Florida Senate - 2014                                     SB 968
       By Senator Hays
       11-00240A-14                                           2014968__
    1                        A bill to be entitled                      
    2         An act relating to school safety; providing
    3         legislative intent; amending s. 790.115, F.S.;
    4         providing an exception to a prohibition on possession
    5         of firearms or other specified devices on school
    6         property or in other specified areas for authorized
    7         concealed weapon or firearm licensees as designated by
    8         school principals or district superintendents;
    9         providing requirements for designees; amending s.
   10         1006.07, F.S.; requiring a school district board to
   11         formulate policies and procedures for managing active
   12         shooter and hostage situations; requiring that active
   13         shooter training for each school be conducted by the
   14         law enforcement agency that is designated as the
   15         first-responder agency for the school; requiring that
   16         plans for new schools be reviewed by law enforcement
   17         agencies for specified purposes; requiring that all
   18         recommendations be incorporated into such plans before
   19         construction contracts may be awarded; amending s.
   20         1006.12, F.S.; authorizing district school boards to
   21         commission one or more school safety officers on each
   22         school campus; amending ss. 435.04, 790.251, 921.0022,
   23         and 1012.315, F.S.; conforming cross-references;
   24         providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. It is the intent of the Legislature to prevent
   29  violent crimes from occurring on school grounds. The Legislature
   30  acknowledges that the safekeeping of our students, teachers, and
   31  campuses is imperative. In addition, it is the intent of the
   32  Legislature that school principals or authorizing
   33  superintendents be allowed, but not required, to have one or
   34  more designees as described in the amendments made by this act
   35  to s. 790.115, Florida Statutes.
   36         Section 2. Section 790.115, Florida Statutes, is amended to
   37  read:
   38         790.115 Possessing or discharging weapons or firearms at a
   39  school-sponsored event or on school property prohibited;
   40  penalties; exceptions.—
   41         (1) As used in this section, the term “school” means a
   42  preschool, elementary school, middle school, junior high school,
   43  or secondary school, whether public or nonpublic.
   44         (2)(1) A person who exhibits any sword, sword cane,
   45  firearm, electric weapon or device, destructive device, or other
   46  weapon as defined in s. 790.001(13), including a razor blade,
   47  box cutter, or common pocketknife, except as authorized in
   48  support of school-sanctioned activities, in the presence of one
   49  or more persons in a rude, careless, angry, or threatening
   50  manner and not in lawful self-defense, at a school-sponsored
   51  event or on the grounds or facilities of any school, school bus,
   52  or school bus stop, or within 1,000 feet of the real property on
   53  which that comprises a public or private elementary school is
   54  situated, middle school, or secondary school, during school
   55  hours or during the time of a sanctioned school activity,
   56  commits a felony of the third degree, punishable as provided in
   57  s. 775.082, s. 775.083, or s. 775.084. This subsection does not
   58  apply to the exhibition of a firearm or weapon on private real
   59  property within 1,000 feet of a school by the owner of such
   60  property or by a person whose presence on such property has been
   61  authorized, licensed, or invited by the owner.
   62         (3)(2)(a) A person may shall not possess any firearm,
   63  electric weapon or device, destructive device, or other weapon
   64  as defined in s. 790.001(13), including a razor blade or box
   65  cutter, except as authorized in support of school-sanctioned
   66  activities, at a school-sponsored event or on the property of
   67  any school, school bus, or school bus stop; however, a person
   68  may carry a firearm:
   69         1. In a case to a firearms program, class, or function
   70  which has been approved in advance by the principal or chief
   71  administrative officer of the school as a program or class to
   72  which firearms may could be carried;
   73         2. In a case to a career center having a firearms training
   74  range; or
   75         3. In a vehicle pursuant to s. 790.25(5), unless the school
   76  district adopts; except that school districts may adopt written
   77  and published policies that waive the exception in this
   78  subparagraph for purposes of student and campus parking
   79  privileges.
   81  For the purposes of this section, “school” means any preschool,
   82  elementary school, middle school, junior high school, secondary
   83  school, career center, or postsecondary school, whether public
   84  or nonpublic.
   85         (b) A person who willfully and knowingly possesses any
   86  electric weapon or device, destructive device, or other weapon
   87  as defined in s. 790.001(13), including a razor blade or box
   88  cutter, except as authorized in support of school-sanctioned
   89  activities, in violation of this subsection commits a felony of
   90  the third degree, punishable as provided in s. 775.082, s.
   91  775.083, or s. 775.084.
   92         (c)1. A person who willfully and knowingly possesses any
   93  firearm in violation of this subsection commits a felony of the
   94  third degree, punishable as provided in s. 775.082, s. 775.083,
   95  or s. 775.084.
   96         2. A person who stores or leaves a loaded firearm within
   97  the reach or easy access of a minor who obtains the firearm and
   98  commits a violation of subparagraph 1. commits a misdemeanor of
   99  the second degree, punishable as provided in s. 775.082 or s.
  100  775.083.; except that This subparagraph does not apply:
  101         a. If the firearm was stored or left in a securely locked
  102  box or container or in a location which a reasonable person
  103  would have believed to be secure, or was securely locked with a
  104  firearm-mounted push-button combination lock or a trigger lock;
  105         b. If the minor obtains the firearm as a result of an
  106  unlawful entry by any person; or
  107         c. To members of the Armed Forces, National Guard, or State
  108  Militia, or to police or other law enforcement officers, with
  109  respect to firearm possession by a minor which occurs during or
  110  incidental to the performance of their official duties.
  111         (d) A person who discharges any weapon or firearm while in
  112  violation of paragraph (a), unless discharged for lawful defense
  113  of himself, or herself, or another or for a lawful purpose,
  114  commits a felony of the second degree, punishable as provided in
  115  s. 775.082, s. 775.083, or s. 775.084.
  116         (e) The penalties of this subsection do shall not apply to
  117  persons licensed under s. 790.06. Persons licensed under s.
  118  790.06 shall be punished as provided in s. 790.06(12), except
  119  that a licenseholder who unlawfully discharges a weapon or
  120  firearm on school property as prohibited by this subsection
  121  commits a felony of the second degree, punishable as provided in
  122  s. 775.082, s. 775.083, or s. 775.084.
  123         (4)(3) This section does not apply to any law enforcement
  124  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
  125  (8), (9), or (14).
  126         (5) Notwithstanding subsections (2) and (3), a school
  127  principal may designate an employee of that school to carry a
  128  concealed weapon or firearm on school property, and a district
  129  school superintendent may designate an employee of the school
  130  district to carry a concealed weapon or firearm in an
  131  administrative building of the school district.
  132         (a) A designee authorized under this subsection to carry a
  133  concealed weapon or firearm on such school property may only
  134  carry such weapon or firearm in a concealed manner.
  135         1. The weapon or firearm must be carried on the designee’s
  136  person at all times while the designee is performing his or her
  137  official school duties.
  138         2. The designee must submit to the authorizing principal or
  139  superintendent proof of completion of a minimum of 40 hours of a
  140  school safety program and annually complete 8 hours of active
  141  shooting training and 4 hours of firearm proficiency training as
  142  such training programs are defined and administered by the
  143  Department of Law Enforcement.
  144         (b) In order to be eligible for appointment as a designee
  145  under this subsection, a person must be:
  146         a. A military veteran who was honorably discharged and who
  147  has not been found to have committed a firearms-related
  148  disciplinary infraction during his or her service;
  149         b. An active-duty member of the military, the National
  150  Guard, or military reserves who has not been found to have
  151  committed a firearms-related disciplinary infraction during his
  152  or her service;
  153         c. A law enforcement officer or a former law enforcement
  154  officer who has not been found to have committed a firearms
  155  related disciplinary infraction during his or her law
  156  enforcement service; or
  157         d. In possession of a valid permit under s. 790.06.
  158         (c) Each public or private school principal or
  159  superintendent may designate one or more designees who have
  160  passed the training administered by the Department of Law
  161  Enforcement and any additional screening as required by the
  162  school principal or superintendent pursuant to this subsection.
  163         (6)(4) Notwithstanding s. 985.24, s. 985.245, or s.
  164  985.25(1), a any minor younger than under 18 years of age who is
  165  charged under this section with possessing or discharging a
  166  firearm on school property shall be detained in secure
  167  detention, unless the state attorney authorizes the release of
  168  the minor, and shall be given a probable cause hearing within 24
  169  hours after being taken into custody. At the hearing, the court
  170  may order that the minor continue to be held in secure detention
  171  for a period of 21 days, during which time the minor shall
  172  receive medical, psychiatric, psychological, or substance abuse
  173  examinations pursuant to s. 985.18, and a written report shall
  174  be completed.
  175         Section 3. Subsections (4) and (6) of section 1006.07,
  176  Florida Statutes, are amended, and subsection (7) is added to
  177  that section, to read:
  178         1006.07 District school board duties relating to student
  179  discipline and school safety.—The district school board shall
  180  provide for the proper accounting for all students, for the
  181  attendance and control of students at school, and for proper
  182  attention to health, safety, and other matters relating to the
  183  welfare of students, including:
  185         (a) Formulate and prescribe policies and procedures for
  186  emergency drills and for actual emergencies, including, but not
  187  limited to, fires, natural disasters, active shooters, hostage
  188  situations, and bomb threats, for all the public schools of the
  189  district which comprise grades K-12. District school board
  190  policies shall include commonly used alarm system responses for
  191  specific types of emergencies and verification by each school
  192  that drills have been provided as required by law and fire
  193  protection codes. The emergency response agency that is
  194  responsible for notifying the school district for each type of
  195  emergency must be listed in the district’s emergency response
  196  policy.
  197         (b) Establish model emergency management and emergency
  198  preparedness procedures, including emergency notification
  199  procedures pursuant to paragraph (a), for the following life
  200  threatening emergencies:
  201         1. Weapon-use, and hostage, and active-shooter situations.
  202  The active-shooter situation training for each school must be
  203  conducted by the law enforcement agency that is designated as
  204  the first responder for the school’s campus.
  205         2. Hazardous materials or toxic chemical spills.
  206         3. Weather emergencies, including hurricanes, tornadoes,
  207  and severe storms.
  208         4. Exposure as a result of a manmade emergency.
  209         (6) SAFETY AND SECURITY BEST PRACTICES.—Use the Safety and
  210  Security Best Practices developed by the Office of Program
  211  Policy Analysis and Government Accountability to conduct a self
  212  assessment of the school districts’ current safety and security
  213  practices. Based on these self-assessment findings, the district
  214  school superintendent shall provide recommendations to the
  215  district school board and local law enforcement agencies that
  216  are first responders for the district campuses which identify
  217  strategies and activities that the district school board should
  218  implement in order to improve school safety and security.
  219  Annually each district school board must receive the self
  220  assessment results at a publicly noticed district school board
  221  meeting to provide the public an opportunity to hear the
  222  district school board members discuss and take action on the
  223  report findings. Each district school superintendent shall
  224  report the self-assessment results and school board action to
  225  the commissioner within 30 days after the district school board
  226  meeting.
  227         (7) SAFETY IN CONSTRUCTION AND PLANNING.—Before beginning
  228  the construction bid process, a district school board shall
  229  supply construction plans for a new school to the law
  230  enforcement agency designated as the law enforcement first
  231  responder for that school for review and comment concerning
  232  school safety and emergency issues. The district school board
  233  must incorporate any changes recommended by the law enforcement
  234  agency into the plans before awarding a construction bid.
  235         Section 4. Paragraph (b) of subsection (2) of section
  236  1006.12, Florida Statutes, is amended to read:
  237         1006.12 School resource officers and school safety
  238  officers.—
  239         (2)
  240         (b) A district school board may commission one or more
  241  school safety officers for the protection and safety of school
  242  personnel, property, and students on each school campus within
  243  the school district. The district school superintendent may
  244  recommend and the district school board may appoint the one or
  245  more school safety officers.
  246         Section 5. Paragraphs (p) and (q) of subsection (2) of
  247  section 435.04, Florida Statutes, are amended to read:
  248         435.04 Level 2 screening standards.—
  249         (2) The security background investigations under this
  250  section must ensure that no persons subject to the provisions of
  251  this section have been arrested for and are awaiting final
  252  disposition of, have been found guilty of, regardless of
  253  adjudication, or entered a plea of nolo contendere or guilty to,
  254  or have been adjudicated delinquent and the record has not been
  255  sealed or expunged for, any offense prohibited under any of the
  256  following provisions of state law or similar law of another
  257  jurisdiction:
  258         (p) Section 790.115(2) 790.115(1), relating to exhibiting
  259  firearms or weapons within 1,000 feet of a school.
  260         (q) Section 790.115(3)(b) 790.115(2)(b), relating to
  261  possessing an electric weapon or device, destructive device, or
  262  other weapon on school property.
  263         Section 6. Paragraph (a) of subsection (7) of section
  264  790.251, Florida Statutes, is amended to read:
  265         790.251 Protection of the right to keep and bear arms in
  266  motor vehicles for self-defense and other lawful purposes;
  267  prohibited acts; duty of public and private employers; immunity
  268  from liability; enforcement.—
  269         (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
  270  apply to:
  271         (a) Any school property as defined in s. 790.115(1) and
  272  regulated under that section s. 790.115.
  273         Section 7. Paragraphs (d) and (f) of subsection (3) of
  274  section 921.0022, Florida Statutes, are amended to read:
  275         921.0022 Criminal Punishment Code; offense severity ranking
  276  chart.—
  278         (d) LEVEL 4
  280  FloridaStatute    FelonyDegree           Description            
  281  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.
  282  499.0051(1)          3rd   Failure to maintain or deliver pedigree papers.
  283  499.0051(2)          3rd   Failure to authenticate pedigree papers.
  284  499.0051(6)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  285  517.07(1)            3rd   Failure to register securities.   
  286  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
  287  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
  288  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
  289  784.075              3rd   Battery on detention or commitment facility staff.
  290  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  291  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
  292  784.081(3)           3rd   Battery on specified official or employee.
  293  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
  294  784.083(3)           3rd   Battery on code inspector.        
  295  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  296  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
  297  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  298  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  299  787.07               3rd   Human smuggling.                  
  300  790.115(2) 790.115(1)   3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
  301  790.115(3)(b) 790.115(2)(b)   3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
  302  790.115(3)(c) 790.115(2)(c)   3rd   Possessing firearm on school property.
  303  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
  304  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  305  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  306  810.06               3rd   Burglary; possession of tools.    
  307  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
  308  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
  309  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  310  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
  311  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  312  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
  313  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
  314  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  315  837.02(1)            3rd   Perjury in official proceedings.  
  316  837.021(1)           3rd   Make contradictory statements in official proceedings.
  317  838.022              3rd   Official misconduct.              
  318  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
  319  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Family Services.
  320  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
  321  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  322  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
  323  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
  324  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
  325  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).
  326  914.14(2)            3rd   Witnesses accepting bribes.       
  327  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
  328  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  329  918.12               3rd   Tampering with jurors.            
  330  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
  331         (f) LEVEL 6
  333  FloridaStatute    FelonyDegree           Description            
  334  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  335  499.0051(3)          2nd   Knowing forgery of pedigree papers.
  336  499.0051(4)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  337  499.0051(5)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  338  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  339  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  340  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  341  784.041              3rd   Felony battery; domestic battery by strangulation.
  342  784.048(3)           3rd   Aggravated stalking; credible threat.
  343  784.048(5)           3rd   Aggravated stalking of person under 16.
  344  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  345  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  346  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  347  784.081(2)           2nd   Aggravated assault on specified official or employee.
  348  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  349  784.083(2)           2nd   Aggravated assault on code inspector.
  350  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  351  790.115(3)(d) 790.115(2)(d)   2nd   Discharging firearm or weapon on school property.
  352  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  353  790.164(1)           2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  354  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  355  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  356  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  357  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.
  358  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  359  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  360  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  361  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  362  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  363  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  364  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  365  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  366  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  367  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  368  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  369  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  370  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  371  825.103(2)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
  372  827.03(2)(c)         3rd   Abuse of a child.                 
  373  827.03(2)(d)         3rd   Neglect of a child.               
  374  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  375  836.05               2nd   Threats; extortion.               
  376  836.10               2nd   Written threats to kill or do bodily injury.
  377  843.12               3rd   Aids or assists person to escape. 
  378  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  379  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  380  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  381  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  382  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.
  383  944.40               2nd   Escapes.                          
  384  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  385  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  386  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  387         Section 8. Paragraphs (n) and (o) of subsection (1) of
  388  section 1012.315, Florida Statutes, are amended to read:
  389         1012.315 Disqualification from employment.—A person is
  390  ineligible for educator certification, and instructional
  391  personnel and school administrators, as defined in s. 1012.01,
  392  are ineligible for employment in any position that requires
  393  direct contact with students in a district school system,
  394  charter school, or private school that accepts scholarship
  395  students under s. 1002.39 or s. 1002.395, if the person,
  396  instructional personnel, or school administrator has been
  397  convicted of:
  398         (1) Any felony offense prohibited under any of the
  399  following statutes:
  400         (n) Section 790.115(2) 790.115(1), relating to exhibiting
  401  firearms or weapons at a school-sponsored event, on school
  402  property, or within 1,000 feet of a school.
  403         (o) Section 790.115(3)(b) 790.115(2)(b), relating to
  404  possessing an electric weapon or device, destructive device, or
  405  other weapon at a school-sponsored event or on school property.
  406         Section 9. This act shall take effect July 1, 2014.