Title: School Safety

Summary: Providing an exception to a prohibition on possession of firearms or other specified devices on school property or other specified areas for certain school district personnel; authorizing a district school board to designate one or more school safety officers for each school campus; authorizing a school principal and district school superintendent to designate certain school personnel to carry a concealed weapon or firearm on school property while performing school duties under certain circumstances, etc.

Full Text:
An act relating to school safety; amending s. 790.115, F.S.; providing definitions; providing an exception to a prohibition on possession of firearms or other specified devices on school property or other specified areas for certain school district personnel; revising the applicability of a definition; amending s. 1006.12, F.S.; authorizing a district school board to designate one or more school safety officers for each school campus; authorizing a school principal and district school superintendent to designate certain school personnel to carry a concealed weapon or firearm on school property while performing school duties under certain circumstances; amending ss. 435.04, 790.251, 921.0022, and 1012.315, F.S.; conforming cross-references; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 790.115, Florida Statutes, is amended to read: 790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.  (1) As used in this section, the term: (a) School,  except as provided in subsection (3), means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic. (b) School district  means a school district organized and existing pursuant to s. 4(a), Art. IX of the State Constitution. (2) (1)  A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner. (3) This section does not apply to school district personnel who have been designated by a school principal or by the district school superintendent as authorized to carry a concealed weapon or firearm on school district property. (a) A school principal or the district school superintendent may designate one or more school district personnel to carry a concealed weapon or firearm on school district property. (b) A designee authorized to carry a concealed weapon or firearm on school district property under this subsection may carry such weapon or firearm in a concealed manner only and may do so only while performing his or her official school duties. Additionally, the designee must submit to the authorizing principal or authorizing superintendent proof of completion of training or experience as described in ss. 493.6113 (3)(b) and 493.6303 (4). (c) For purposes of this subsection,  school  means any public elementary school, public middle school, public junior high school, or public secondary school. (4) (2) (a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm: 1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried; 2. In a case to a career center having a firearms training range; or 3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges. For the purposes of this section,  school  means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic. (b) A person who willfully and knowingly possesses any electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. A person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A person who stores or leaves a loaded firearm within the reach or easy access of a minor who obtains the firearm and commits a violation of subparagraph 1. commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; except that this does not apply if the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a firearm-mounted push button combination lock or a trigger lock; if the minor obtains the firearm as a result of an unlawful entry by any person; or to members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties. (d) A person who discharges any weapon or firearm while in violation of paragraph (a), unless discharged for lawful defense of himself or herself or another or for a lawful purpose, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e) The penalties of this subsection shall not apply to persons licensed under s. 790.06. Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12), except that a licenseholder who unlawfully discharges a weapon or firearm on school property as prohibited by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) (3)  This section does not apply to any law enforcement officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14). (6) (4)  Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1), any minor under years of age who is charged under this section with possessing or discharging a firearm on school property shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a probable cause hearing within hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention for a period of days, during which time the minor shall receive medical, psychiatric, psychological, or substance abuse examinations pursuant to s. 985.18, and a written report shall be completed. Section 2. Paragraph (b) of subsection (2) of section 1006.12, Florida Statutes, is amended, and subsection (3) is added to that section, to read: 1006.12 School resource officers and school safety officers.  (2) (b) A district school board may commission one or more school safety officers for the protection and safety of school personnel, property, and students on each school campus within the school district. The district school superintendent may recommend and the district school board may appoint the one or more school safety officers. (3)   A school principal or the district school superintendent may also authorize one or more school district personnel to carry a concealed weapon or firearm on school district property under s. 790.115 (3). Section 3. Paragraphs (p) and (q) of subsection (2) of section 435.04, Florida Statutes, are amended to read: 435.04 Level screening standards.  (2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction: (p) Section 790.115 (2) 790.115 (1),relating to exhibiting firearms or weapons within 1,000 feet of a school. (q) Section 790.115 (4)(b) 790.115 (2)(b),relating to possessing an electric weapon or device, destructive device, or other weapon on school property. Section 4. Paragraph (a) of subsection (7) of section 790.251, Florida Statutes, is amended to read: 790.251 Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts; duty of public and private employers; immunity from liability; enforcement.  (7) EXCEPTIONS. The prohibitions in subsection (4) do not apply to: (a) Any school property as defined in s. 790.115 (1) and regulated under that section s. 790.115.Section 5. Paragraphs (d) and (f) of subsection (3) of section 921.0022, Florida Statutes, are amended to read: 921.0022 Criminal Punishment Code; offense severity ranking chart.  (3) OFFENSE SEVERITY RANKING CHART (d) LEVEL FloridaStatute FelonyDegree Description 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. 499.0051(1) 3rd Failure to maintain or deliver pedigree papers. 499.0051(2) 3rd Failure to authenticate pedigree papers. 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 517.07(1) 3rd Failure to register securities. 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 784.075 3rd Battery on detention or commitment facility staff. 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 784.08(2)(c) 3rd Battery on a person years of age or older. 784.081(3) 3rd Battery on specified official or employee. 784.082(3) 3rd Battery by detained person on visitor or other detainee. 784.083(3) 3rd Battery on code inspector. 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 787.07 3rd Human smuggling. 790.115 (2) 790.115 (1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 790.115 (4)(b) 790.115 (2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 790.115 (4)(c) 790.115 (2)(c) 3rd Possessing firearm on school property. 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than years. 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 810.06 3rd Burglary; possession of tools. 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 817.568(2)(a) 3rd Fraudulent use of personal identification information. 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder. 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 837.02(1) 3rd Perjury in official proceedings. 837.021(1) 3rd Make contradictory statements in official proceedings. 838.022 3rd Official misconduct. 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services. 843.021 3rd Possession of a concealed handcuff key by a person in custody. 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than years. 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang. 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). 914.14(2) 3rd Witnesses accepting bribes. 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 918.12 3rd Tampering with jurors. 934.215 3rd Use of two-way communications device to facilitate commission of a crime. (f) LEVEL FloridaStatute FelonyDegree Description 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 499.0051(3) 2nd Knowing forgery of pedigree papers. 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 775.0875(1) 3rd Taking firearm from law enforcement officer. 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 784.041 3rd Felony battery; domestic battery by strangulation. 784.048(3) 3rd Aggravated stalking; credible threat. 784.048(5) 3rd Aggravated stalking of person under 16. 784.07(2)(c) 2nd Aggravated assault on law enforcement officer. 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 784.08(2)(b) 2nd Aggravated assault on a person years of age or older. 784.081(2) 2nd Aggravated assault on specified official or employee. 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 784.083(2) 2nd Aggravated assault on code inspector. 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 790.115 (4)(d) 790.115 (2)(d) 2nd Discharging firearm or weapon on school property. 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 794.05(1) 2nd Unlawful sexual activity with specified minor. 800.04(5)(d) 3rd Lewd or lascivious molestation; victim years of age or older but less than years; offender less than years. 800.04(6)(b) 2nd Lewd or lascivious conduct; offender years of age or older. 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense. 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction. 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others. 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 825.102(1) 3rd Abuse of an elderly person or disabled adult. 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000. 827.03(2)(c) 3rd Abuse of a child. 827.03(2)(d) 3rd Neglect of a child. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 836.05 2nd Threats; extortion. 836.10 2nd Written threats to kill or do bodily injury. 843.12 3rd Aids or assists person to escape. 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 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. 944.40 2nd Escapes. 944.46 3rd Harboring, concealing, aiding escaped prisoners. 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility. Section 6. Paragraphs (n) and (o) of subsection (1) of section 1012.315, Florida Statutes, are amended to read: 1012.315 Disqualification from employment. A person is ineligible for educator certification, and instructional personnel and school administrators, as defined in s. 1012.01, are ineligible for employment in any position that requires direct contact with students in a district school system, charter school, or private school that accepts scholarship students under s. 1002.39 or s. 1002.395, if the person, instructional personnel, or school administrator has been convicted of: (1) Any felony offense prohibited under any of the following statutes: (n) Section 790.115 (2) 790.115 (1),relating to exhibiting firearms or weapons at a school-sponsored event, on school property, or within 1,000 feet of a school. (o) Section 790.115 (4)(b) 790.115 (2)(b),relating to possessing an electric weapon or device, destructive device, or other weapon at a school-sponsored event or on school property. Section 7. This act shall take effect July 1, 2013.