.
 1861         (8) RULES.—The State Board of Education shall adopt rules
 1862  to administer this section.
 1863         Section 25. Effective upon becoming a law, subsections (1),
 1864  (2), and (8) of section 1006.13, Florida Statutes, are amended
 1865  to read:
 1866         1006.13 Policy of zero tolerance for crime and
 1867  victimization.—
 1868         (1) District school boards shall promote a safe and
 1869  supportive learning environment in schools by protecting
 1870  students and staff from conduct that poses a threat to school
 1871  safety. A threat management assessment team may use alternatives
 1872  to expulsion or referral to law enforcement agencies to address
 1873  disruptive behavior through restitution, civil citation, teen
 1874  court, neighborhood restorative justice, or similar programs.
 1875  Zero-tolerance policies may not be rigorously applied to petty
 1876  acts of misconduct. Zero-tolerance policies must apply equally
 1877  to all students regardless of their economic status, race, or
 1878  disability.
 1879         (2) Each district school board shall adopt a policy of zero
 1880  tolerance that:
 1881         (a) Identifies acts that are required to be reported under
 1882  the school environmental safety incident reporting pursuant to
 1883  s. 1006.07(9) Defines criteria for reporting to a law
 1884  enforcement agency any act that poses a threat to school safety
 1885  that occurs whenever or wherever students are within the
 1886  jurisdiction of the district school board.
 1887         (b) Defines acts that pose a threat to school safety.
 1888         (c) Defines petty acts of misconduct which are not a threat
 1889  to school safety and do not require consultation with law
 1890  enforcement.
 1891         (d) Minimizes the victimization of students, staff, or
 1892  volunteers, including taking all steps necessary to protect the
 1893  victim of any violent crime from any further victimization.
 1894         (e) Establishes a procedure that provides each student with
 1895  the opportunity for a review of the disciplinary action imposed
 1896  pursuant to s. 1006.07.
 1897         (f) Requires the threat management assessment team to
 1898  consult with law enforcement when a student exhibits a pattern
 1899  of behavior, based upon previous acts or the severity of an act,
 1900  that would pose a threat to school safety.
 1901         (8) A threat management assessment team may use
 1902  alternatives to expulsion or referral to law enforcement
 1903  agencies unless the use of such alternatives will pose a threat
 1904  to school safety.
 1905         Section 26. Section 790.1612, Florida Statutes, is amended
 1906  to read:
 1907         790.1612 Authorization for governmental manufacture,
 1908  possession, and use of destructive devices.—The governing body
 1909  of any municipality or county and the Division of State Fire
 1910  Marshal of the Department of Financial Services have the power
 1911  to authorize the manufacture, possession, and use of destructive
 1912  devices as defined in s. 790.001 s. 790.001(4).
 1913         Section 27. Subsection (1) of section 810.095, Florida
 1914  Statutes, is amended to read:
 1915         810.095 Trespass on school property with firearm or other
 1916  weapon prohibited.—
 1917         (1) It is a felony of the third degree, punishable as
 1918  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
 1919  who is trespassing upon school property to bring onto, or to
 1920  possess on, such school property any weapon as defined in s.
 1921  790.001 s. 790.001(13) or any firearm.
 1922         Section 28. Paragraph (e) of subsection (3) of section
 1923  921.0022, Florida Statutes, is amended to read:
 1924         921.0022 Criminal Punishment Code; offense severity ranking
 1925  chart.—
 1926         (3) OFFENSE SEVERITY RANKING CHART
 1927         (e) LEVEL 5
 1928  
 1929  FloridaStatute     FelonyDegree           Description           
 1930  316.027(2)(a)         3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 1931  316.1935(4)(a)        2nd   Aggravated fleeing or eluding.   
 1932  316.80(2)             2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 1933  322.34(6)             3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 1934  327.30(5)             3rd   Vessel accidents involving personal injury; leaving scene.
 1935  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.
 1936  379.367(4)            3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 1937  379.407(5)(b)3.       3rd   Possession of 100 or more undersized spiny lobsters.
 1938  381.0041(11)(b)       3rd   Donate blood, plasma, or organs knowing HIV positive.
 1939  440.10(1)(g)          2nd   Failure to obtain workers’ compensation coverage.
 1940  440.105(5)            2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 1941  440.381(2)            3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 1942  624.401(4)(b)2.       2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 1943  626.902(1)(c)         2nd   Representing an unauthorized insurer; repeat offender.
 1944  790.01(3) 790.01(2)   3rd   Unlawful carrying of a concealed firearm.
 1945  790.162               2nd   Threat to throw or discharge destructive device.
 1946  790.163(1)            2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 1947  790.221(1)            2nd   Possession of short-barreled shotgun or machine gun.
 1948  790.23                2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 1949  796.05(1)             2nd   Live on earnings of a prostitute; 1st offense.
 1950  800.04(6)(c)          3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 1951  800.04(7)(b)          2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 1952  806.111(1)            3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 1953  812.0145(2)(b)        2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 1954  812.015 (8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
 1955  812.015(8)(f)         3rd   Retail theft; multiple thefts within specified period.
 1956  812.019(1)            2nd   Stolen property; dealing in or trafficking in.
 1957  812.081(3)            2nd   Trafficking in trade secrets.    
 1958  812.131(2)(b)         3rd   Robbery by sudden snatching.     
 1959  812.16(2)             3rd   Owning, operating, or conducting a chop shop.
 1960  817.034(4)(a)2.       2nd   Communications fraud, value $20,000 to $50,000.
 1961  817.234(11)(b)        2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 1962  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.
 1963  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.
 1964  817.611(2)(a)         2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 1965  817.625(2)(b)         2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 1966  825.1025(4)           3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 1967  827.071(4)            2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
 1968  827.071(5)            3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
 1969  828.12(2)             3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 1970  836.14(4)             2nd   Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
 1971  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.
 1972  843.01                3rd   Resist officer with violence to person; resist arrest with violence.
 1973  847.0135(5)(b)        2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 1974  847.0137 (2) & (3)    3rd   Transmission of pornography by electronic device or equipment.
 1975  847.0138 (2) & (3)    3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 1976  874.05(1)(b)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 1977  874.05(2)(a)          2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 1978  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).
 1979  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.
 1980  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.
 1981  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.
 1982  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.
 1983  893.13(4)(b)          2nd   Use or hire of minor; deliver to minor other controlled substance.
 1984  893.1351(1)           3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 1985         Section 29. Paragraph (b) of subsection (1) of section
 1986  921.0024, Florida Statutes, is amended to read:
 1987         921.0024 Criminal Punishment Code; worksheet computations;
 1988  scoresheets.—
 1989         (1)
 1990         (b) WORKSHEET KEY:
 1991  
 1992  Legal status points are assessed when any form of legal status
 1993  existed at the time the offender committed an offense before the
 1994  court for sentencing. Four (4) sentence points are assessed for
 1995  an offender’s legal status.
 1996  
 1997  Community sanction violation points are assessed when a
 1998  community sanction violation is before the court for sentencing.
 1999  Six (6) sentence points are assessed for each community sanction
 2000  violation and each successive community sanction violation,
 2001  unless any of the following apply:
 2002         1. If the community sanction violation includes a new
 2003  felony conviction before the sentencing court, twelve (12)
 2004  community sanction violation points are assessed for the
 2005  violation, and for each successive community sanction violation
 2006  involving a new felony conviction.
 2007         2. If the community sanction violation is committed by a
 2008  violent felony offender of special concern as defined in s.
 2009  948.06:
 2010         a. Twelve (12) community sanction violation points are
 2011  assessed for the violation and for each successive violation of
 2012  felony probation or community control where:
 2013         I. The violation does not include a new felony conviction;
 2014  and
 2015         II. The community sanction violation is not based solely on
 2016  the probationer or offender’s failure to pay costs or fines or
 2017  make restitution payments.
 2018         b. Twenty-four (24) community sanction violation points are
 2019  assessed for the violation and for each successive violation of
 2020  felony probation or community control where the violation
 2021  includes a new felony conviction.
 2022  
 2023  Multiple counts of community sanction violations before the
 2024  sentencing court shall not be a basis for multiplying the
 2025  assessment of community sanction violation points.
 2026  
 2027  Prior serious felony points: If the offender has a primary
 2028  offense or any additional offense ranked in level 8, level 9, or
 2029  level 10, and one or more prior serious felonies, a single
 2030  assessment of thirty (30) points shall be added. For purposes of
 2031  this section, a prior serious felony is an offense in the
 2032  offender’s prior record that is ranked in level 8, level 9, or
 2033  level 10 under s. 921.0022 or s. 921.0023 and for which the
 2034  offender is serving a sentence of confinement, supervision, or
 2035  other sanction or for which the offender’s date of release from
 2036  confinement, supervision, or other sanction, whichever is later,
 2037  is within 3 years before the date the primary offense or any
 2038  additional offense was committed.
 2039  
 2040  Prior capital felony points: If the offender has one or more
 2041  prior capital felonies in the offender’s criminal record, points
 2042  shall be added to the subtotal sentence points of the offender
 2043  equal to twice the number of points the offender receives for
 2044  the primary offense and any additional offense. A prior capital
 2045  felony in the offender’s criminal record is a previous capital
 2046  felony offense for which the offender has entered a plea of nolo
 2047  contendere or guilty or has been found guilty; or a felony in
 2048  another jurisdiction which is a capital felony in that
 2049  jurisdiction, or would be a capital felony if the offense were
 2050  committed in this state.
 2051  
 2052  Possession of a firearm, semiautomatic firearm, or machine gun:
 2053  If the offender is convicted of committing or attempting to
 2054  commit any felony other than those enumerated in s. 775.087(2)
 2055  while having in his or her possession: a firearm as defined in
 2056  s. 790.001 s. 790.001(6), an additional eighteen (18) sentence
 2057  points are assessed; or if the offender is convicted of
 2058  committing or attempting to commit any felony other than those
 2059  enumerated in s. 775.087(3) while having in his or her
 2060  possession a semiautomatic firearm as defined in s. 775.087(3)
 2061  or a machine gun as defined in s. 790.001 s. 790.001(9), an
 2062  additional twenty-five (25) sentence points are assessed.
 2063  
 2064  Sentencing multipliers:
 2065  
 2066  Drug trafficking: If the primary offense is drug trafficking
 2067  under s. 893.135, the subtotal sentence points are multiplied,
 2068  at the discretion of the court, for a level 7 or level 8
 2069  offense, by 1.5. The state attorney may move the sentencing
 2070  court to reduce or suspend the sentence of a person convicted of
 2071  a level 7 or level 8 offense, if the offender provides
 2072  substantial assistance as described in s. 893.135(4).
 2073  
 2074  Law enforcement protection: If the primary offense is a
 2075  violation of the Law Enforcement Protection Act under s.
 2076  775.0823(2), (3), or (4), the subtotal sentence points are
 2077  multiplied by 2.5. If the primary offense is a violation of s.
 2078  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
 2079  are multiplied by 2.0. If the primary offense is a violation of
 2080  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
 2081  Protection Act under s. 775.0823(10) or (11), the subtotal
 2082  sentence points are multiplied by 1.5.
 2083  
 2084  Grand theft of a motor vehicle: If the primary offense is grand
 2085  theft of the third degree involving a motor vehicle and in the
 2086  offender’s prior record, there are three or more grand thefts of
 2087  the third degree involving a motor vehicle, the subtotal
 2088  sentence points are multiplied by 1.5.
 2089  
 2090  Offense related to a criminal gang: If the offender is convicted
 2091  of the primary offense and committed that offense for the
 2092  purpose of benefiting, promoting, or furthering the interests of
 2093  a criminal gang as defined in s. 874.03, the subtotal sentence
 2094  points are multiplied by 1.5. If applying the multiplier results
 2095  in the lowest permissible sentence exceeding the statutory
 2096  maximum sentence for the primary offense under chapter 775, the
 2097  court may not apply the multiplier and must sentence the
 2098  defendant to the statutory maximum sentence.
 2099  
 2100  Domestic violence in the presence of a child: If the offender is
 2101  convicted of the primary offense and the primary offense is a
 2102  crime of domestic violence, as defined in s. 741.28, which was
 2103  committed in the presence of a child under 16 years of age who
 2104  is a family or household member as defined in s. 741.28(3) with
 2105  the victim or perpetrator, the subtotal sentence points are
 2106  multiplied by 1.5.
 2107  
 2108  Adult-on-minor sex offense: If the offender was 18 years of age
 2109  or older and the victim was younger than 18 years of age at the
 2110  time the offender committed the primary offense, and if the
 2111  primary offense was an offense committed on or after October 1,
 2112  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
 2113  violation involved a victim who was a minor and, in the course
 2114  of committing that violation, the defendant committed a sexual
 2115  battery under chapter 794 or a lewd act under s. 800.04 or s.
 2116  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
 2117  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
 2118  800.04; or s. 847.0135(5), the subtotal sentence points are
 2119  multiplied by 2.0. If applying the multiplier results in the
 2120  lowest permissible sentence exceeding the statutory maximum
 2121  sentence for the primary offense under chapter 775, the court
 2122  may not apply the multiplier and must sentence the defendant to
 2123  the statutory maximum sentence.
 2124         Section 30. Paragraph (b) of subsection (3) of section
 2125  943.051, Florida Statutes, is amended to read:
 2126         943.051 Criminal justice information; collection and
 2127  storage; fingerprinting.—
 2128         (3)
 2129         (b) A minor who is charged with or found to have committed
 2130  the following offenses shall be fingerprinted and the
 2131  fingerprints shall be submitted electronically to the
 2132  department, unless the minor is issued a civil citation pursuant
 2133  to s. 985.12:
 2134         1. Assault, as defined in s. 784.011.
 2135         2. Battery, as defined in s. 784.03.
 2136         3. Carrying a concealed weapon, as defined in s. 790.01(2)
 2137  s. 790.01(1).
 2138         4. Unlawful use of destructive devices or bombs, as defined
 2139  in s. 790.1615(1).
 2140         5. Neglect of a child, as defined in s. 827.03(1)(e).
 2141         6. Assault or battery on a law enforcement officer, a
 2142  firefighter, or other specified officers, as defined in s.
 2143  784.07(2)(a) and (b).
 2144         7. Open carrying of a weapon, as defined in s. 790.053.
 2145         8. Exposure of sexual organs, as defined in s. 800.03.
 2146         9. Unlawful possession of a firearm, as defined in s.
 2147  790.22(5).
 2148         10. Petit theft, as defined in s. 812.014(3).
 2149         11. Cruelty to animals, as defined in s. 828.12(1).
 2150         12. Arson, as defined in s. 806.031(1).
 2151         13. Unlawful possession or discharge of a weapon or firearm
 2152  at a school-sponsored event or on school property, as provided
 2153  in s. 790.115.
 2154         Section 31. Paragraph (d) of subsection (1) of section
 2155  943.0585, Florida Statutes, is amended to read:
 2156         943.0585 Court-ordered expunction of criminal history
 2157  records.—
 2158         (1) ELIGIBILITY.—A person is eligible to petition a court
 2159  to expunge a criminal history record if:
 2160         (d) The person has never, as of the date the application
 2161  for a certificate of expunction is filed, been adjudicated
 2162  guilty in this state of a criminal offense or been adjudicated
 2163  delinquent in this state for committing any felony or any of the
 2164  following misdemeanors, unless the record of such adjudication
 2165  of delinquency has been expunged pursuant to s. 943.0515:
 2166         1. Assault, as defined in s. 784.011;
 2167         2. Battery, as defined in s. 784.03;
 2168         3. Assault on a law enforcement officer, a firefighter, or
 2169  other specified officers, as defined in s. 784.07(2)(a);
 2170         4. Carrying a concealed weapon, as defined in s. 790.01(2)
 2171  s. 790.01(1);
 2172         5. Open carrying of a weapon, as defined in s. 790.053;
 2173         6. 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         7. Unlawful use of destructive devices or bombs, as defined
 2177  in s. 790.1615(1);
 2178         8. Unlawful possession of a firearm, as defined in s.
 2179  790.22(5);
 2180         9. Exposure of sexual organs, as defined in s. 800.03;
 2181         10. Arson, as defined in s. 806.031(1);
 2182         11. Petit theft, as defined in s. 812.014(3);
 2183         12. Neglect of a child, as defined in s. 827.03(1)(e); or
 2184         13. Cruelty to animals, as defined in s. 828.12(1).
 2185         Section 32. Paragraph (b) of subsection (1) of section
 2186  943.059, Florida Statutes, is amended to read:
 2187         943.059 Court-ordered sealing of criminal history records.—
 2188         (1) ELIGIBILITY.—A person is eligible to petition a court
 2189  to seal a criminal history record when:
 2190         (b) The person has never, before the date the application
 2191  for a certificate of eligibility is filed, been adjudicated
 2192  guilty in this state of a criminal offense, or been adjudicated
 2193  delinquent in this state for committing any felony or any of the
 2194  following misdemeanor offenses, unless the record of such
 2195  adjudication of delinquency has been expunged pursuant to s.
 2196  943.0515:
 2197         1. Assault, as defined in s. 784.011;
 2198         2. Battery, as defined in s. 784.03;
 2199         3. Assault on a law enforcement officer, a firefighter, or
 2200  other specified officers, as defined in s. 784.07(2)(a);
 2201         4. Carrying a concealed weapon, as defined in s. 790.01(2)
 2202  s. 790.01(1);
 2203         5. Open carrying of a weapon, as defined in s. 790.053;
 2204         6. Unlawful possession or discharge of a weapon or firearm
 2205  at a school-sponsored event or on school property, as defined in
 2206  s. 790.115;
 2207         7. Unlawful use of destructive devices or bombs, as defined
 2208  in s. 790.1615(1);
 2209         8. Unlawful possession of a firearm by a minor, as defined
 2210  in s. 790.22(5);
 2211         9. Exposure of sexual organs, as defined in s. 800.03;
 2212         10. Arson, as defined in s. 806.031(1);
 2213         11. Petit theft, as defined in s. 812.014(3);
 2214         12. Neglect of a child, as defined in s. 827.03(1)(e); or
 2215         13. Cruelty to animals, as defined in s. 828.12(1).
 2216         Section 33. Paragraph (b) of subsection (1) of section
 2217  985.11, Florida Statutes, is amended to read:
 2218         985.11 Fingerprinting and photographing.—
 2219         (1)
 2220         (b) Unless the child is issued a civil citation or is
 2221  participating in a similar diversion program pursuant to s.
 2222  985.12, a child who is charged with or found to have committed
 2223  one of the following offenses shall be fingerprinted, and the
 2224  fingerprints shall be submitted to the Department of Law
 2225  Enforcement as provided in s. 943.051(3)(b):
 2226         1. Assault, as defined in s. 784.011.
 2227         2. Battery, as defined in s. 784.03.
 2228         3. Carrying a concealed weapon, as defined in s. 790.01(2)
 2229  s. 790.01(1).
 2230         4. Unlawful use of destructive devices or bombs, as defined
 2231  in s. 790.1615(1).
 2232         5. Neglect of a child, as defined in s. 827.03(1)(e).
 2233         6. Assault on a law enforcement officer, a firefighter, or
 2234  other specified officers, as defined in s. 784.07(2)(a).
 2235         7. Open carrying of a weapon, as defined in s. 790.053.
 2236         8. Exposure of sexual organs, as defined in s. 800.03.
 2237         9. Unlawful possession of a firearm, as defined in s.
 2238  790.22(5).
 2239         10. Petit theft, as defined in s. 812.014.
 2240         11. Cruelty to animals, as defined in s. 828.12(1).
 2241         12. Arson, resulting in bodily harm to a firefighter, as
 2242  defined in s. 806.031(1).
 2243         13. Unlawful possession or discharge of a weapon or firearm
 2244  at a school-sponsored event or on school property as defined in
 2245  s. 790.115.
 2246  
 2247  A law enforcement agency may fingerprint and photograph a child
 2248  taken into custody upon probable cause that such child has
 2249  committed any other violation of law, as the agency deems
 2250  appropriate. Such fingerprint records and photographs shall be
 2251  retained by the law enforcement agency in a separate file, and
 2252  these records and all copies thereof must be marked “Juvenile
 2253  Confidential.” These records are not available for public
 2254  disclosure and inspection under s. 119.07(1) except as provided
 2255  in ss. 943.053 and 985.04(2), but shall be available to other
 2256  law enforcement agencies, criminal justice agencies, state
 2257  attorneys, the courts, the child, the parents or legal
 2258  custodians of the child, their attorneys, and any other person
 2259  authorized by the court to have access to such records. In
 2260  addition, such records may be submitted to the Department of Law
 2261  Enforcement for inclusion in the state criminal history records
 2262  and used by criminal justice agencies for criminal justice
 2263  purposes. These records may, in the discretion of the court, be
 2264  open to inspection by anyone upon a showing of cause. The
 2265  fingerprint and photograph records shall be produced in the
 2266  court whenever directed by the court. Any photograph taken
 2267  pursuant to this section may be shown by a law enforcement
 2268  officer to any victim or witness of a crime for the purpose of
 2269  identifying the person who committed such crime.
 2270         Section 34. Paragraph (b) of subsection (16) of section
 2271  1002.33, Florida Statutes, is amended to read:
 2272         1002.33 Charter schools.—
 2273         (16) EXEMPTION FROM STATUTES.—
 2274         (b) Additionally, a charter school shall be in compliance
 2275  with the following statutes:
 2276         1. Section 286.011, relating to public meetings and
 2277  records, public inspection, and criminal and civil penalties.
 2278         2. Chapter 119, relating to public records.
 2279         3. Section 1003.03, relating to the maximum class size,
 2280  except that the calculation for compliance pursuant to s.
 2281  1003.03 shall be the average at the school level.
 2282         4. Section 1012.22(1)(c), relating to compensation and
 2283  salary schedules.
 2284         5. Section 1012.33(5), relating to workforce reductions.
 2285         6. Section 1012.335, relating to contracts with
 2286  instructional personnel hired on or after July 1, 2011.
 2287         7. Section 1012.34, relating to the substantive
 2288  requirements for performance evaluations for instructional
 2289  personnel and school administrators.
 2290         8. Section 1006.12, relating to safe-school officers.
 2291         9. Section 1006.07(7), relating to threat management
 2292  assessment teams.
 2293         10. Section 1006.07(9), relating to School Environmental
 2294  Safety Incident Reporting.
 2295         11. Section 1006.07(10), relating to reporting of
 2296  involuntary examinations.
 2297         12. Section 1006.1493, relating to the Florida Safe Schools
 2298  Assessment Tool.
 2299         13. Section 1006.07(6)(d), relating to adopting an active
 2300  assailant response plan.
 2301         14. Section 943.082(4)(b), relating to the mobile
 2302  suspicious activity reporting tool.
 2303         15. Section 1012.584, relating to youth mental health
 2304  awareness and assistance training.
 2305         Section 35. For the 2023-2024 fiscal year, the sum of $1.5
 2306  million in recurring funds from the General Revenue Fund is
 2307  appropriated to the Department of Law Enforcement to implement a
 2308  grant program for local law enforcement agencies to provide
 2309  firearm safety training. The department shall develop a process
 2310  and guidelines for the disbursement of funds appropriated in
 2311  this section. Local law enforcement grant recipients shall
 2312  report documentation on the use of training funds, in a form and
 2313  manner determined by the department.
 2314         Section 36. For the 2023-2024 fiscal year, eight full-time
 2315  equivalent positions, with associated salary rate of 582,000,
 2316  are authorized and the sums of $1,207,321 in recurring funds and
 2317  $70,525 in nonrecurring funds from the General Revenue Fund are
 2318  appropriated to the Department of Education to fund new and
 2319  existing positions and additional workload expenses within the
 2320  Office of Safe Schools.
 2321         Section 37. For the 2023-2024 fiscal year, the sum of
 2322  $400,000 in recurring funds from the General Revenue Fund is
 2323  appropriated to the Department of Education to fund the Office
 2324  of Safe Schools to update the existing school safety training
 2325  infrastructure.
 2326         Section 38. For the 2023-2024 fiscal year, the sums of $5
 2327  million in recurring funds and $7 million in nonrecurring funds
 2328  from the General Revenue Fund are appropriated to the Department
 2329  of Education to competitively procure for the development or
 2330  acquisition of a cloud-based secure statewide information
 2331  sharing system that meets the requirements of the threat
 2332  management portal as prescribed in this act.
 2333         Section 39. For the 2023-2024 fiscal year, the sums of $1.5
 2334  million in recurring funds and $1.5 million in nonrecurring
 2335  funds from the General Revenue Fund are appropriated to the
 2336  Department of Education to competitively procure for the
 2337  development or acquisition of a cloud-based secure School
 2338  Environmental Safety Incident Reporting (SESIR) system.
 2339         Section 40. For the 2023-2024 fiscal year, the sum of $42
 2340  million in nonrecurring funds from the General Revenue Fund is
 2341  appropriated to the Department of Education for school hardening
 2342  grant programs to improve the physical security of school
 2343  buildings based on the security risk assessment required
 2344  pursuant to s. 1006.1493, Florida Statutes. By December 31,
 2345  2023, school districts and charter schools receiving school
 2346  hardening grant program funds shall report to the Department of
 2347  Education, in a format prescribed by the department, the total
 2348  estimated costs of their unmet school campus hardening needs as
 2349  identified by the Florida Safe Schools Assessment Tool (FSSAT)
 2350  conducted pursuant to s. 1006.1493, Florida Statutes. The report
 2351  should include a prioritized list of school hardening project
 2352  needs by each school district or charter school and an expected
 2353  timeframe for implementing those projects. In accordance with
 2354  ss. 119.071(3)(a) and 281.301, Florida Statutes, data and
 2355  information related to security risk assessments administered
 2356  pursuant to s. 1006.1493, Florida Statutes, are confidential and
 2357  exempt from public records requirements. Funds may be used only
 2358  for capital expenditures. Funds shall be allocated initially
 2359  based on each district’s capital outlay full-time equivalent
 2360  (FTE) and charter school FTE. A district shall not be allocated
 2361  less than $42,000. Funds shall be provided based on a district’s
 2362  application, which must be submitted to the Department of
 2363  Education by February 1, 2024.
 2364         Section 41. Except as otherwise expressly provided in this
 2365  act and except for this section, which shall take effect upon
 2366  this act becoming a law, this act shall take effect July 1,
 2367  2023.