Florida Senate - 2013 SB 1418
By Senator Hays
11-01125C-13 20131418__
1 A bill to be entitled
2 An act relating to school safety; amending s. 790.115,
3 F.S.; providing definitions; providing an exception to
4 a prohibition on possession of firearms or other
5 specified devices on school property or other
6 specified areas for certain school district personnel;
7 revising the applicability of a definition; amending
8 s. 1006.12, F.S.; authorizing a district school board
9 to designate one or more school safety officers for
10 each school campus; authorizing a school principal and
11 district school superintendent to designate certain
12 school personnel to carry a concealed weapon or
13 firearm on school property while performing school
14 duties under certain circumstances; amending ss.
15 435.04, 790.251, 921.0022, and 1012.315, F.S.;
16 conforming cross-references; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 790.115, Florida Statutes, is amended to
22 read:
23 790.115 Possessing or discharging weapons or firearms at a
24 school-sponsored event or on school property prohibited;
25 penalties; exceptions.—
26 (1) As used in this section, the term:
27 (a) “School,” except as provided in subsection (3), means
28 any preschool, elementary school, middle school, junior high
29 school, secondary school, career center, or postsecondary
30 school, whether public or nonpublic.
31 (b) “School district” means a school district organized and
32 existing pursuant to s. 4(a), Art. IX of the State Constitution.
33 (2)(1) A person who exhibits any sword, sword cane,
34 firearm, electric weapon or device, destructive device, or other
35 weapon as defined in s. 790.001(13), including a razor blade,
36 box cutter, or common pocketknife, except as authorized in
37 support of school-sanctioned activities, in the presence of one
38 or more persons in a rude, careless, angry, or threatening
39 manner and not in lawful self-defense, at a school-sponsored
40 event or on the grounds or facilities of any school, school bus,
41 or school bus stop, or within 1,000 feet of the real property
42 that comprises a public or private elementary school, middle
43 school, or secondary school, during school hours or during the
44 time of a sanctioned school activity, commits a felony of the
45 third degree, punishable as provided in s. 775.082, s. 775.083,
46 or s. 775.084. This subsection does not apply to the exhibition
47 of a firearm or weapon on private real property within 1,000
48 feet of a school by the owner of such property or by a person
49 whose presence on such property has been authorized, licensed,
50 or invited by the owner.
51 (3) This section does not apply to school district
52 personnel who have been designated by a school principal or by
53 the district school superintendent as authorized to carry a
54 concealed weapon or firearm on school district property.
55 (a) A school principal or the district school
56 superintendent may designate one or more school district
57 personnel to carry a concealed weapon or firearm on school
58 district property.
59 (b) A designee authorized to carry a concealed weapon or
60 firearm on school district property under this subsection may
61 carry such weapon or firearm in a concealed manner only and may
62 do so only while performing his or her official school duties.
63 Additionally, the designee must submit to the authorizing
64 principal or authorizing superintendent proof of completion of
65 training or experience as described in ss. 493.6113(3)(b) and
66 493.6303(4).
67 (c) For purposes of this subsection, “school” means any
68 public elementary school, public middle school, public junior
69 high school, or public secondary school.
70 (4)(2)(a) A person shall not possess any firearm, electric
71 weapon or device, destructive device, or other weapon as defined
72 in s. 790.001(13), including a razor blade or box cutter, except
73 as authorized in support of school-sanctioned activities, at a
74 school-sponsored event or on the property of any school, school
75 bus, or school bus stop; however, a person may carry a firearm:
76 1. In a case to a firearms program, class or function which
77 has been approved in advance by the principal or chief
78 administrative officer of the school as a program or class to
79 which firearms could be carried;
80 2. In a case to a career center having a firearms training
81 range; or
82 3. In a vehicle pursuant to s. 790.25(5); except that
83 school districts may adopt written and published policies that
84 waive the exception in this subparagraph for purposes of student
85 and campus parking privileges.
86
87 For the purposes of this section, “school” means any preschool,
88 elementary school, middle school, junior high school, secondary
89 school, career center, or postsecondary school, whether public
90 or nonpublic.
91 (b) A person who willfully and knowingly possesses any
92 electric weapon or device, destructive device, or other weapon
93 as defined in s. 790.001(13), including a razor blade or box
94 cutter, except as authorized in support of school-sanctioned
95 activities, in violation of this subsection commits a felony of
96 the third degree, punishable as provided in s. 775.082, s.
97 775.083, or s. 775.084.
98 (c)1. A person who willfully and knowingly possesses any
99 firearm in violation of this subsection commits a felony of the
100 third degree, punishable as provided in s. 775.082, s. 775.083,
101 or s. 775.084.
102 2. A person who stores or leaves a loaded firearm within
103 the reach or easy access of a minor who obtains the firearm and
104 commits a violation of subparagraph 1. commits a misdemeanor of
105 the second degree, punishable as provided in s. 775.082 or s.
106 775.083; except that this does not apply if the firearm was
107 stored or left in a securely locked box or container or in a
108 location which a reasonable person would have believed to be
109 secure, or was securely locked with a firearm-mounted push
110 button combination lock or a trigger lock; if the minor obtains
111 the firearm as a result of an unlawful entry by any person; or
112 to members of the Armed Forces, National Guard, or State
113 Militia, or to police or other law enforcement officers, with
114 respect to firearm possession by a minor which occurs during or
115 incidental to the performance of their official duties.
116 (d) A person who discharges any weapon or firearm while in
117 violation of paragraph (a), unless discharged for lawful defense
118 of himself or herself or another or for a lawful purpose,
119 commits a felony of the second degree, punishable as provided in
120 s. 775.082, s. 775.083, or s. 775.084.
121 (e) The penalties of this subsection shall not apply to
122 persons licensed under s. 790.06. Persons licensed under s.
123 790.06 shall be punished as provided in s. 790.06(12), except
124 that a licenseholder who unlawfully discharges a weapon or
125 firearm on school property as prohibited by this subsection
126 commits a felony of the second degree, punishable as provided in
127 s. 775.082, s. 775.083, or s. 775.084.
128 (5)(3) This section does not apply to any law enforcement
129 officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
130 (8), (9), or (14).
131 (6)(4) Notwithstanding s. 985.24, s. 985.245, or s.
132 985.25(1), any minor under 18 years of age who is charged under
133 this section with possessing or discharging a firearm on school
134 property shall be detained in secure detention, unless the state
135 attorney authorizes the release of the minor, and shall be given
136 a probable cause hearing within 24 hours after being taken into
137 custody. At the hearing, the court may order that the minor
138 continue to be held in secure detention for a period of 21 days,
139 during which time the minor shall receive medical, psychiatric,
140 psychological, or substance abuse examinations pursuant to s.
141 985.18, and a written report shall be completed.
142 Section 2. Paragraph (b) of subsection (2) of section
143 1006.12, Florida Statutes, is amended, and subsection (3) is
144 added to that section, to read:
145 1006.12 School resource officers and school safety
146 officers.—
147 (2)
148 (b) A district school board may commission one or more
149 school safety officers for the protection and safety of school
150 personnel, property, and students on each school campus within
151 the school district. The district school superintendent may
152 recommend and the district school board may appoint the one or
153 more school safety officers.
154 (3) A school principal or the district school
155 superintendent may also authorize one or more school district
156 personnel to carry a concealed weapon or firearm on school
157 district property under s. 790.115(3).
158 Section 3. Paragraphs (p) and (q) of subsection (2) of
159 section 435.04, Florida Statutes, are amended to read:
160 435.04 Level 2 screening standards.—
161 (2) The security background investigations under this
162 section must ensure that no persons subject to the provisions of
163 this section have been arrested for and are awaiting final
164 disposition of, have been found guilty of, regardless of
165 adjudication, or entered a plea of nolo contendere or guilty to,
166 or have been adjudicated delinquent and the record has not been
167 sealed or expunged for, any offense prohibited under any of the
168 following provisions of state law or similar law of another
169 jurisdiction:
170 (p) Section 790.115(2) 790.115(1), relating to exhibiting
171 firearms or weapons within 1,000 feet of a school.
172 (q) Section 790.115(4)(b) 790.115(2)(b), relating to
173 possessing an electric weapon or device, destructive device, or
174 other weapon on school property.
175 Section 4. Paragraph (a) of subsection (7) of section
176 790.251, Florida Statutes, is amended to read:
177 790.251 Protection of the right to keep and bear arms in
178 motor vehicles for self-defense and other lawful purposes;
179 prohibited acts; duty of public and private employers; immunity
180 from liability; enforcement.—
181 (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
182 apply to:
183 (a) Any school property as defined in s. 790.115(1) and
184 regulated under that section s. 790.115.
185 Section 5. Paragraphs (d) and (f) of subsection (3) of
186 section 921.0022, Florida Statutes, are amended to read:
187 921.0022 Criminal Punishment Code; offense severity ranking
188 chart.—
189 (3) OFFENSE SEVERITY RANKING CHART
190 (d) LEVEL 4
191 FloridaStatute FelonyDegree Description
192 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
193 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
194 499.0051(2) 3rd Failure to authenticate pedigree papers.
195 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
196 517.07(1) 3rd Failure to register securities.
197 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
198 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
199 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
200 784.075 3rd Battery on detention or commitment facility staff.
201 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
202 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
203 784.081(3) 3rd Battery on specified official or employee.
204 784.082(3) 3rd Battery by detained person on visitor or other detainee.
205 784.083(3) 3rd Battery on code inspector.
206 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
207 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
208 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
209 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
210 787.07 3rd Human smuggling.
211 790.115(2)790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
212 790.115(4)(b)790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
213 790.115(4)(c)790.115(2)(c) 3rd Possessing firearm on school property.
214 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
215 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
216 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
217 810.06 3rd Burglary; possession of tools.
218 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
219 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
220 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
221 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
222 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
223 817.568(2)(a) 3rd Fraudulent use of personal identification information.
224 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
225 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
226 837.02(1) 3rd Perjury in official proceedings.
227 837.021(1) 3rd Make contradictory statements in official proceedings.
228 838.022 3rd Official misconduct.
229 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
230 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
231 843.021 3rd Possession of a concealed handcuff key by a person in custody.
232 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
233 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
234 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
235 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang.
236 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
237 914.14(2) 3rd Witnesses accepting bribes.
238 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
239 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
240 918.12 3rd Tampering with jurors.
241 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
242 (f) LEVEL 6
243 FloridaStatute FelonyDegree Description
244 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
245 499.0051(3) 2nd Knowing forgery of pedigree papers.
246 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
247 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
248 775.0875(1) 3rd Taking firearm from law enforcement officer.
249 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
250 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
251 784.041 3rd Felony battery; domestic battery by strangulation.
252 784.048(3) 3rd Aggravated stalking; credible threat.
253 784.048(5) 3rd Aggravated stalking of person under 16.
254 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
255 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
256 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
257 784.081(2) 2nd Aggravated assault on specified official or employee.
258 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
259 784.083(2) 2nd Aggravated assault on code inspector.
260 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
261 790.115(4)(d)790.115(2)(d) 2nd Discharging firearm or weapon on school property.
262 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
263 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
264 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
265 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
266 794.05(1) 2nd Unlawful sexual activity with specified minor.
267 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
268 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
269 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
270 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
271 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
272 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
273 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
274 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
275 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
276 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
277 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
278 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
279 825.102(1) 3rd Abuse of an elderly person or disabled adult.
280 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
281 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
282 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
283 827.03(2)(c) 3rd Abuse of a child.
284 827.03(2)(d) 3rd Neglect of a child.
285 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
286 836.05 2nd Threats; extortion.
287 836.10 2nd Written threats to kill or do bodily injury.
288 843.12 3rd Aids or assists person to escape.
289 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
290 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
291 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
292 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
293 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
294 944.40 2nd Escapes.
295 944.46 3rd Harboring, concealing, aiding escaped prisoners.
296 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
297 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
298 Section 6. Paragraphs (n) and (o) of subsection (1) of
299 section 1012.315, Florida Statutes, are amended to read:
300 1012.315 Disqualification from employment.—A person is
301 ineligible for educator certification, and instructional
302 personnel and school administrators, as defined in s. 1012.01,
303 are ineligible for employment in any position that requires
304 direct contact with students in a district school system,
305 charter school, or private school that accepts scholarship
306 students under s. 1002.39 or s. 1002.395, if the person,
307 instructional personnel, or school administrator has been
308 convicted of:
309 (1) Any felony offense prohibited under any of the
310 following statutes:
311 (n) Section 790.115(2) 790.115(1), relating to exhibiting
312 firearms or weapons at a school-sponsored event, on school
313 property, or within 1,000 feet of a school.
314 (o) Section 790.115(4)(b) 790.115(2)(b), relating to
315 possessing an electric weapon or device, destructive device, or
316 other weapon at a school-sponsored event or on school property.
317 Section 7. This act shall take effect July 1, 2013.