This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7025z.DOCX
DATE: 4/26/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 7025 PCB JDC 23-01 Pub. Rec./Safe School Officers
SPONSOR(S): Judiciary Committee, Brannan
TIED BILLS: CS/HB 543 IDEN./SIM. BILLS: SB 152
FINAL HOUSE FLOOR ACTION: 107 Y’s
1 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
HB 7025 passed the House on March 24, 2023, and subsequently passed the Senate on March 30, 2023.
Section 1006.12, F.S., requires district school boards and school district superintendents to partner with law
enforcement or security agencies to establish or assign one or more safe-school officers at each school facility
within the district, including charter schools. A safe-school officer may be a school resource officer, school
safety officer, school guardian, or a school security guard. Each of these safe-school officers must meet
specified training and eligibility requirements and be certified for a specified safe-school officer position.
Documentation of a person’s training and certification as a safe-school officer is maintained by the sheriff,
school district, or charter school. Section 1006.12(8), F.S., provides a public records exemption for information
held by a law enforcement agency, school district, or charter school that would identify whether a person has
been appointed as a safe-school officer.
CS/HB 543 (2023), to which this bill is linked, amends s. 1002.42, F.S., to authorize a private school to partner
with a law enforcement or security agency to establish or assign a safe-school officer to a private school. A
private school electing to implement a safe-school officer program must comply with the same statutory
requirements for such officers as school districts and charter schools, including providing training and
certification records to the sheriff.
The bill, which is linked to the passage of CS/HB 543, creates a public records exemption for any information
that is held by a law enforcement agency that may identify whether a particular individual has been assigned
as a safe-school officer pursuant to s. 1006.12, F.S., at a private school. This public records exemption mirrors
the existing public records exemption for information that is held by a law enforcement agency, school district,
or charter school that would identify whether a particular individual has been appointed as a safe-school officer
at a public or charter school.
The bill is subject to the Open Government Sunset Review Act and stands repealed on October 2, 2028,
unless reviewed and saved from repeal through reenactment by the Legislature.
The bill does not appear to have a fiscal impact.
The bill was approved by the Governor on April 3, 2023, ch. 2023-19, L.O.F., and will become effective on July
1, 2023.
STORAGE NAME: h7025z.DOCX PAGE: 2
DATE: 4/26/2023
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. The section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of article I, section 24(a) of
the Florida Constitution.
1
The general law must state with specificity the public necessity justifying the
exemption and must be no broader than necessary to accomplish its purpose.
2
Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt. Furthermore, the Open Government Sunset Review Act (Act)
3
provides
that a public record or public meeting exemption may be created or maintained only if it serves an
identifiable public purpose and the “Legislature finds that the purpose is sufficiently compelling to
override the strong public policy of open government and cannot be accomplished without the
exemption.”
4
In addition, the exemption may be no broader than is necessary to meet one of the
following purposes:
5
Allowing the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protecting sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protect trade or business secrets.
The Act also requires the automatic repeal of a public record exemption on October 2nd of the fifth year
after its creation or substantial amendment, unless the Legislature reenacts the exemption. When
considering reenacting an exemption, the Act directs the Legislature to carefully question the purpose
and necessity of reenacting the exemption. If continued and expanded, the exemption requires a public
necessity statement and a two-thirds vote of the members present.
Safe-school Officers
District school boards and school district superintendents are required to partner with law enforcement
or security agencies to establish or assign one or more safe-school officers at each school facility within
the district, including charter schools. To assist charter schools with fulfilling this requirement, a district
school board must collaborate with charter school governing boards to facilitate charter school access
to all safe-school officer options.
6
A safe-school officer may be a school resource officer, school safety officer, school guardian, or a
school security guard. A school district may implement any combination of the following options based
upon the needs of the school district:
7
1
Art. I, s. 24(c), Fla. Const.
2
Id.
3
S. 119.15, F.S.
4
S. 119.15(6)(b), F.S.
5
Id.
6
S. 1006.12, F.S.
7
S. 1006.12(1)–(4), F.S.
STORAGE NAME: h7025z.DOCX PAGE: 3
DATE: 4/26/2023
School Resource Officer: Establish a school resource officer program through a cooperative
agreement with law enforcement agencies. A school resource officer is a certified law
enforcement officer
8
who is employed by a law enforcement agency and is required to undergo
criminal background checks, drug testing, and a psychological evaluation.
9
School resource
officers abide by school board policies and consult with and coordinate activities through the
school principal. They are responsible to the law enforcement agency in all matters relating to
employment, subject to agreements between a school board and a law enforcement agency.
Activities conducted by the school resource officer, which are part of the regular instructional
program of the school, are under the principal's direction.
10
School Safety Officer: Commission one or more school safety officers as recommended by the
district school superintendent and appointed by the district school board. A school safety officer
is a certified law enforcement officer
11
who may be employed by a district school board or law
enforcement agency and is required to undergo criminal background checks, drug testing, and a
psychological evaluation. A school safety officer has and must exercise the power to make
arrests for violations of law on school board property or on property owned or leased by a
charter school under a charter contract. The officer may also make arrests off school board
property if the law violation occurred on such property and may carry weapons when performing
his or her official duties. A school safety officer’s salary may be paid jointly by the school board
and the law enforcement agency, as mutually agreed.
12
School Guardian: Appoint a school guardian under the Coach Aaron Feis School Guardian
program who is certified by the sheriff after completing a psychological evaluation, drug testing,
and specified training, which includes firearm instruction. A guardian may be a school district
employee or charter school employee who volunteers to serve as a guardian, in support of
school sanctioned activities, in addition to his or her official job duties. A qualifying individual
may also be employed specifically as a guardian.
13
Guardians do not have arrest powers.
14
School Security Guard: Contract with a security agency to employ a school security guard. A
school security guard is an individual who is employed by a security agency and serves on a
school facility as a safe-school officer in support of school sanctioned activities. Security guards
are required to hold a concealed weapons permit and undergo drug testing and a psychological
evaluation. An individual serving in this capacity must also complete guardian program training,
including 144 training hours.
15
A security guard must aid in the prevention or abatement of
active assailant incidents on school premises,
16
but does not have arrest powers.
17
Section 1006.12(8), F.S., provides a public records exemption for any information held by a law
enforcement agency, school district, or charter school that would identify whether a particular individual
has been appointed as a safe-school officer.
CS/HB 543 (2023)
CS/HB 543 (2023), to which this bill is linked, amends s. 1002.42, F.S., to authorize a private school to
partner with a law enforcement or security agency to establish or assign a safe-school officer to a
private school. A private school electing to implement a safe-school officer program is required to
comply with the same statutory requirements for such officers as school districts and charter schools.
8
See s. 943.10(1), F.S.
9
S. 1006.12(1)(a), F.S.
10
S. 1006.12(1)(b), F.S.
11
See s. 943.10(1), F.S.
12
S. 1006.12(2), F.S.
13
S. 1006.12(3), F.S.
14
S. 30.15(1)(k), F.S.
15
S. 1006.12(4), F.S.
16
S. 1006.12(4)(c), F.S.
17
S. 30.15(1)(k), F.S.
STORAGE NAME: h7025z.DOCX PAGE: 4
DATE: 4/26/2023
As such, documentation of a person’s training and certification as a safe-school officer will be
maintained by the sheriff and private school.
Effect of the Bill
The bill, which is linked to the passage of CS/HB 543, creates a public records exemption for any
information that is held by a law enforcement agency that may identify whether a particular individual
has been assigned as a safe-school officer pursuant to s. 1006.12, F.S., at a private school. This public
records exemption mirrors the existing public records exemption for information that is held by a law
enforcement agency, school district, or charter school that would identify whether a particular individual
has been appointed as a safe-school officer at a public or charter school.
The bill provides the public records exemption is a public necessity because disclosure of the identity of
a safe-school officer could affect his or her ability to adequately respond to an active assailant situation.
The bill is subject to the Open Government Sunset Review Act and stands repealed on October 2,
2028, unless reviewed and saved from repeal through reenactment by the Legislature.
The effective date of this bill is July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.