Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 7026
Senate . House
The Committee on Appropriations (Stewart) recommended the
1 Senate Amendment (with title amendment)
3 Delete lines 1543 - 1734
4 and insert:
5 Section 23. Section 790.053, Florida Statutes, is amended
6 to read:
7 790.053 Open carrying of weapons.—
8 (1) Except as provided in subsection (2) or otherwise
9 provided by law
and in subsection (2), it is unlawful for any
10 person to openly carry on or about his or her person any firearm
11 or electric weapon or device. It is not a violation of this
12 section for a person licensed to carry a concealed firearm as
13 provided in s. 790.06(1), and who is lawfully carrying a firearm
14 in a concealed manner, to briefly and openly display the firearm
15 to the ordinary sight of another person, unless the firearm is
16 intentionally displayed in an angry or threatening manner, not
17 in necessary self-defense.
18 (2)(a) A person may openly carry, for purposes of lawful
20 1. (a) A self-defense chemical spray.
21 2. (b) A nonlethal stun gun or dart-firing stun gun or other
22 nonlethal electric weapon or device that is designed solely for
23 defensive purposes.
24 (b) This subsection does not apply to a person, other than
25 a school faculty or staff member, within a school safety zone as
26 defined in s. 810.0975.
27 (3) Any person violating this section commits a misdemeanor
28 of the second degree, punishable as provided in s. 775.082 or s.
30 Section 24. Section 790.0535, Florida Statutes, is created
31 to read:
32 790.0535 Surrender of weapon or firearm in school safety
33 zone; immunity.—A person who is within a school safety zone, as
34 defined in s. 810.0975, and is otherwise in violation of s.
35 790.01, s. 790.053, or s. 790.06(12) due to the carrying of a
36 weapon or firearm may not be charged with such violation if he
37 or she:
38 (1) At the earliest opportunity after entering the school
39 safety zone surrenders the weapon or firearm to a law
40 enforcement officer, school principal, or other person
41 designated by the school principal.
42 (2) Has committed no other violation of law involving the
43 weapon or firearm while within the school safety zone.
44 Section 25. Paragraph (a) of subsection (12) of section
45 790.06, Florida Statutes, is amended to read:
46 790.06 License to carry concealed weapon or firearm.—
47 (12)(a) A license issued under this section does not
48 authorize any person to openly carry a handgun or carry a
49 concealed weapon or firearm into:
50 1. Any place of nuisance as defined in s. 823.05;
51 2. Any police, sheriff, or highway patrol station;
52 3. Any detention facility, prison, or jail;
53 4. Any courthouse;
54 5. Any courtroom, except that nothing in this section would
55 preclude a judge from carrying a concealed weapon or determining
56 who will carry a concealed weapon in his or her courtroom;
57 6. Any polling place;
58 7. Any meeting of the governing body of a county, public
59 school district, municipality, or special district;
60 8. Any meeting of the Legislature or a committee thereof;
61 9. Any school, college, or professional athletic event not
62 related to firearms;
63 10. Any school safety zone as defined in s. 810.0975 or any
64 elementary or secondary school facility or administration
66 11. Any career center;
67 12. Any portion of an establishment licensed to dispense
68 alcoholic beverages for consumption on the premises, which
69 portion of the establishment is primarily devoted to such
71 13. Any college or university facility unless the licensee
72 is a registered student, employee, or faculty member of such
73 college or university and the weapon is a stun gun or nonlethal
74 electric weapon or device designed solely for defensive purposes
75 and the weapon does not fire a dart or projectile;
76 14. The inside of the passenger terminal and sterile area
77 of any airport, provided that no person shall be prohibited from
78 carrying any legal firearm into the terminal, which firearm is
79 encased for shipment for purposes of checking such firearm as
80 baggage to be lawfully transported on any aircraft; or
81 15. Any place where the carrying of firearms is prohibited
82 by federal law.
83 Section 26. Subsection (4) is added to section 1006.025,
84 Florida Statutes, to read:
85 1006.025 Guidance services.—
86 (4) Each school district’s guidance plan shall include
87 mandatory guidance counseling in school safety issues for
88 students in kindergarten through grade 5 using Florida’s School
89 Counseling and Guidance Framework.
90 Section 27. Section 1006.149, Florida Statutes, is created
91 to read:
92 1006.149 Public School Emergency Response Learning System
94 (1) The Public School Emergency Response Learning System
95 Program is established to assist school personnel in preparing
96 for and responding to active emergency situations and to
97 implement local notification systems for all Florida public
98 schools, with the ultimate goal of preventing tragedy and the
99 loss of life through proactive strategies.
100 (2) The program is created within the department and shall
101 be administered by the Office of Safe Schools, created pursuant
102 to s. 1001.217. Through the program, local law enforcement
103 agencies shall partner with participating public preschools,
104 public child care providers, or public school districts and
105 schools. Training, notifications, and resources must be
106 available for school personnel and students and their families
107 through, at minimum, the following mechanisms:
108 (a) Activities and direct training to mitigate risk and
109 save lives in emergency situations, such as lockdown, bomb
110 threat, active shooter, and other emergency situations.
111 (b) Vital local notification systems implemented to alert
112 schools of imminent danger.
113 (c) Other resources provided in conjunction with the
114 training, including, but not limited to, an emergency plan flip
115 chart, communication cards, instructional resources, activity
116 books for children and teachers, and certificates of training
117 and completion.
118 (3) Each program participant must develop a preemptive plan
119 of action that includes multiple options for addressing various
120 situations based on the form of danger present and the unique
121 needs and circumstances of each school and its faculty, staff,
122 students, and visitors.
123 (4) A school district must include in its emergency
124 notification procedures established pursuant to s. 1006.07 any
125 program participant who notifies the district of his or her
126 desire to participate.
127 (5) Funding for program activities may be provided by the
128 Legislature to implement this section.
130 ================= T I T L E A M E N D M E N T ================
131 And the title is amended as follows:
132 Delete lines 164 - 184
133 and insert:
134 specified evaluations; amending s. 790.053, F.S.;
135 providing that an exception to prohibition on the open
136 carrying of weapons for certain nonlethal weapons does
137 not apply to persons, other than school faculty or
138 staff members, within school safety zones; creating s.
139 790.0535, F.S.; providing that a person present within
140 a school safety zone who is carrying a weapon or
141 firearm in violation of specified provisions may avoid
142 charges by surrendering the weapon or firearm to a
143 specified person at the earliest opportunity if the
144 person has committed no other offense involving the
145 weapon or firearm within the zone; amending s. 790.06,
146 F.S.; providing that a license to carry a concealed
147 weapon or firearm does not authorize any person to
148 openly carry a handgun or carry a concealed weapon or
149 firearm in a school safety zone; amending s. 1006.025,
150 F.S.; requiring a school district’s guidance plan to
151 include mandatory guidance counseling for certain
152 students in school safety issues; creating s.
153 1006.149, F.S.; establishing the Public School
154 Emergency Response Learning System Program within the
155 department; establishing the program as a partnership
156 between local law enforcement agencies and public
157 education entities; specifying activities, training,
158 notification systems, and resources provided through
159 the program; specifying the creation of a preemptive
160 plan of action; authorizing funding provided by the
161 Legislature to implement the program; creating s.