Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 7026
                              LEGISLATIVE ACTION                        
                    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
   19  self-defense:
   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.
   29  775.083.
   30         Section 24. Section 790.0535, Florida Statutes, is created
   31  to read:
   32         790.0535Surrender 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
   65  building;
   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
   70  purpose;
   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
   93  Program.—
   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.