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The Florida Senate

2020 Florida Statutes

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943 DEPARTMENT OF LAW ENFORCEMENT Entire Chapter
SECTION 687
Marjory Stoneman Douglas High School Public Safety Commission.
F.S. 943.687
943.687 Marjory Stoneman Douglas High School Public Safety Commission.—
(1) There is created within the Department of Law Enforcement the Marjory Stoneman Douglas High School Public Safety Commission, a commission as defined in s. 20.03.
(2)(a) The commission shall convene no later than June 1, 2018, and shall be composed of 16 members. Five members shall be appointed by the President of the Senate, five members shall be appointed by the Speaker of the House of Representatives, and five members shall be appointed by the Governor. From the members of the commission, the Governor shall appoint the chair. Appointments must be made by April 30, 2018. The Commissioner of the Department of Law Enforcement shall serve as a member of the commission. The Secretary of Children and Families, the Secretary of Juvenile Justice, the Secretary of Health Care Administration, and the Commissioner of Education shall serve as ex officio, nonvoting members of the commission. Members shall serve at the pleasure of the officer who appointed the member. A vacancy on the commission shall be filled in the same manner as the original appointment.
(b) The General Counsel of the Department of Law Enforcement shall serve as the general counsel for the commission.
(c) The Department of Law Enforcement staff, as assigned by the chair, shall assist the commission in performing its duties.
(d) The commission shall meet as necessary to conduct its work at the call of the chair and at the time designated by him or her at locations throughout the state. The commission may conduct its meetings through teleconferences or other similar means.
(e) Members of the commission are entitled to receive reimbursement for per diem and travel expenses pursuant to s. 112.061.
(3) The commission shall investigate system failures in the Marjory Stoneman Douglas High School shooting and prior mass violence incidents in this state and develop recommendations for system improvements. At a minimum, the commission shall analyze information and evidence from the Marjory Stoneman Douglas High School shooting and other mass violence incidents in this state. At a minimum, the commission shall:
(a) Develop a timeline of the incident, incident response, and all relevant events preceding the incident, with particular attention to all perpetrator contacts with local, state, and national government agencies and entities and any contract providers of such agencies and entities.
(b) Investigate any failures in incident responses by local law enforcement agencies and school resource officers.
1. Identify existing policies and procedures for active assailant incidents on school premises and evaluate the compliance with such policies and procedures in the execution of incident responses.
2. Evaluate existing policies and procedures for active assailant incidents on school premises in comparison with national best practices.
3. Evaluate the extent to which any failures in policy, procedure, or execution contributed to an inability to prevent deaths and injuries.
4. Make specific recommendations for improving law enforcement and school resource officer incident response in the future.
5. Make specific recommendations for determining the appropriate ratio of school resource officers per school by school type. At a minimum, the methodology for determining the ratio should include the school location, student population, and school design.
(c) Investigate any failures in interactions with perpetrators preceding mass violence incidents.
1. Identify the history of interactions between perpetrators and governmental entities such as schools, law enforcement agencies, courts, and social service agencies, and identify any failures to adequately communicate or coordinate regarding indicators of risk or possible threats.
2. Evaluate the extent to which any such failures contributed to an inability to prevent deaths and injuries.
3. Make specific recommendations for improving communication and coordination among entities with knowledge of indicators of risk or possible threats of mass violence in the future.
4. Identify available state and local tools and resources for enhancing communication and coordination regarding indicators of risk or possible threats, including, but not limited to, the Department of Law Enforcement Fusion Center or Judicial Inquiry System, and make specific recommendations for using such tools and resources more effectively in the future.
(4) The commission has the power to investigate. The commission may delegate to its investigators the authority to administer oaths and affirmations.
(5) The Commissioner of the Department of Law Enforcement shall use his or her subpoena power to compel the attendance of witnesses to testify before the commission. The Commissioner of the Department of Law Enforcement shall use his or her subpoena power to compel the production of any books, papers, records, documentary evidence, and other items, including confidential information, relevant to the performance of the duties of the commission or to the exercise of its powers. The chair or any other member of the commission may administer all oaths and affirmations in the manner prescribed by law to witnesses who appear before the commission for the purpose of testifying in any matter of which the commission desires evidence. In the case of a refusal to obey a subpoena, the commission may make application to any circuit court of this state having jurisdiction to order the witness to appear before the commission and to produce evidence, if so ordered, or to give testimony relevant to the matter in question. Failure to obey the order may be punished by the court as contempt.
(6) The commission may call upon appropriate agencies of state government for such professional assistance as may be needed in the discharge of its duties, and such agencies shall provide such assistance in a timely manner.
(7) Notwithstanding any other law, the commission may request and shall be provided with access to any information or records, including exempt or confidential and exempt information or records, which pertain to the Marjory Stoneman Douglas High School shooting and prior mass violence incidents in Florida being reviewed by the commission and which are necessary for the commission to carry out its duties. Information or records obtained by the commission which are otherwise exempt or confidential and exempt shall retain such exempt or confidential and exempt status, and the commission may not disclose any such information or records.
(8) Any portion of a meeting of the Marjory Stoneman Douglas High School Public Safety Commission at which exempt or confidential and exempt information is discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.
(9) The commission shall submit an initial report on its findings and recommendations to the Governor, President of the Senate, and Speaker of the House of Representatives by January 1, 2019, and may issue reports annually thereafter. The commission shall sunset July 1, 2023, and this section is repealed on that date.
History.—s. 2, ch. 2018-1; s. 20, ch. 2018-3.