Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for SB 7026 Ì848972PÎ848972 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Braynon moved the following: 1 Senate Amendment to Amendment (318628) (with title 2 amendment) 3 4 Delete lines 35 - 82 5 and insert: 6 (k) Create the Florida Sheriff’s Marshal Pilot Program 7 within the Department of Education as a voluntary program to 8 assist public schools in the school districts in Citrus, Holmes, 9 and Nassau Counties in enhancing the safety and security of 10 students, faculty, and staff of, and visitors to, public schools 11 and campuses in those counties. The program is administered by 12 the Office of Safe Schools, created pursuant to s. 20.15. 13 1. The purpose of the program is to provide comprehensive 14 firearm safety and proficiency training for selected faculty and 15 staff strategically focused on providing security on campus 16 during an active assailant incident. Public school faculty and 17 staff who voluntarily participate in and complete the program, 18 as recommended by the school district, are designated as special 19 deputy sheriffs with all rights, responsibilities, and 20 obligations in carrying concealed firearms on campus, as 21 authorized pursuant to s. 30.09. 22 2. As used in this paragraph, the term: 23 a. “Active assailant incident” means a situation in which 24 an armed assailant is posing an immediate deadly threat to 25 persons on the premises or campus of a public school. 26 b. “Campus” means a school, as defined in s. 1003.01(2), 27 and facilities and school plants operated and controlled by a 28 public school district in accordance with s. 1003.02. 29 c. “Partnership agreement” means a jointly approved 30 contract between the sheriff operating the program and the 31 superintendent of a participating school district sponsor. 32 d. “Program” means a Florida Sheriff’s Marshal Pilot 33 Program as established and administered by a sheriff in 34 accordance with this section. 35 e. “Sheriff” means the county sheriff constitutional 36 officer elected or appointed in accordance with chapter 30 of a 37 county that is authorized and elects to participate in the 38 program. 39 f. “Sheriff’s marshal” means a faculty or staff member who 40 is recommended and sponsored by a school district and has been 41 successfully screened and approved by the sheriff to participate 42 in a program. 43 g. “Special deputy sheriff” means a program participant who 44 has successfully completed the program and who is appointed as a 45 law enforcement officer in the same manner as a deputy sheriff 46 as provided in s. 30.072(2) and certified under chapter 943. 47 3. At a minimum, program eligibility and participation 48 requirements must include: 49 a. A school district authorized to participate may sponsor 50 and recommend to the sheriff public school faculty and staff 51 members as candidates for voluntary participation in the 52 program. The sheriff shall establish timelines and requirements 53 for participation through a partnership agreement with the 54 sponsoring school district superintendent. To be eligible for 55 consideration and recommendation, a candidate must be licensed 56 in accordance with s. 790.06. 57 b. After screening a candidate, including performing 58 criminal background checks, drug testing, and a psychological 59 evaluation, the sheriff may approve a candidate to participate 60 in the program as a sheriff’s marshal. 61 c. Upon successful completion of the program, a sheriff’s 62 marshal may be appointed by the sheriff as a special deputy 63 sheriff for the limited purpose of responding to an active 64 assailant incident on a campus of his or her school district 65 during an active assailant incident. 66 4.a. At a minimum, the partnership agreement must provide 67 that a special deputy sheriff: 68 (I) Must participate in and complete the program’s 69 professional training requirements as a precondition to meeting 70 the legal requirements of chapter 30 to be eligible to carry a 71 concealed firearm on a campus of his or her sponsoring school 72 district. 73 (II) May not act in any law enforcement capacity outside of 74 an active assailant incident on a school district campus and 75 does not have any authority in a law enforcement capacity off 76 campus in any way, except as otherwise expressly authorized by 77 law. 78 (III). May carry concealed, approved firearms on campus. 79 The firearms must be specifically purchased and issued for the 80 sole purpose of the program. Only concealed carry safety 81 holsters and firearms approved by the sheriff may be used under 82 the program. 83 (IV). Must successfully complete training with the 84 sheriff’s office before his or her appointment as a special 85 deputy sheriff, including meeting the requirements of this 86 section. 87 b. The appointment of a person as a special deputy sheriff 88 does not entitle the person to the special risk category that 89 applies to law enforcement officers pursuant to s. 121.0515. 90 5. TRAINING AND INSTRUCTION.—All training must be conducted 91 by Criminal Justice Standards Training Commission (CJSTC) 92 certified instructors. 93 a. Required instruction must include 132 total hours of 94 comprehensive firearm safety and proficiency training in the 95 following topics: 96 (I) Firearms: 80-hour block of instruction. The firearms 97 instruction must be based on the CJSTC Law Enforcement Academy 98 training model and must be enhanced to include 10 percent to 20 99 percent more rounds fired by each program participant beyond the 100 minimum average of approximately 1,000 training rounds 101 associated with academy training. Program participants must 102 achieve an 85 percent pass rate on the firearms training. 103 (II) Firearms precision pistol: 16-hour block of 104 instruction. 105 (III) Firearms discretionary shooting: 4-hour block of 106 instruction using state-of-the-art simulator exercises. 107 (IV) Active shooter or assailant: 8-hour block of 108 instruction. 109 (V) Defensive tactics: 4-hour block of instruction. 110 (VI) Legal or high liability: 20-hour block of instruction. 111 b. Program participants may complete an optional, 16-hour 112 precision pistol course as additional training. 113 c. Ongoing and annual proficiency retraining must be 114 conducted by the sheriff, as specified in the agreement. 115 6. The sheriff or the district superintendent may deny or 116 terminate a sheriff’s marshal or special deputy sheriff’s 117 participation in the program for any reason, including, but not 118 limited to, any of the following circumstances: 119 a. An arrest or filing of criminal charges against a 120 program participant by a law enforcement agency. 121 b. The service of process on the program participant as the 122 respondent of an injunction for protection. 123 c. The involuntary placement of the program participant in 124 a treatment facility for a mental health examination under The 125 Baker Act. 126 d. A violation of sheriff office policies, orders, or 127 requirements by the program participant. 128 e. A violation of the school district’s code of conduct or 129 employee handbook or policy by the program participant. 130 7.a. The sheriff shall maintain documentation of weapon and 131 equipment inspections, as well as the training, certification, 132 inspection, and qualification records of each program 133 participant. 134 b. Each program participant must be distinctly and visually 135 identifiable to responding law enforcement officers, faculty, 136 staff, and students, in the case of any active assailant 137 incident on a sponsoring school district’s campus. 138 c. Each sheriff’s marshal must execute a volunteer 139 agreement with the sheriff’s office outlining duties and 140 responsibilities. 141 d. A sponsoring school district must conduct awareness 142 training about the program for all school district faculty and 143 staff members. 144 e. Specific implementation requirements, responsibilities, 145 and other aspects of implementation must be specified in a 146 partnership agreement. 147 8. FUNDING.—The costs of program participation must be 148 established in the partnership agreement. Funding may be 149 provided by the Legislature to support school district and 150 sheriff office administration, sponsorship, participation, and 151 implementation of this section. 152 153 ================= T I T L E A M E N D M E N T ================ 154 And the title is amended as follows: 155 Delete lines 2443 - 2448 156 and insert: 157 establishing the Florida Sheriff’s Marshall Pilot 158 Program within the Department of Education; 159 establishing the program as a voluntary program to 160 assist public schools in the school districts of 161 certain counties; requiring the Office of Safe Schools 162 to administer the pilot program; providing the purpose 163 of the program; defining terms; providing requirements 164 for program eligibility and participation; specifying 165 requirements for a special deputy sheriff; authorizing 166 the sheriff or district superintendent to deny or 167 terminate a sheriff’s marshal or special deputy 168 sheriff under certain circumstances; providing for 169 implementation; providing for funding; amending s. 170 121.091, F.S.;