Florida Senate Bill S0150 Introduced / Bill

 Florida Senate - 2023 SB 150  By Senator Collins 14-00566C-23 2023150__ 1 A bill to be entitled 2 An act relating to public safety; amending s. 27.53, 3 F.S.; conforming provisions to changes made by the 4 act; amending s. 30.15, F.S.; requiring sheriffs to 5 assist private schools in complying with a certain 6 statute; authorizing a private school to request the 7 sheriff to establish a guardian program under certain 8 conditions; providing requirements for the guardian 9 program; authorizing certified individuals to serve as 10 school guardians if appointed by the applicable 11 private school head of school; revising the training 12 program hours required for school employees to be 13 certified as school guardians; amending s. 768.28, 14 F.S.; revising a definition; amending s. 790.001, 15 F.S.; defining the term handgun; amending s. 790.01, 16 F.S.; authorizing a person to carry a concealed weapon 17 or concealed firearm if he or she is licensed to do so 18 or meets specified requirements; creating s. 790.013, 19 F.S.; requiring a person who is carrying a concealed 20 weapon or concealed firearm without a license to carry 21 valid identification and display such identification 22 upon demand by a law enforcement officer; providing a 23 noncriminal penalty; prohibiting a person who is 24 carrying a concealed weapon or concealed firearm 25 without a license from carrying such weapon or firearm 26 in specified locations; amending s. 790.015, F.S.; 27 authorizing a nonresident to carry a concealed weapon 28 or concealed firearm in this state if he or she meets 29 the same requirements as a resident; removing a 30 requirement that limits recognition of concealed 31 firearm licenses to those states that honor Florida 32 concealed weapon or concealed firearm licenses; 33 amending s. 790.052, F.S.; conforming provisions to 34 changes made by the act; amending s. 790.053, F.S.; 35 specifying that it is not a violation of specified 36 provisions for persons authorized to carry a concealed 37 weapon or concealed firearm without a license to 38 briefly and openly display a firearm under specified 39 circumstances; amending s. 790.06, F.S.; defining the 40 term concealed weapon or concealed firearm; removing 41 a requirement that a person who is licensed to carry a 42 concealed weapon or concealed firearm must carry such 43 license while he or she is in actual possession of a 44 concealed weapon or concealed firearm; revising 45 legislative findings; making technical changes; 46 amending s. 790.0655, F.S.; making technical changes; 47 amending s. 790.115, F.S.; providing that a person who 48 is authorized to carry a concealed weapon or concealed 49 firearm without a license is subject to specified 50 penalties for possessing such weapon or firearm at a 51 school-sponsored event or on school property; 52 conforming provisions to changes made by the act; 53 revising applicability; repealing s. 790.145, F.S., 54 relating to the possession of firearms or destructive 55 devices within the premises of pharmacies; amending s. 56 790.25, F.S.; providing that a person who is 57 authorized to carry a concealed weapon or concealed 58 firearm may carry such weapon or firearm on his or her 59 person in a private conveyance under certain 60 circumstances; conforming provisions to changes made 61 by the act; making technical changes; amending s. 62 790.251, F.S.; revising the definition of the term 63 employee to include any person who is authorized to 64 carry a concealed weapon or concealed firearm; 65 prohibiting an employer from conditioning employment 66 upon the fact that an employee or a prospective 67 employee is authorized to carry a concealed weapon or 68 concealed firearm; amending s. 790.31, F.S.; removing 69 the definition of the term handgun; creating s. 70 943.6873, F.S.; requiring each law enforcement agency 71 in this state to create and maintain an active 72 assailant response policy by a specified date; 73 providing requirements for the policy; amending s. 74 1001.212, F.S.; requiring the Office of Safe Schools 75 to develop a behavioral threat management operational 76 process by a specified date; providing requirements 77 for the process; revising provisions requiring the 78 office to develop a Florida-specific behavioral threat 79 assessment instrument by a specified date; revising 80 requirements for the instrument; requiring the office 81 to develop, host, maintain, and administer a threat 82 management portal by a specified date; providing 83 requirements for the threat management portal; 84 providing a noncriminal penalty for an individual 85 using the threat management portal for an unauthorized 86 purpose; deleting provisions providing for the 87 Statewide Threat Assessment Database Workgroup; 88 authorizing the State Board of Education to adopt 89 emergency rules; amending s. 1002.42, F.S.; 90 authorizing a private school to partner with a law 91 enforcement agency or security agency for specified 92 purposes; requiring a private school that establishes 93 a safe-school officer to comply with specified 94 provisions of law; providing that the private school 95 is responsible for certain implementation costs; 96 amending s. 1003.25, F.S.; revising information 97 included in verified reports of serious or recurrent 98 behavior patterns; amending s. 1006.07, F.S.; 99 redesignating threat assessment teams as threat 100 management teams; requiring a charter school governing 101 board to establish a threat management team; providing 102 requirements for a threat management team; requiring 103 the threat management team to prepare a specified 104 report; authorizing the state board to adopt emergency 105 rules; providing legislative findings; creating s. 106 1006.121, F.S.; requiring the Department of Education 107 to establish the Florida Safe Schools Canine Program; 108 requiring the Office of Safe Schools to consult with 109 specified entities; defining the term firearm 110 detection canine; providing requirements for the 111 program; requiring the State Board of Education to 112 adopt rules; amending s. 1006.13, F.S.; conforming 113 provisions to changes made by the act; providing 114 reporting requirements for certain school safety 115 incidents; amending ss. 790.1612, 810.095, 921.0022, 116 921.0024, 943.051, 943.0585, 943.059, 985.11, and 117 1002.33 F.S.; conforming provisions to changes made by 118 the act; providing appropriations; providing effective 119 dates. 120 121 Be It Enacted by the Legislature of the State of Florida: 122 123 Section 1.Subsections (1) and (4) of section 27.53, 124 Florida Statutes, are amended to read: 125 27.53Appointment of assistants and other staff; method of 126 payment. 127 (1)The public defender of each judicial circuit is 128 authorized to employ and establish, in such numbers as 129 authorized by the General Appropriations Act, assistant public 130 defenders and other staff and personnel pursuant to s. 29.006, 131 who shall be paid from funds appropriated for that purpose. 132 Notwithstanding ss. 790.01 and 790.02, the provisions of s. 133 790.01, s. 790.02, or s. 790.25(2)(a), an investigator employed 134 by a public defender, while actually carrying out official 135 duties, is authorized to carry concealed weapons if the 136 investigator complies with s. 790.25(2)(o) s. 790.25(3)(o). 137 However, such investigators are not eligible for membership in 138 the Special Risk Class of the Florida Retirement System. The 139 public defenders of all judicial circuits shall jointly develop 140 a coordinated classification and pay plan which shall be 141 submitted on or before January 1 of each year to the Justice 142 Administrative Commission, the office of the President of the 143 Senate, and the office of the Speaker of the House of 144 Representatives. Such plan shall be developed in accordance with 145 policies and procedures of the Executive Office of the Governor 146 established in s. 216.181. Each assistant public defender 147 appointed by a public defender under this section shall serve at 148 the pleasure of the public defender. Each investigator employed 149 by a public defender shall have full authority to serve any 150 witness subpoena or court order issued, by any court or judge 151 within the judicial circuit served by such public defender, in a 152 criminal case in which such public defender has been appointed 153 to represent the accused. 154 (4)The five criminal conflict and civil regional counsels 155 may employ and establish, in the numbers authorized by the 156 General Appropriations Act, assistant regional counsels and 157 other staff and personnel in each judicial district pursuant to 158 s. 29.006, who shall be paid from funds appropriated for that 159 purpose. Notwithstanding ss. 790.01 and 790.02, s. 790.01, s. 160 790.02, or s. 790.25(2)(a), an investigator employed by an 161 office of criminal conflict and civil regional counsel, while 162 actually carrying out official duties, is authorized to carry 163 concealed weapons if the investigator complies with s. 164 790.25(2)(o) s. 790.25(3)(o). However, such investigators are 165 not eligible for membership in the Special Risk Class of the 166 Florida Retirement System. The five regional counsels shall 167 jointly develop a coordinated classification and pay plan for 168 submission to the Justice Administrative Commission, the 169 President of the Senate, and the Speaker of the House of 170 Representatives by January 1 of each year. The plan must be 171 developed in accordance with policies and procedures of the 172 Executive Office of the Governor established in s. 216.181. Each 173 assistant regional counsel appointed by the regional counsel 174 under this section shall serve at the pleasure of the regional 175 counsel. Each investigator employed by the regional counsel 176 shall have full authority to serve any witness subpoena or court 177 order issued by any court or judge in a criminal case in which 178 the regional counsel has been appointed to represent the 179 accused. 180 Section 2.Paragraph (k) of subsection (1) of section 181 30.15, Florida Statutes, is amended to read: 182 30.15Powers, duties, and obligations. 183 (1)Sheriffs, in their respective counties, in person or by 184 deputy, shall: 185 (k)Assist district school boards and charter school 186 governing boards in complying with, or private schools in 187 exercising options in, s. 1006.12. A sheriff must, at a minimum, 188 provide access to a Coach Aaron Feis Guardian Program to aid in 189 the prevention or abatement of active assailant incidents on 190 school premises, as required under this paragraph. Persons 191 certified as school guardians pursuant to this paragraph have no 192 authority to act in any law enforcement capacity except to the 193 extent necessary to prevent or abate an active assailant 194 incident. 195 1.a.If a local school board has voted by a majority to 196 implement a guardian program, the sheriff in that county shall 197 establish a guardian program to provide training, pursuant to 198 subparagraph 2., to school district, or charter school, or 199 private school employees, either directly or through a contract 200 with another sheriffs office that has established a guardian 201 program. 202 b.A charter school governing board in a school district 203 that has not voted, or has declined, to implement a guardian 204 program may request the sheriff in the county to establish a 205 guardian program for the purpose of training the charter school 206 employees. If the county sheriff denies the request, the charter 207 school governing board may contract with a sheriff that has 208 established a guardian program to provide such training. The 209 charter school governing board must notify the superintendent 210 and the sheriff in the charter schools county of the contract 211 prior to its execution. 212 c.A private school in a school district that has not 213 voted, or has declined, to implement a guardian program may 214 request the sheriff in the county to establish a guardian 215 program for the purpose of training the private school 216 employees. If the county sheriff denies the request, the private 217 school may contract with a sheriff from another county who has 218 established a guardian program to provide such training. The 219 private school must notify the sheriff in the private schools 220 county of the contract with a sheriff from another county before 221 its execution. The private school is responsible for all 222 training costs for a school guardian program. The sheriff 223 providing such training must ensure that any monies paid by a 224 private school are not commingled with any funds provided by the 225 state to the sheriff as reimbursement for screening-related and 226 training-related costs of any school district or charter school 227 employee. 228 d.The training program required in sub-subparagraph 2.b. 229 is a standardized statewide curriculum, and each sheriff 230 providing such training shall adhere to the course of 231 instruction specified in that sub-subparagraph. This 232 subparagraph does not prohibit a sheriff from providing 233 additional training. A school guardian who has completed the 234 training program required in sub-subparagraph 2.b. may not be 235 required to attend another sheriffs training program pursuant 236 to that sub-subparagraph unless there has been at least a 1-year 237 break in his or her employment as a guardian. 238 e.The sheriff conducting the training pursuant to 239 subparagraph 2. will be reimbursed for screening-related and 240 training-related costs and for providing a one-time stipend of 241 $500 to each school guardian who participates in the school 242 guardian program. 243 2.A sheriff who establishes a program shall consult with 244 the Department of Law Enforcement on programmatic guiding 245 principles, practices, and resources, and shall certify as 246 school guardians, without the power of arrest, school employees, 247 as specified in s. 1006.12(3), who: 248 a.Hold a valid license issued under s. 790.06. 249 b.Complete a 144-hour training program, consisting of 12 250 hours of certified nationally recognized diversity training and 251 132 total hours of comprehensive firearm safety and proficiency 252 training conducted by Criminal Justice Standards and Training 253 Commission-certified instructors, which must include: 254 (I)Eighty hours of firearms instruction based on the 255 Criminal Justice Standards and Training Commissions Law 256 Enforcement Academy training model, which must include at least 257 10 percent but no more than 20 percent more rounds fired than 258 associated with academy training. Program participants must 259 achieve an 85 percent pass rate on the firearms training. 260 (II)Sixteen hours of instruction in precision pistol. 261 (III)Eight hours of discretionary shooting instruction 262 using state-of-the-art simulator exercises. 263 (IV)Sixteen Eight hours of instruction in active shooter 264 or assailant scenarios. 265 (V)Eight hours of instruction in defensive tactics. 266 (VI)Four Twelve hours of instruction in legal issues. 267 c.Pass a psychological evaluation administered by a 268 psychologist licensed under chapter 490 and designated by the 269 Department of Law Enforcement and submit the results of the 270 evaluation to the sheriffs office. The Department of Law 271 Enforcement is authorized to provide the sheriffs office with 272 mental health and substance abuse data for compliance with this 273 paragraph. 274 d.Submit to and pass an initial drug test and subsequent 275 random drug tests in accordance with the requirements of s. 276 112.0455 and the sheriffs office. 277 e.Successfully complete ongoing training, weapon 278 inspection, and firearm qualification on at least an annual 279 basis. 280 281 The sheriff who conducts the guardian training shall issue a 282 school guardian certificate to individuals who meet the 283 requirements of this section to the satisfaction of the sheriff, 284 and shall maintain documentation of weapon and equipment 285 inspections, as well as the training, certification, inspection, 286 and qualification records of each school guardian certified by 287 the sheriff. An individual who is certified under this paragraph 288 may serve as a school guardian under s. 1006.12(3) only if he or 289 she is appointed by the applicable school district 290 superintendent, or charter school principal, or private school 291 head of school. 292 Section 3.Paragraph (b) of subsection (9) of section 293 768.28, Florida Statutes, is amended to read: 294 768.28Waiver of sovereign immunity in tort actions; 295 recovery limits; civil liability for damages caused during a 296 riot; limitation on attorney fees; statute of limitations; 297 exclusions; indemnification; risk management programs. 298 (9) 299 (b)As used in this subsection, the term: 300 1.Employee includes any volunteer firefighter. 301 2.Officer, employee, or agent includes, but is not 302 limited to, any health care provider when providing services 303 pursuant to s. 766.1115; any nonprofit independent college or 304 university located and chartered in this state which owns or 305 operates an accredited medical school, and its employees or 306 agents, when providing patient services pursuant to paragraph 307 (10)(f); any public defender or her or his employee or agent, 308 including an assistant public defender or an investigator; and 309 any member of a Child Protection Team, as defined in s. 39.01, 310 or any member of a threat management team, as described in s. 311 1006.07(7) s. 39.01(13), when carrying out her or his duties as 312 a team member under the control, direction, and supervision of 313 the state or any of its agencies or subdivisions. 314 Section 4.Section 790.001, Florida Statutes, is amended to 315 read: 316 790.001Definitions.As used in this chapter, except where 317 the context otherwise requires: 318 (2)(1)Antique firearm means any firearm manufactured in 319 or before 1918 (including any matchlock, flintlock, percussion 320 cap, or similar early type of ignition system) or replica 321 thereof, whether actually manufactured before or after the year 322 1918, and also any firearm using fixed ammunition manufactured 323 in or before 1918, for which ammunition is no longer 324 manufactured in the United States and is not readily available 325 in the ordinary channels of commercial trade. 326 (3)(2)Concealed firearm means any firearm, as defined in 327 subsection (9) (6), which is carried on or about a person in 328 such a manner as to conceal the firearm from the ordinary sight 329 of another person. 330 (4)(3)(a)Concealed weapon means any dirk, metallic 331 knuckles, billie, tear gas gun, chemical weapon or device, or 332 other deadly weapon carried on or about a person in such a 333 manner as to conceal the weapon from the ordinary sight of 334 another person. 335 (b)Tear gas gun or chemical weapon or device means any 336 weapon of such nature, except a device known as a self-defense 337 chemical spray. Self-defense chemical spray means a device 338 carried solely for purposes of lawful self-defense that is 339 compact in size, designed to be carried on or about the person, 340 and contains not more than two ounces of chemical. 341 (6)(4)Destructive device means any bomb, grenade, mine, 342 rocket, missile, pipebomb, or similar device containing an 343 explosive, incendiary, or poison gas and includes any frangible 344 container filled with an explosive, incendiary, explosive gas, 345 or expanding gas, which is designed or so constructed as to 346 explode by such filler and is capable of causing bodily harm or 347 property damage; any combination of parts either designed or 348 intended for use in converting any device into a destructive 349 device and from which a destructive device may be readily 350 assembled; any device declared a destructive device by the 351 Bureau of Alcohol, Tobacco, and Firearms; any type of weapon 352 which will, is designed to, or may readily be converted to expel 353 a projectile by the action of any explosive and which has a 354 barrel with a bore of one-half inch or more in diameter; and 355 ammunition for such destructive devices, but not including 356 shotgun shells or any other ammunition designed for use in a 357 firearm other than a destructive device. Destructive device 358 does not include: 359 (a)A device which is not designed, redesigned, used, or 360 intended for use as a weapon; 361 (b)Any device, although originally designed as a weapon, 362 which is redesigned so that it may be used solely as a 363 signaling, line-throwing, safety, or similar device; 364 (c)Any shotgun other than a short-barreled shotgun; or 365 (d)Any nonautomatic rifle (other than a short-barreled 366 rifle) generally recognized or particularly suitable for use for 367 the hunting of big game. 368 (8)(5)Explosive means any chemical compound or mixture 369 that has the property of yielding readily to combustion or 370 oxidation upon application of heat, flame, or shock, including 371 but not limited to dynamite, nitroglycerin, trinitrotoluene, or 372 ammonium nitrate when combined with other ingredients to form an 373 explosive mixture, blasting caps, and detonators; but not 374 including: 375 (a)Shotgun shells, cartridges, or ammunition for firearms; 376 (b)Fireworks as defined in s. 791.01; 377 (c)Smokeless propellant powder or small arms ammunition 378 primers, if possessed, purchased, sold, transported, or used in 379 compliance with s. 552.241; 380 (d)Black powder in quantities not to exceed that 381 authorized by chapter 552, or by any rules adopted thereunder by 382 the Department of Financial Services, when used for, or intended 383 to be used for, the manufacture of target and sporting 384 ammunition or for use in muzzle-loading flint or percussion 385 weapons. 386 387 The exclusions contained in paragraphs (a)-(d) do not apply to 388 the term explosive as used in the definition of firearm in 389 subsection (9) (6). 390 (9)(6)Firearm means any weapon (including a starter gun) 391 which will, is designed to, or may readily be converted to expel 392 a projectile by the action of an explosive; the frame or 393 receiver of any such weapon; any firearm muffler or firearm 394 silencer; any destructive device; or any machine gun. The term 395 firearm does not include an antique firearm unless the antique 396 firearm is used in the commission of a crime. 397 (11)(7)Indictment means an indictment or an information 398 in any court under which a crime punishable by imprisonment for 399 a term exceeding 1 year may be prosecuted. 400 (12)(8)Law enforcement officer means: 401 (a)All officers or employees of the United States or the 402 State of Florida, or any agency, commission, department, board, 403 division, municipality, or subdivision thereof, who have 404 authority to make arrests; 405 (b)Officers or employees of the United States or the State 406 of Florida, or any agency, commission, department, board, 407 division, municipality, or subdivision thereof, duly authorized 408 to carry a concealed weapon; 409 (c)Members of the Armed Forces of the United States, the 410 organized reserves, state militia, or Florida National Guard, 411 when on duty, when preparing themselves for, or going to or 412 from, military duty, or under orders; 413 (d)An employee of the state prisons or correctional 414 systems who has been so designated by the Department of 415 Corrections or by a warden of an institution; 416 (e)All peace officers; 417 (f)All state attorneys and United States attorneys and 418 their respective assistants and investigators. 419 (13)(9)Machine gun means any firearm, as defined herein, 420 which shoots, or is designed to shoot, automatically more than 421 one shot, without manually reloading, by a single function of 422 the trigger. 423 (10)Handgun means a firearm capable of being carried and 424 used by one hand, such as a pistol or revolver. 425 (17)(10)Short-barreled shotgun means a shotgun having 426 one or more barrels less than 18 inches in length and any weapon 427 made from a shotgun (whether by alteration, modification, or 428 otherwise) if such weapon as modified has an overall length of 429 less than 26 inches. 430 (16)(11)Short-barreled rifle means a rifle having one or 431 more barrels less than 16 inches in length and any weapon made 432 from a rifle (whether by alteration, modification, or otherwise) 433 if such weapon as modified has an overall length of less than 26 434 inches. 435 (18)(12)Slungshot means a small mass of metal, stone, 436 sand, or similar material fixed on a flexible handle, strap, or 437 the like, used as a weapon. 438 (20)(13)Weapon means any dirk, knife, metallic knuckles, 439 slungshot, billie, tear gas gun, chemical weapon or device, or 440 other deadly weapon except a firearm or a common pocketknife, 441 plastic knife, or blunt-bladed table knife. 442 (7)(14)Electric weapon or device means any device which, 443 through the application or use of electrical current, is 444 designed, redesigned, used, or intended to be used for offensive 445 or defensive purposes, the destruction of life, or the 446 infliction of injury. 447 (5)(15)Dart-firing stun gun means any device having one 448 or more darts that are capable of delivering an electrical 449 current. 450 (14)(16)Readily accessible for immediate use means that 451 a firearm or other weapon is carried on the person or within 452 such close proximity and in such a manner that it can be 453 retrieved and used as easily and quickly as if carried on the 454 person. 455 (15)(17)Securely encased means in a glove compartment, 456 whether or not locked; snapped in a holster; in a gun case, 457 whether or not locked; in a zippered gun case; or in a closed 458 box or container which requires a lid or cover to be opened for 459 access. 460 (19)(18)Sterile area means the area of an airport to 461 which access is controlled by the inspection of persons and 462 property in accordance with federally approved airport security 463 programs. 464 (1)(19)Ammunition means an object consisting of all of 465 the following: 466 (a)A fixed metallic or nonmetallic hull or casing 467 containing a primer. 468 (b)One or more projectiles, one or more bullets, or shot. 469 (c)Gunpowder. 470 471 All of the specified components must be present for an object to 472 be ammunition. 473 Section 5.Section 790.01, Florida Statutes, is amended to 474 read: 475 790.01Unlicensed Carrying of concealed weapons or 476 concealed firearms. 477 (1)A person is authorized to carry a concealed weapon or 478 concealed firearm, as that term is defined in s. 790.06(1), if 479 he or she: 480 (a)Is licensed under s. 790.06; or 481 (b)Is not licensed under s. 790.06, but otherwise 482 satisfies the criteria for receiving and maintaining such a 483 license under s. 790.06(2)(a)(f) and (i)(n), (3), and (10). 484 (2)(1)Except as provided in subsection (4) (3), a person 485 who does not meet the criteria in subsection (1) is not licensed 486 under s. 790.06 and who carries a concealed weapon or electric 487 weapon or device, as those terms are defined in s. 790.001, on 488 or about his or her person commits a misdemeanor of the first 489 degree, punishable as provided in s. 775.082 or s. 775.083. 490 (3)(2)Except as provided in subsection (4) (3), a person 491 who does not meet the criteria in subsection (1) is not licensed 492 under s. 790.06 and who carries a concealed firearm, as that 493 term is defined in s. 790.001, on or about his or her person 494 commits a felony of the third degree, punishable as provided in 495 s. 775.082, s. 775.083, or s. 775.084. 496 (4)(3)A person does not violate this section if he or she 497 This section does not apply to: 498 (a)Is lawfully in possession of A person who carries a 499 concealed weapon or a concealed firearm, as those terms are 500 defined in s. 790.001, or a person who may lawfully possess a 501 firearm and who carries such a concealed weapon or concealed 502 firearm, on or about his or her person while in the act of 503 evacuating during a mandatory evacuation order issued during a 504 state of emergency declared by the Governor pursuant to chapter 505 252 or declared by a local authority pursuant to chapter 870. As 506 used in this subsection, the term in the act of evacuating 507 means the immediate and urgent movement of a person away from 508 the evacuation zone within 48 hours after a mandatory evacuation 509 is ordered. The 48 hours may be extended by an order issued by 510 the Governor. 511 (b)A person who Carries for purposes of lawful self 512 defense, in a concealed manner: 513 1.A self-defense chemical spray. 514 2.A nonlethal stun gun or dart-firing stun gun or other 515 nonlethal electric weapon or device that is designed solely for 516 defensive purposes. 517 (5)(4)This section does not preclude any prosecution for 518 the use of an electric weapon or device, a dart-firing stun gun, 519 or a self-defense chemical spray during the commission of any 520 criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 521 790.235, or for any other criminal offense. 522 Section 6.Section 790.013, Florida Statutes, is created to 523 read: 524 790.013Carrying of concealed weapons or concealed firearms 525 without a license.A person who carries a concealed weapon or 526 concealed firearm without a license as authorized under s. 527 790.01(1)(b): 528 (1)(a)Must carry valid identification at all times when he 529 or she is in actual possession of a concealed weapon or 530 concealed firearm and must display such identification upon 531 demand by a law enforcement officer. 532 (b)A violation of this subsection is a noncriminal 533 violation punishable by a $25 fine. 534 (2)Is subject to s. 790.06(12) in the same manner as a 535 person who is licensed to carry a concealed weapon or concealed 536 firearm. 537 Section 7.Section 790.015, Florida Statutes, is amended to 538 read: 539 790.015Nonresidents who are United States citizens and 540 hold a concealed weapons license in another state; reciprocity. 541 (1)Notwithstanding s. 790.01, A nonresident of Florida may 542 carry a concealed weapon or concealed firearm, as that term is 543 defined in s. 790.06(1), while in this state if the nonresident 544 is a resident of the United States who is 21 years of age or 545 older and he or she: 546 (a)Satisfies the criteria for receiving and maintaining a 547 license to carry a concealed weapon or concealed firearm under 548 s. 790.06(2)(a)(f) and (i)(n), (3), and (10); or 549 (a)Is 21 years of age or older. 550 (b)Has in his or her immediate possession a valid license 551 to carry a concealed weapon or concealed firearm issued to the 552 nonresident in his or her state of residence. 553 (c)Is a resident of the United States. 554 (2)A nonresident is subject to the same laws and 555 restrictions with respect to carrying a concealed weapon or 556 concealed firearm as a resident of Florida who is so licensed. 557 (3)If the resident of another state who is the holder of a 558 valid license to carry a concealed weapon or concealed firearm 559 issued in another state establishes legal residence in this 560 state by: 561 (a)Registering to vote; 562 (b)Making a statement of domicile pursuant to s. 222.17; 563 or 564 (c)Filing for homestead tax exemption on property in this 565 state, 566 567 the license shall be recognized as valid remain in effect for 90 568 days following the date on which the holder of the license 569 establishes legal state residence. 570 (4) This section applies only to nonresident concealed 571 weapon or concealed firearm licenseholders from states that 572 honor Florida concealed weapon or concealed firearm licenses. 573 (4)(5)The requirement in subsection (1) that a nonresident 574 be 21 years of age or older to carry a concealed weapon or 575 concealed firearm of paragraph (1)(a) does not apply to a person 576 who: 577 (a)Is a servicemember, as defined in s. 250.01; or 578 (b)Is a veteran of the United States Armed Forces who was 579 discharged under honorable conditions. 580 Section 8.Paragraph (d) of subsection (1) of section 581 790.052, Florida Statutes, is amended to read: 582 790.052Carrying concealed firearms; off-duty law 583 enforcement officers. 584 (1) 585 (d)This section does not limit the right of a law 586 enforcement officer, correctional officer, or correctional 587 probation officer to carry a concealed firearm off duty as a 588 private citizen under the exemption provided in s. 790.06 that 589 allows a law enforcement officer, correctional officer, or 590 correctional probation officer as defined in s. 943.10(1), (2), 591 (3), (6), (7), (8), or (9) to carry a concealed firearm without 592 a concealed weapon or concealed firearm license or as otherwise 593 provided by law. The appointing or employing agency or 594 department of an officer carrying a concealed firearm as a 595 private citizen is under s. 790.06 shall not be liable for the 596 use of the firearm in such capacity. This section does not limit 597 Nothing herein limits the authority of the appointing or 598 employing agency or department from establishing policies 599 limiting law enforcement officers or correctional officers from 600 carrying concealed firearms during off-duty hours in their 601 capacity as appointees or employees of the agency or department. 602 Section 9.Subsection (1) of section 790.053, Florida 603 Statutes, is amended to read: 604 790.053Open carrying of weapons. 605 (1)Except as otherwise provided by law and in subsection 606 (2), it is unlawful for any person to openly carry on or about 607 his or her person any firearm or electric weapon or device. It 608 is not a violation of this section for a person who carries 609 licensed to carry a concealed firearm as authorized provided in 610 s. 790.01(1) s. 790.06(1), and who is lawfully carrying a 611 firearm in a concealed manner, to briefly and openly display the 612 firearm to the ordinary sight of another person, unless the 613 firearm is intentionally displayed in an angry or threatening 614 manner, not in necessary self-defense. 615 Section 10.Subsection (1), paragraphs (g) and (h) of 616 subsection (2), paragraph (e) of subsection (4), paragraph (b) 617 of subsection (5), paragraph (f) of subsection (6), and 618 subsections (9), (10), (12), (13), and (16) of section 790.06, 619 Florida Statutes, are amended to read: 620 790.06License to carry concealed weapon or firearm. 621 (1)(a)For the purposes of this section, the term 622 concealed weapon or concealed firearm means a handgun, 623 electronic weapon or device, tear gas gun, knife, or billie, but 624 does not include a machine gun as that term is defined in s. 625 790.001. 626 (b)The Department of Agriculture and Consumer Services is 627 authorized to issue licenses to carry concealed weapons or 628 concealed firearms to persons qualified as provided in this 629 section. Each such license must bear a color photograph of the 630 licensee. For the purposes of this section, concealed weapons or 631 concealed firearms are defined as a handgun, electronic weapon 632 or device, tear gas gun, knife, or billie, but the term does not 633 include a machine gun as defined in s. 790.001(9). 634 (c)Such Licenses are shall be valid throughout the state 635 for a period of 7 years after from the date of issuance. A 636 licensee must carry Any person in compliance with the terms of 637 such license may carry a concealed weapon or concealed firearm 638 notwithstanding the provisions of s. 790.01. The licensee must 639 carry the license, together with valid identification, at all 640 times in which the licensee is in actual possession of a 641 concealed weapon or concealed firearm and must display such both 642 the license and proper identification upon demand by a law 643 enforcement officer. Violations of the provisions of this 644 subsection shall constitute a noncriminal violation with a 645 penalty of $25, payable to the clerk of the court. 646 (2)The Department of Agriculture and Consumer Services 647 shall issue a license if the applicant: 648 (g)Desires a legal means to carry a concealed weapon or 649 concealed firearm for lawful self-defense; 650 (h)Demonstrates competence with a firearm by any one of 651 the following: 652 1.Completion of any hunter education or hunter safety 653 course approved by the Fish and Wildlife Conservation Commission 654 or a similar agency of another state; 655 2.Completion of any National Rifle Association firearms 656 safety or training course; 657 3.Completion of any firearms safety or training course or 658 class available to the general public offered by a law 659 enforcement agency, junior college, college, or private or 660 public institution or organization or firearms training school, 661 using instructors certified by the National Rifle Association, 662 Criminal Justice Standards and Training Commission, or the 663 Department of Agriculture and Consumer Services; 664 4.Completion of any law enforcement firearms safety or 665 training course or class offered for security guards, 666 investigators, special deputies, or any division or subdivision 667 of a law enforcement agency or security enforcement; 668 5.Presents evidence of equivalent experience with a 669 firearm through participation in organized shooting competition 670 or military service; 671 6.Is licensed or has been licensed to carry a concealed 672 weapon or concealed firearm in this state or a county or 673 municipality of this state, unless such license has been revoked 674 for cause; or 675 7.Completion of any firearms training or safety course or 676 class conducted by a state-certified or National Rifle 677 Association certified firearms instructor; 678 679 A photocopy of a certificate of completion of any of the courses 680 or classes; an affidavit from the instructor, school, club, 681 organization, or group that conducted or taught such course or 682 class attesting to the completion of the course or class by the 683 applicant; or a copy of any document that shows completion of 684 the course or class or evidences participation in firearms 685 competition shall constitute evidence of qualification under 686 this paragraph. A person who conducts a course pursuant to 687 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 688 an instructor, attests to the completion of such courses, must 689 maintain records certifying that he or she observed the student 690 safely handle and discharge the firearm in his or her physical 691 presence and that the discharge of the firearm included live 692 fire using a firearm and ammunition as defined in s. 790.001; 693 (4)The application shall be completed, under oath, on a 694 form adopted by the Department of Agriculture and Consumer 695 Services and shall include: 696 (e)A statement that the applicant desires a concealed 697 weapon or concealed firearms license as a means of lawful self 698 defense; and 699 (5)The applicant shall submit to the Department of 700 Agriculture and Consumer Services or an approved tax collector 701 pursuant to s. 790.0625: 702 (b)A nonrefundable license fee of up to $55 if he or she 703 has not previously been issued a statewide license or of up to 704 $45 for renewal of a statewide license. The cost of processing 705 fingerprints as required in paragraph (c) shall be borne by the 706 applicant. However, an individual holding an active 707 certification from the Criminal Justice Standards and Training 708 Commission as a law enforcement officer, correctional officer, 709 or correctional probation officer as defined in s. 943.10(1), 710 (2), (3), (6), (7), (8), or (9) is exempt from the licensing 711 requirements of this section. If such individual wishes to 712 receive a concealed weapon or concealed firearm license, he or 713 she is exempt from the background investigation and all 714 background investigation fees but must pay the current license 715 fees regularly required to be paid by nonexempt applicants. 716 Further, a law enforcement officer, a correctional officer, or a 717 correctional probation officer as defined in s. 943.10(1), (2), 718 or (3) is exempt from the required fees and background 719 investigation for 1 year after his or her retirement. 720 (6) 721 (f)The Department of Agriculture and Consumer Services 722 shall, upon receipt of a completed application and the 723 identifying information required under paragraph (5)(f), 724 expedite the processing of a servicemembers or a veterans 725 concealed weapon or concealed firearm license application. 726 (9)In the event that a concealed weapon or concealed 727 firearm license is lost or destroyed, the license shall be 728 automatically invalid, and the person to whom the same was 729 issued may, upon payment of $15 to the Department of Agriculture 730 and Consumer Services, obtain a duplicate, or substitute 731 thereof, upon furnishing a notarized statement to the Department 732 of Agriculture and Consumer Services that such license has been 733 lost or destroyed. 734 (10)A license issued under this section shall be suspended 735 or revoked pursuant to chapter 120 if the licensee: 736 (a)Is found to be ineligible under the criteria set forth 737 in subsection (2); 738 (b)Develops or sustains a physical infirmity which 739 prevents the safe handling of a weapon or firearm; 740 (c)Is convicted of a felony which would make the licensee 741 ineligible to possess a firearm pursuant to s. 790.23; 742 (d)Is found guilty of a crime under the provisions of 743 chapter 893, or similar laws of any other state, relating to 744 controlled substances; 745 (e)Is committed as a substance abuser under chapter 397, 746 or is deemed a habitual offender under s. 856.011(3), or similar 747 laws of any other state; 748 (f)Is convicted of a second violation of s. 316.193, or a 749 similar law of another state, within 3 years after a first 750 conviction of such section or similar law of another state, even 751 though the first violation may have occurred before the date on 752 which the application was submitted; 753 (g)Is adjudicated an incapacitated person under s. 754 744.331, or similar laws of any other state; or 755 (h)Is committed to a mental institution under chapter 394, 756 or similar laws of any other state. 757 758 Notwithstanding s. 120.60(5), service of a notice of the 759 suspension or revocation of a concealed weapon or concealed 760 firearm license must be given by either certified mail, return 761 receipt requested, to the licensee at his or her last known 762 mailing address furnished to the Department of Agriculture and 763 Consumer Services, or by personal service. If a notice given by 764 certified mail is returned as undeliverable, a second attempt 765 must be made to provide notice to the licensee at that address, 766 by either first-class mail in an envelope, postage prepaid, 767 addressed to the licensee at his or her last known mailing 768 address furnished to the department, or, if the licensee has 769 provided an e-mail address to the department, by e-mail. Such 770 mailing by the department constitutes notice, and any failure by 771 the licensee to receive such notice does not stay the effective 772 date or term of the suspension or revocation. A request for 773 hearing must be filed with the department within 21 days after 774 notice is received by personal delivery, or within 26 days after 775 the date the department deposits the notice in the United States 776 mail (21 days plus 5 days for mailing). The department shall 777 document its attempts to provide notice, and such documentation 778 is admissible in the courts of this state and constitutes 779 sufficient proof that notice was given. 780 (12)(a)A license issued under this section does not 781 authorize any person to openly carry a handgun or carry a 782 concealed weapon or concealed firearm into: 783 1.Any place of nuisance as defined in s. 823.05; 784 2.Any police, sheriff, or highway patrol station; 785 3.Any detention facility, prison, or jail; 786 4.Any courthouse; 787 5.Any courtroom, except that nothing in this section 788 precludes would preclude a judge from carrying a concealed 789 weapon or determining who will carry a concealed weapon in his 790 or her courtroom; 791 6.Any polling place; 792 7.Any meeting of the governing body of a county, public 793 school district, municipality, or special district; 794 8.Any meeting of the Legislature or a committee thereof; 795 9.Any school, college, or professional athletic event not 796 related to firearms; 797 10.Any elementary or secondary school facility or 798 administration building; 799 11.Any career center; 800 12.Any portion of an establishment licensed to dispense 801 alcoholic beverages for consumption on the premises, which 802 portion of the establishment is primarily devoted to such 803 purpose; 804 13.Any college or university facility unless the licensee 805 is a registered student, employee, or faculty member of such 806 college or university and the weapon is a stun gun or nonlethal 807 electric weapon or device designed solely for defensive purposes 808 and the weapon does not fire a dart or projectile; 809 14.The inside of the passenger terminal and sterile area 810 of any airport, provided that no person shall be prohibited from 811 carrying any legal firearm into the terminal, which firearm is 812 encased for shipment for purposes of checking such firearm as 813 baggage to be lawfully transported on any aircraft; or 814 15.Any place where the carrying of firearms is prohibited 815 by federal law. 816 (b)A person licensed under this section is shall not be 817 prohibited from carrying or storing a firearm in a vehicle for 818 lawful purposes. 819 (c)This section does not modify the terms or conditions of 820 s. 790.251(7). 821 (d)Any person who knowingly and willfully violates any 822 provision of this subsection commits a misdemeanor of the second 823 degree, punishable as provided in s. 775.082 or s. 775.083. 824 (13)Notwithstanding any other law, for the purposes of 825 safety, security, personal protection, or any other lawful 826 purpose, a person licensed under this section may carry a 827 concealed weapon or concealed firearm on property owned, rented, 828 leased, borrowed, or lawfully used by a church, synagogue, or 829 other religious institution. This subsection does not limit the 830 private property rights of a church, synagogue, or other 831 religious institution to exercise control over property that the 832 church, synagogue, or other religious institution owns, rents, 833 leases, borrows, or lawfully uses. 834 (16)The Legislature finds as a matter of public policy and 835 fact that it is necessary to provide statewide uniform standards 836 for issuing licenses to carry concealed weapons and concealed 837 firearms for self-defense and finds it necessary to occupy the 838 field of regulation of the bearing of concealed weapons or 839 concealed firearms for self-defense to ensure that no honest, 840 law-abiding person who qualifies under the provisions of this 841 section is subjectively or arbitrarily denied his or her rights. 842 The Department of Agriculture and Consumer Services shall 843 implement and administer the provisions of this section. The 844 Legislature does not delegate to the Department of Agriculture 845 and Consumer Services the authority to regulate or restrict the 846 issuing of licenses provided for in this section, beyond those 847 provisions contained in this section. Subjective or arbitrary 848 actions or rules which encumber the issuing process by placing 849 burdens on the applicant beyond those sworn statements and 850 specified documents detailed in this section or which create 851 restrictions beyond those specified in this section are in 852 conflict with the intent of this section and are prohibited. 853 This section shall be liberally construed to carry out the 854 constitutional right to bear arms for self-defense. This section 855 is supplemental and additional to existing rights to bear arms, 856 and nothing in this section shall impair or diminish such 857 rights. 858 Section 11.Paragraph (a) of subsection (2) of section 859 790.0655, Florida Statutes, is amended to read: 860 790.0655Purchase and delivery of firearms; mandatory 861 waiting period; exceptions; penalties. 862 (2)The waiting period does not apply in the following 863 circumstances: 864 (a)When a firearm is being purchased by a holder of a 865 concealed weapons or concealed firearms license issued under 866 permit as defined in s. 790.06. 867 Section 12.Subsection (1) and paragraphs (a), (b), (c), 868 and (e) of subsection (2) of section 790.115, Florida Statutes, 869 are amended to read: 870 790.115Possessing or discharging weapons or firearms at a 871 school-sponsored event or on school property prohibited; 872 penalties; exceptions. 873 (1)A person who exhibits any sword, sword cane, firearm, 874 electric weapon or device, destructive device, or other weapon 875 as defined in s. 790.001 s. 790.001(13), including a razor 876 blade, box cutter, or common pocketknife, except as authorized 877 in support of school-sanctioned activities, in the presence of 878 one or more persons in a rude, careless, angry, or threatening 879 manner and not in lawful self-defense, at a school-sponsored 880 event or on the grounds or facilities of any school, school bus, 881 or school bus stop, or within 1,000 feet of the real property 882 that comprises a public or private elementary school, middle 883 school, or secondary school, during school hours or during the 884 time of a sanctioned school activity, commits a felony of the 885 third degree, punishable as provided in s. 775.082, s. 775.083, 886 or s. 775.084. This subsection does not apply to the exhibition 887 of a firearm or weapon on private real property within 1,000 888 feet of a school by the owner of such property or by a person 889 whose presence on such property has been authorized, licensed, 890 or invited by the owner. 891 (2)(a)A person shall not possess any firearm, electric 892 weapon or device, destructive device, or other weapon as defined 893 in s. 790.001 s. 790.001(13), including a razor blade or box 894 cutter, except as authorized in support of school-sanctioned 895 activities, at a school-sponsored event or on the property of 896 any school, school bus, or school bus stop; however, a person 897 may carry a firearm: 898 1.In a case to a firearms program, class or function which 899 has been approved in advance by the principal or chief 900 administrative officer of the school as a program or class to 901 which firearms could be carried; 902 2.In a case to a career center having a firearms training 903 range; or 904 3.In a vehicle pursuant to s. 790.25(4) s. 790.25(5); 905 except that school districts may adopt written and published 906 policies that waive the exception in this subparagraph for 907 purposes of student and campus parking privileges. 908 909 For the purposes of this section, school means any preschool, 910 elementary school, middle school, junior high school, secondary 911 school, career center, or postsecondary school, whether public 912 or nonpublic. 913 (b)Except as provided in paragraph (e), a person who 914 willfully and knowingly possesses any electric weapon or device, 915 destructive device, or other weapon as defined in s. 790.001 s. 916 790.001(13), including a razor blade or box cutter, except as 917 authorized in support of school-sanctioned activities, in 918 violation of this subsection commits a felony of the third 919 degree, punishable as provided in s. 775.082, s. 775.083, or s. 920 775.084. 921 (c)1.Except as provided in paragraph (e), a person who 922 willfully and knowingly possesses any firearm in violation of 923 this subsection commits a felony of the third degree, punishable 924 as provided in s. 775.082, s. 775.083, or s. 775.084. 925 2.A person who stores or leaves a loaded firearm within 926 the reach or easy access of a minor who obtains the firearm and 927 commits a violation of subparagraph 1. commits a misdemeanor of 928 the second degree, punishable as provided in s. 775.082 or s. 929 775.083; except that this does not apply if the firearm was 930 stored or left in a securely locked box or container or in a 931 location which a reasonable person would have believed to be 932 secure, or was securely locked with a firearm-mounted push 933 button combination lock or a trigger lock; if the minor obtains 934 the firearm as a result of an unlawful entry by any person; or 935 to members of the Armed Forces, National Guard, or State 936 Militia, or to police or other law enforcement officers, with 937 respect to firearm possession by a minor which occurs during or 938 incidental to the performance of their official duties. 939 (e)A person who is authorized to carry a concealed weapon 940 or concealed firearm under s. 790.01(1) and who willfully and 941 knowingly violates paragraph (b) or subparagraph (c)1. commits a 942 misdemeanor of the second degree, punishable as provided in s. 943 775.082 or s. 775.083 The penalties of this subsection shall not 944 apply to persons licensed under s. 790.06. Persons licensed 945 under s. 790.06 shall be punished as provided in s. 790.06(12), 946 except that a licenseholder who unlawfully discharges a weapon 947 or firearm on school property as prohibited by this subsection 948 commits a felony of the second degree, punishable as provided in 949 s. 775.082, s. 775.083, or s. 775.084. 950 Section 13.Section 790.145, Florida Statutes, is repealed. 951 Section 14.Subsection (2), subsection (3), and subsection 952 (5) of section 790.25, Florida Statutes, are amended to read: 953 790.25Lawful ownership, possession, and use of firearms 954 and other weapons. 955 (2)USES NOT AUTHORIZED. 956 (a)This section does not authorize carrying a concealed 957 weapon without a permit, as prohibited by ss. 790.01 and 790.02. 958 (b)The protections of this section do not apply to the 959 following: 960 1.A person who has been adjudged mentally incompetent, who 961 is addicted to the use of narcotics or any similar drug, or who 962 is a habitual or chronic alcoholic, or a person using weapons or 963 firearms in violation of ss. 790.07-790.115, 790.145-790.19, 964 790.22-790.24; 965 2.Vagrants and other undesirable persons as defined in s. 966 856.02; 967 3.A person in or about a place of nuisance as defined in 968 s. 823.05, unless such person is there for law enforcement or 969 some other lawful purpose. 970 (2)(3)LAWFUL USES.Notwithstanding the provisions of ss. 971 790.01, 790.053, and 790.06, do not apply in the following 972 instances, and, despite such sections, it is lawful for the 973 following persons may to own, possess, and lawfully use firearms 974 and other weapons, ammunition, and supplies for lawful purposes 975 if they are not otherwise prohibited from owning or possessing a 976 firearm under state or federal law: 977 (a)Members of the Militia, National Guard, Florida State 978 Defense Force, Army, Navy, Air Force, Marine Corps, Space Force, 979 Coast Guard, organized reserves, and other armed forces of the 980 state and of the United States, when on duty, when training or 981 preparing themselves for military duty, or while subject to 982 recall or mobilization; 983 (b)Citizens of this state subject to duty in the Armed 984 Forces under s. 2, Art. X of the State Constitution, under 985 chapters 250 and 251, and under federal laws, when on duty or 986 when training or preparing themselves for military duty; 987 (c)Persons carrying out or training for emergency 988 management duties under chapter 252; 989 (d)Sheriffs, marshals, prison or jail wardens, police 990 officers, Florida highway patrol officers, game wardens, revenue 991 officers, forest officials, special officers appointed under the 992 provisions of chapter 354, and other peace and law enforcement 993 officers and their deputies and assistants and full-time paid 994 peace officers of other states and of the Federal Government who 995 are carrying out official duties while in this state; 996 (e)Officers or employees of the state or United States 997 duly authorized to carry a concealed weapon or a concealed 998 firearm; 999 (f)Guards or messengers of common carriers, express 1000 companies, armored car carriers, mail carriers, banks, and other 1001 financial institutions, while actually employed in and about the 1002 shipment, transportation, or delivery of any money, treasure, 1003 bullion, bonds, or other thing of value within this state; 1004 (g)Regularly enrolled members of any organization duly 1005 authorized to purchase or receive weapons from the United States 1006 or from this state, or regularly enrolled members of clubs 1007 organized for target, skeet, or trap shooting, while at or going 1008 to or from shooting practice; or regularly enrolled members of 1009 clubs organized for modern or antique firearms collecting, while 1010 such members are at or going to or from their collectors gun 1011 shows, conventions, or exhibits; 1012 (h)A person engaged in fishing, camping, or lawful hunting 1013 or going to or returning from a fishing, camping, or lawful 1014 hunting expedition; 1015 (i)A person engaged in the business of manufacturing, 1016 repairing, or dealing in firearms, or the agent or 1017 representative of any such person while engaged in the lawful 1018 course of such business; 1019 (j)A person discharging a weapon or firearm firing weapons 1020 for testing or target practice under safe conditions and in a 1021 safe place not prohibited by law or going to or from such place; 1022 (k)A person discharging a weapon or firearm firing weapons 1023 in a safe and secure indoor range for testing and target 1024 practice; 1025 (l)A person traveling by private conveyance when the 1026 weapon is securely encased or in a public conveyance when the 1027 weapon or firearm is securely encased and not in the persons 1028 manual possession; 1029 (m)A person while carrying a handgun pistol unloaded and 1030 in a secure wrapper, concealed or otherwise, from the place of 1031 purchase to his or her home or place of business or to a place 1032 of repair or back to his or her home or place of business; 1033 (n)A person possessing weapons or firearms arms at his or 1034 her home or place of business; 1035 (o)Investigators employed by the several public defenders 1036 of the state, while actually carrying out official duties, 1037 provided such investigators: 1038 1.Are employed full time; 1039 2.Meet the official training standards for firearms 1040 established by the Criminal Justice Standards and Training 1041 Commission as provided in s. 943.12(5) and the requirements of 1042 ss. 493.6108(1)(a) and 943.13(1)-(4); and 1043 3.Are individually designated by an affidavit of consent 1044 signed by the employing public defender and filed with the clerk 1045 of the circuit court in the county in which the employing public 1046 defender resides. 1047 (p)Investigators employed by the capital collateral 1048 regional counsel, while actually carrying out official duties, 1049 provided such investigators: 1050 1.Are employed full time; 1051 2.Meet the official training standards for firearms as 1052 established by the Criminal Justice Standards and Training 1053 Commission as provided in s. 943.12(1) and the requirements of 1054 ss. 493.6108(1)(a) and 943.13(1)-(4); and 1055 3.Are individually designated by an affidavit of consent 1056 signed by the capital collateral regional counsel and filed with 1057 the clerk of the circuit court in the county in which the 1058 investigator is headquartered. 1059 (q)1.A tactical medical professional who is actively 1060 operating in direct support of a tactical operation by a law 1061 enforcement agency provided that: 1062 a.The tactical medical professional is lawfully able to 1063 possess firearms and has an active concealed weapon or concealed 1064 firearm license weapons permit issued pursuant to s. 790.06. 1065 b.The tactical medical professional is appointed to a law 1066 enforcement tactical team of a law enforcement agency by the 1067 head of the law enforcement agency. 1068 c.The law enforcement agency has an established policy 1069 providing for the appointment, training, and deployment of the 1070 tactical medical professional. 1071 d.The tactical medical professional successfully completes 1072 a firearms safety training and tactical training as established 1073 or designated by the appointing law enforcement agency. 1074 e.The law enforcement agency provides and the tactical 1075 medical professional participates in annual firearm training and 1076 tactical training. 1077 2.While actively operating in direct support of a tactical 1078 operation by a law enforcement agency, a tactical medical 1079 professional: 1080 a.May carry a firearm in the same manner as a law 1081 enforcement officer, as defined in s. 943.10 and, 1082 notwithstanding any other law, at any place a tactical law 1083 enforcement operation occurs. 1084 b.Has no duty to retreat and is justified in the use of 1085 any force which he or she reasonably believes is necessary to 1086 defend himself or herself or another from bodily harm. 1087 c.Has the same immunities and privileges as a law 1088 enforcement officer, as defined in s. 943.10, in a civil or 1089 criminal action arising out of a tactical law enforcement 1090 operation when acting within the scope of his or her official 1091 duties. 1092 3.This paragraph may not be construed to authorize a 1093 tactical medical professional to carry, transport, or store any 1094 firearm or ammunition on any fire apparatus or EMS vehicle. 1095 4.The appointing law enforcement agency shall issue any 1096 firearm or ammunition that the tactical medical professional 1097 carries in accordance with this paragraph. 1098 5.For the purposes of this paragraph, the term tactical 1099 medical professional means a paramedic, as defined in s. 1100 401.23, a physician, as defined in s. 458.305, or an osteopathic 1101 physician, as defined in s. 459.003, who is appointed to provide 1102 direct support to a tactical law enforcement unit by providing 1103 medical services at high-risk incidents, including, but not 1104 limited to, hostage incidents, narcotics raids, hazardous 1105 surveillance, sniper incidents, armed suicidal persons, 1106 barricaded suspects, high-risk felony warrant service, fugitives 1107 refusing to surrender, and active shooter incidents. 1108 (4)(5)POSSESSION IN PRIVATE CONVEYANCE. 1109 (a)Notwithstanding s. 790.01(1), a person 18 years of age 1110 or older who is in lawful possession of a handgun or other 1111 weapon may possess such a handgun or weapon within the interior 1112 of a private conveyance if the handgun or weapon is securely 1113 encased or otherwise not readily accessible for immediate use. A 1114 person who possesses a handgun or other weapon as authorized 1115 under this paragraph may not carry the handgun or weapon on his 1116 or her person. 1117 (b)This subsection does not prohibit a person from 1118 carrying a: 1119 1.Legal firearm other than a handgun anywhere in a private 1120 conveyance when such firearm is being carried for a lawful use; 1121 or 1122 2.Concealed weapon or concealed firearm on his or her 1123 person while in a private conveyance if he or she is authorized 1124 to carry a concealed weapon or concealed firearm under s. 1125 790.01(1). 1126 (c)This subsection shall be liberally construed in favor 1127 of the lawful use, ownership, and possession of firearms and 1128 other weapons, including lawful self-defense as provided in s. 1129 776.012. Notwithstanding subsection (2), it is lawful and is not 1130 a violation of s. 790.01 for a person 18 years of age or older 1131 to possess a concealed firearm or other weapon for self-defense 1132 or other lawful purpose within the interior of a private 1133 conveyance, without a license, if the firearm or other weapon is 1134 securely encased or is otherwise not readily accessible for 1135 immediate use. Nothing herein contained prohibits the carrying 1136 of a legal firearm other than a handgun anywhere in a private 1137 conveyance when such firearm is being carried for a lawful use. 1138 Nothing herein contained shall be construed to authorize the 1139 carrying of a concealed firearm or other weapon on the person. 1140 This subsection shall be liberally construed in favor of the 1141 lawful use, ownership, and possession of firearms and other 1142 weapons, including lawful self-defense as provided in s. 1143 776.012. 1144 Section 15.Paragraph (c) of subsection (2) and paragraph 1145 (c) of subsection (4) of section 790.251, Florida Statutes, are 1146 amended to read: 1147 790.251Protection of the right to keep and bear arms in 1148 motor vehicles for self-defense and other lawful purposes; 1149 prohibited acts; duty of public and private employers; immunity 1150 from liability; enforcement. 1151 (2)DEFINITIONS.As used in this section, the term: 1152 (c)Employee means any person who is authorized to carry 1153 a concealed weapon or concealed firearm under s. 790.01(1) 1154 possesses a valid license issued pursuant to s. 790.06 and: 1155 1.Works for salary, wages, or other remuneration; 1156 2.Is an independent contractor; or 1157 3.Is a volunteer, intern, or other similar individual for 1158 an employer. 1159 1160 As used in this section, the term firearm includes ammunition 1161 and accoutrements attendant to the lawful possession and use of 1162 a firearm. 1163 (4)PROHIBITED ACTS.No public or private employer may 1164 violate the constitutional rights of any customer, employee, or 1165 invitee as provided in paragraphs (a)-(e): 1166 (c)No public or private employer shall condition employment 1167 upon either: 1168 1.The fact that an employee or prospective employee is 1169 authorized to carry a concealed weapon or concealed firearm 1170 under s. 790.01(1) holds or does not hold a license issued 1171 pursuant to s. 790.06; or 1172 2.Any agreement by an employee or a prospective employee 1173 that prohibits an employee from keeping a legal firearm locked 1174 inside or locked to a private motor vehicle in a parking lot 1175 when such firearm is kept for lawful purposes. 1176 1177 This subsection applies to all public sector employers, 1178 including those already prohibited from regulating firearms 1179 under the provisions of s. 790.33. 1180 Section 16.Paragraph (c) of subsection (1) of section 1181 790.31, Florida Statutes, is amended to read: 1182 790.31Armor-piercing or exploding ammunition or dragons 1183 breath shotgun shells, bolo shells, or flechette shells 1184 prohibited. 1185 (1)As used in this section, the term: 1186 (c)Handgun means a firearm capable of being carried and 1187 used by one hand, such as a pistol or revolver. 1188 Section 17.Effective upon becoming a law, section 1189 943.6873, Florida Statutes, is created to read: 1190 943.6873Active assailant response policy.For the 1191 protection of all persons in this state, it is necessary and 1192 required that every law enforcement agency in this state be 1193 prepared to respond to an active assailant event. To be 1194 adequately prepared, each law enforcement agency must create and 1195 maintain an active assailant response policy. 1196 (1)By October 1, 2023, each law enforcement agency in this 1197 state shall have a written active assailant response policy 1198 that: 1199 (a)Is consistent with the agencys response capabilities; 1200 and 1201 (b)Includes response procedures specifying the command 1202 protocol and coordination with other law enforcement agencies. 1203 (2)(a)The department shall make the model active assailant 1204 response policy developed by the Marjory Stoneman Douglas High 1205 School Public Safety Commission available on its website. The 1206 department may also make available any other policies deemed 1207 appropriate by the executive director which may guide a law 1208 enforcement agency in developing its active assailant response 1209 polices. 1210 (b)Each law enforcement agency must review the model 1211 active assailant response policy developed by the Marjory 1212 Stoneman Douglas High School Public Safety Commission when 1213 developing its active assailant response policy. 1214 (3)Each law enforcement agency shall ensure that all of 1215 its sworn personnel have been trained on the agencys existing 1216 active assailant response policy, or that sworn personnel are 1217 trained within 180 days after enacting a new or revised policy. 1218 Each law enforcement agency must ensure that all of its sworn 1219 personnel receive, at minimum, annual training on the active 1220 assailant response policy. 1221 (4)By October 1, 2023, each law enforcement agency shall 1222 provide written certification to the department from the head of 1223 the law enforcement agency verifying that the agency has 1224 officially adopted a written active assailant response policy. 1225 (5)By January 1, 2024, the department shall submit a 1226 report to the Governor, the President of the Senate, and the 1227 Speaker of the House of Representatives identifying each law 1228 enforcement agency that has not complied with the requirements 1229 of this section. 1230 Section 18.Effective upon becoming a law, subsections (12) 1231 and (13) of section 1001.212, Florida Statutes, are amended to 1232 read: 1233 1001.212Office of Safe Schools.There is created in the 1234 Department of Education the Office of Safe Schools. The office 1235 is fully accountable to the Commissioner of Education. The 1236 office shall serve as a central repository for best practices, 1237 training standards, and compliance oversight in all matters 1238 regarding school safety and security, including prevention 1239 efforts, intervention efforts, and emergency preparedness 1240 planning. The office shall: 1241 (12)Develop a statewide behavioral threat management 1242 operational process, a Florida-specific behavioral threat 1243 assessment instrument, and a threat management portal. 1244 (a)1.By December 1, 2023, the office shall develop a 1245 statewide behavioral threat management operational process to 1246 guide school districts, schools, charter school governing 1247 boards, and charter schools through the threat management 1248 process. The process must be designed to identify, assess, 1249 manage, and monitor potential and real threats to schools. This 1250 process must include, but is not limited to: 1251 a.The establishment and duties of threat management teams. 1252 b.Defining behavior risks and threats. 1253 c.The use of the Florida-specific behavioral threat 1254 assessment instrument developed pursuant to paragraph (b) to 1255 evaluate the behavior of students who may pose a threat to the 1256 school, school staff, or other students and to coordinate 1257 intervention and services for such students. 1258 d.Upon the availability of the threat management portal 1259 developed pursuant to paragraph (c), the use, authorized user 1260 criteria, and access specifications of the portal. 1261 e.Procedures for the implementation of interventions, 1262 school support, and community services. 1263 f.Guidelines for appropriate law enforcement intervention. 1264 g.Procedures for risk management. 1265 h.Procedures for disciplinary actions. 1266 i.Mechanisms for continued monitoring of potential and 1267 real threats. 1268 j.Procedures for referrals to mental health services 1269 identified by the school district or charter school governing 1270 board pursuant to s. 1012.584(4). 1271 k.Procedures and requirements necessary for the creation 1272 of a threat assessment report, all corresponding documentation, 1273 and any other information required by the Florida-specific 1274 behavioral threat assessment instrument under paragraph (b). 1275 2.Upon availability, each school district, school, charter 1276 school governing board, and charter school must use the 1277 statewide behavioral threat management operational process. 1278 3.The office shall provide training to all school 1279 districts, schools, charter school governing boards, and charter 1280 schools on the statewide behavioral threat management 1281 operational process. 1282 4.The office shall coordinate the ongoing development, 1283 implementation, and operation of the statewide behavioral threat 1284 management operational process. 1285 (b)1.By August 1, 2023 2019, the office shall develop a 1286 Florida-specific standardized, statewide behavioral threat 1287 assessment instrument for school districts, schools, charter 1288 school governing boards, and charter schools to use to evaluate 1289 the behavior of students who may pose a threat to the school, 1290 school staff, or students and to coordinate intervention and 1291 services for such students. The Florida-specific behavioral 1292 threat assessment instrument must include, but is not limited 1293 to: use by all public schools, including charter schools, which 1294 addresses early identification, evaluation, early intervention, 1295 and student support. 1296 (a)The standardized, statewide behavioral threat 1297 assessment instrument must include, but need not be limited to, 1298 components and forms that address: 1299 a.1.An assessment of the threat, which includes an 1300 assessment of the student, family, and school and social 1301 dynamics. 1302 b.2.An evaluation to determine whether a threat exists and 1303 if so, if the type of threat is transient or substantive. 1304 c.3.The response to a substantive threat, which includes 1305 the school response, and the role of law enforcement agencies in 1306 the response, and the response by mental health providers. 1307 d.4.The response to a serious substantive threat, 1308 including mental health and law enforcement referrals. 1309 5.Ongoing monitoring to assess implementation of threat 1310 management and safety strategies. 1311 e.Ongoing monitoring to evaluate interventions and support 1312 provided to the students. 1313 f.A standardized threat assessment report, which must 1314 include, but need not be limited to, all documentation 1315 associated with the evaluation, intervention, management, and 1316 any ongoing monitoring of the threat. 1317 2.A report, all corresponding documentation, and any other 1318 information required by the instrument in the threat management 1319 portal under paragraph (c) is an education record and may not be 1320 retained, maintained, or transferred, except in accordance with 1321 State Board of Education rule. 1322 3.Upon availability, each school district, school, charter 1323 school governing board, and charter school must use the Florida 1324 specific behavioral threat assessment instrument. 1325 4.6.The office shall provide training for members of 1326 threat management assessment teams established under s. 1327 1006.07(7) and for all school districts and charter school 1328 governing boards school administrators regarding the use of the 1329 Florida-specific behavioral threat assessment instrument. 1330 (c)1.By August 1, 2025, the office shall develop, host, 1331 maintain, and administer a threat management portal that will 1332 digitize the Florida-specific behavioral threat assessment 1333 instrument for use by each school district, school, charter 1334 school governing board, and charter school. The portal will also 1335 facilitate the electronic threat assessment reporting and 1336 documentation as required by the Florida-specific behavioral 1337 threat assessment instrument to evaluate the behavior of 1338 students who may pose a threat to the school, school staff, or 1339 students and to coordinate intervention and services for such 1340 students. The portal may not provide the office with access to 1341 the portal unless authorized in accordance with State Board of 1342 Education rule. The portal must include, but need not be limited 1343 to, the following functionalities: 1344 a.Workflow processes that align with the statewide 1345 behavioral threat management operational process. 1346 b.Direct data entry and file uploading as required by the 1347 Florida-specific behavioral threat assessment instrument. 1348 c.The ability to create a threat assessment report as 1349 required by the Florida-specific behavioral threat assessment 1350 instrument. 1351 d.The ability of authorized personnel to add to or update 1352 a threat assessment report, all corresponding documentation, or 1353 any other information required by the Florida-specific 1354 behavioral threat assessment instrument. 1355 e.The ability to create and remove connections between 1356 education records in the portal and authorized personnel. 1357 f.The ability to grant access to and securely transfer any 1358 education records in the portal to other schools or charter 1359 schools in the district. 1360 g.The ability to grant access to and securely transfer any 1361 education records in the portal to schools and charter schools 1362 not in the originating district. 1363 h.The ability to retain, maintain, and transfer education 1364 records in the portal in accordance with State Board of 1365 Education rule. 1366 i.The ability to restrict access to, entry of, 1367 modification of, and transfer of education records in the portal 1368 to a school district, school, charter school governing board, or 1369 charter school and authorized personnel as specified by the 1370 statewide behavioral threat management operational process. 1371 j.The ability to designate school district or charter 1372 school governing board system administrators who may grant 1373 access to authorized school district and charter school 1374 governing board personnel and school and charter school system 1375 administrators. 1376 k.The ability to designate school or charter school system 1377 administrators who may grant access to authorized school or 1378 charter school personnel. 1379 l.The ability to notify the offices system administrators 1380 and school district or charter school governing board system 1381 administrators of attempts to access any education records by 1382 unauthorized personnel. 1383 2.Upon availability, each school district, school, charter 1384 school governing board, and charter school shall use the portal. 1385 3.A threat assessment report, all corresponding 1386 documentation, and any other information required by the 1387 Florida-specific behavioral threat assessment instrument which 1388 is maintained in the portal is an education record and may not 1389 be retained, maintained, or transferred, except in accordance 1390 with State Board of Education rule. 1391 4.The office and the office system administrators may not 1392 have access to a threat assessment report, all corresponding 1393 documentation, and any other information required by the 1394 Florida-specific behavioral threat assessment instrument which 1395 is maintained in the portal. 1396 5.A school district or charter school governing board may 1397 not have access to the education records in the portal, except 1398 in accordance with State Board of Education rule. 1399 6.The parent of a student may access his or her students 1400 education records in the portal in accordance with State Board 1401 of Education Rule, but may not have access to the portal. 1402 7.The office shall develop and implement a quarterly 1403 portal access review audit process. 1404 8.Upon availability, each school district, school, charter 1405 school governing board, and charter school shall comply with the 1406 quarterly portal access review audit process developed by the 1407 office. 1408 9.By August 1, 2025, the office shall provide role-based 1409 training to all authorized school district and charter school 1410 governing board personnel before granting access to the portal. 1411 10.By August 1 of each year, the office shall provide 1412 role-based training to all authorized school district, school, 1413 charter school governing board, and charter school personnel. 1414 11.Any individual who accesses, uses, or releases any 1415 education record contained in the portal for a purpose not 1416 specifically authorized by law commits a noncriminal infraction, 1417 punishable by a fine not exceeding $2,000. 1418 (d)(b)The office shall: 1419 1.by August 1 of each year:, 2020, 1420 1.Evaluate each school districts, schools, and charter 1421 school governing boards, and charter schools use of the 1422 statewide behavioral threat management operational process, the 1423 Florida-specific behavioral threat assessment instrument, and 1424 the threat management portal procedures for compliance with this 1425 subsection. 1426 2.Notify the district school superintendent or charter 1427 school governing board, as applicable, if the use of the 1428 statewide behavioral threat management operational process, the 1429 Florida-specific behavioral threat assessment instrument, and 1430 the threat management portal is not in compliance with this 1431 subsection. 1432 3.Report any issues of ongoing noncompliance with this 1433 subsection to the commissioner and the district school 1434 superintendent or the charter school governing board, as 1435 applicable. 1436 (13)Establish the Statewide Threat Assessment Database 1437 Workgroup, composed of members appointed by the department, to 1438 complement the work of the department and the Department of Law 1439 Enforcement associated with the centralized integrated data 1440 repository and data analytics resources initiative and make 1441 recommendations regarding the development of a statewide threat 1442 assessment database. The database must allow authorized public 1443 school personnel to enter information related to any threat 1444 assessment conducted at their respective schools using the 1445 instrument developed by the office pursuant to subsection (12), 1446 and must provide such information to authorized personnel in 1447 each school district and public school and to appropriate 1448 stakeholders. By December 31, 2019, the workgroup shall provide 1449 a report to the office with recommendations that include, but 1450 need not be limited to: 1451 (a)Threat assessment data that should be required to be 1452 entered into the database. 1453 (b)School district and public school personnel who should 1454 be allowed to input student records to the database and view 1455 such records. 1456 (c)Database design and functionality, to include data 1457 security. 1458 (d)Restrictions and authorities on information sharing, 1459 including: 1460 1.Section 1002.22 and other applicable state laws. 1461 2.The Family Educational Rights and Privacy Act (FERPA), 1462 20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance 1463 Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6, 1464 45 C.F.R. part 164, subpart E; and other applicable federal 1465 laws. 1466 3.The appropriateness of interagency agreements that will 1467 allow law enforcement to view database records. 1468 (e)The cost to develop and maintain a statewide online 1469 database. 1470 (f)An implementation plan and timeline for the workgroup 1471 recommendations. 1472 Section 19.Effective upon becoming a law, the State Board 1473 of Education may, and all conditions are deemed met, to adopt 1474 emergency rules pursuant to s. 120.54(4), Florida Statutes, to 1475 administer the amendments made to s. 1001.212(12), Florida 1476 Statutes, by this act. Notwithstanding any other law, emergency 1477 rules adopted pursuant to this section are effective for 6 1478 months after adoption and may be renewed during the pendency of 1479 procedures to adopt permanent rules addressing the subject of 1480 the emergency rules. This section expires July 1, 2024. 1481 Section 20.Subsection (18) is added to section 1002.42, 1482 Florida Statutes, to read: 1483 1002.42Private schools. 1484 (18)SAFE SCHOOL OFFICERS. 1485 (a)A private school may partner with a law enforcement 1486 agency or a security agency to establish or assign one or more 1487 safe-school officers established in s. 1006.12(1)-(4). The 1488 private school is responsible for the full cost of implementing 1489 any such option, which includes all training costs under the 1490 Coach Aaron Feis Guardian Program under s. 30.15(1)(k). 1491 (b)A private school that establishes a safe-school officer 1492 must comply with the requirements of s. 1006.12. References to a 1493 school district, district school board, or district school 1494 superintendent in s. 1006.12(1)-(5) shall also mean a private 1495 school governing board or private school head of school, as 1496 applicable. References to a school district employee in s. 1497 1006.12(3) shall also mean a private school employee. 1498 Section 21.Effective upon becoming a law, subsection (2) 1499 of section 1003.25, Florida Statutes, is amended to read: 1500 1003.25Procedures for maintenance and transfer of student 1501 records. 1502 (2)The procedure for transferring and maintaining records 1503 of students who transfer from school to school is shall be 1504 prescribed by rules of the State Board of Education. The 1505 transfer of records must shall occur within 3 school days. The 1506 records must shall include, if applicable: 1507 (a)Verified reports of serious or recurrent behavior 1508 patterns, including any threat assessment report, all 1509 corresponding documentation, and any other information required 1510 by the Florida-specific behavioral threat assessment instrument 1511 pursuant to s. 1001.212(12) which contains the evaluation, 1512 evaluations and intervention, and management of the threat 1513 assessment evaluations and intervention services. 1514 (b)Psychological evaluations, including therapeutic 1515 treatment plans and therapy or progress notes created or 1516 maintained by school district or charter school staff, as 1517 appropriate. 1518 Section 22.Effective upon becoming a law, subsections (7) 1519 and (9) of section 1006.07, Florida Statutes, are amended to 1520 read: 1521 1006.07District school board duties relating to student 1522 discipline and school safety.The district school board shall 1523 provide for the proper accounting for all students, for the 1524 attendance and control of students at school, and for proper 1525 attention to health, safety, and other matters relating to the 1526 welfare of students, including: 1527 (7)THREAT MANAGEMENT ASSESSMENT TEAMS.Each district 1528 school board and charter school governing board shall establish 1529 a adopt policies for the establishment of threat management team 1530 assessment teams at each school whose duties include the 1531 coordination of resources and assessment and intervention with 1532 students individuals whose behavior may pose a threat to the 1533 safety of the school, school staff, or students consistent with 1534 the model policies developed by the Office of Safe Schools. Such 1535 policies must include procedures for referrals to mental health 1536 services identified by the school district pursuant to s. 1537 1012.584(4), when appropriate, and procedures for behavioral 1538 threat assessments in compliance with the instrument developed 1539 pursuant to s. 1001.212(12). 1540 (a)Upon the availability of a statewide behavioral threat 1541 management operational process developed pursuant to s. 1542 1001.212(12), all threat management teams shall use the 1543 operational process. 1544 (b)A threat management assessment team shall include 1545 persons with expertise in counseling, instruction, school 1546 administration, and law enforcement, and at least one 1547 instructional or administrative personnel, pursuant to s. 1548 1012.01(2) and (3), who is personally familiar with the 1549 individual who is the subject of the threat assessment. All 1550 members of the threat management assessment team must be 1551 involved in the threat assessment and threat management process 1552 and final decisionmaking. 1553 (c)The threat management team assessment teams shall 1554 identify members of the school community to whom threatening 1555 behavior should be reported and provide guidance to students, 1556 faculty, and staff regarding recognition of threatening or 1557 aberrant behavior that may represent a threat to the community, 1558 school, or self. 1559 (d)Upon the availability of the Florida-specific 1560 behavioral threat assessment instrument developed pursuant to s. 1561 1001.212(12), all the threat management teams assessment team 1562 shall use that instrument when evaluating the behavior of 1563 students who may pose a threat to the school, school staff, or 1564 students and to coordinate intervention and services for such 1565 students. 1566 (e)(b)Upon a preliminary determination that a student 1567 poses a threat of violence or physical harm to himself or 1568 herself or others, a threat management assessment team shall 1569 immediately report its determination to the superintendent or 1570 his or her designee. The superintendent or his or her designee 1571 or the charter school administrator or his or her designee shall 1572 immediately attempt to notify the students parent or legal 1573 guardian. Nothing in this subsection precludes shall preclude 1574 school district or charter school governing board personnel from 1575 acting immediately to address an imminent threat. 1576 (f)(c)Upon a preliminary determination by the threat 1577 management assessment team that a student poses a threat of 1578 violence to himself or herself or others or exhibits 1579 significantly disruptive behavior or need for assistance, 1580 authorized members of the threat management assessment team may 1581 obtain criminal history record information pursuant to s. 1582 985.04(1). A member of a threat management assessment team may 1583 not disclose any criminal history record information obtained 1584 pursuant to this section or otherwise use any record of an 1585 individual beyond the purpose for which such disclosure was made 1586 to the threat management assessment team. 1587 (g)(d)Notwithstanding any other provision of law, all 1588 state and local agencies and programs that provide services to 1589 students experiencing or at risk of an emotional disturbance or 1590 a mental illness, including the school districts, charter 1591 schools, school personnel, state and local law enforcement 1592 agencies, the Department of Juvenile Justice, the Department of 1593 Children and Families, the Department of Health, the Agency for 1594 Health Care Administration, the Agency for Persons with 1595 Disabilities, the Department of Education, the Statewide 1596 Guardian Ad Litem Office, and any service or support provider 1597 contracting with such agencies, may share with each other 1598 records or information that are confidential or exempt from 1599 disclosure under chapter 119 if the records or information are 1600 reasonably necessary to ensure access to appropriate services 1601 for the student or to ensure the safety of the student or 1602 others. All such state and local agencies and programs shall 1603 communicate, collaborate, and coordinate efforts to serve such 1604 students. 1605 (h)(e)If an immediate mental health or substance abuse 1606 crisis is suspected, school personnel shall follow steps 1607 policies established by the threat management assessment team to 1608 engage behavioral health crisis resources. Behavioral health 1609 crisis resources, including, but not limited to, mobile crisis 1610 teams and school resource officers trained in crisis 1611 intervention, shall provide emergency intervention and 1612 assessment, make recommendations, and refer the student for 1613 appropriate services. Onsite school personnel shall report all 1614 such situations and actions taken to the threat management 1615 assessment team, which shall contact the other agencies involved 1616 with the student and any known service providers to share 1617 information and coordinate any necessary follow-up followup 1618 actions. Upon the students transfer to a different school, the 1619 threat management assessment team shall verify that any 1620 intervention services provided to the student remain in place 1621 until the threat management assessment team of the receiving 1622 school independently determines the need for intervention 1623 services. 1624 (i)The threat management team shall prepare a threat 1625 assessment report required by the Florida-specific behavioral 1626 threat assessment instrument developed pursuant to s. 1627 1001.212(12). A threat assessment report, all corresponding 1628 documentation, and any other information required by the 1629 Florida-specific behavioral threat assessment instrument in the 1630 threat management portal is an education record. 1631 (j)(f)Each threat management assessment team established 1632 pursuant to this subsection shall report quantitative data on 1633 its activities to the Office of Safe Schools in accordance with 1634 guidance from the office and shall utilize the threat assessment 1635 database developed pursuant to s. 1001.212(13) upon the 1636 availability of the database. 1637 (9)SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.Each 1638 district school board shall adopt policies to ensure the 1639 accurate and timely reporting of incidents related to school 1640 safety and discipline. The district school superintendent is 1641 responsible for school environmental safety incident reporting. 1642 A district school superintendent who fails to comply with this 1643 subsection is subject to the penalties specified in law, 1644 including, but not limited to, s. 1001.42(13)(b) or s. 1645 1001.51(12)(b), as applicable. The State Board of Education 1646 shall adopt rules establishing the requirements for the school 1647 environmental safety incident report, including those incidents 1648 that must be reported to a law enforcement agency. Annually, the 1649 department shall publish on its website the most recently 1650 available school environmental safety incident data along with 1651 other school accountability and performance data in a uniform, 1652 statewide format that is easy to read and understand. 1653 Section 23.Effective upon becoming a law: 1654 (1)The State Board of Education is authorized, and all 1655 conditions are deemed met, to adopt emergency rules pursuant to 1656 s. 120.54(4) for the purpose of implementing this subsection. 1657 The Legislature finds that school district discretion over 1658 reporting criminal incidents to law enforcement has resulted in 1659 significant under-reporting of serious crimes. The Legislature 1660 further finds that emergency rulemaking authority is necessary 1661 to ensure that all reportable incidents that are crimes are 1662 reported to law enforcement as soon as practicable starting in 1663 the 2023-2024 school year. Emergency rules adopted under this 1664 section are exempt from s. 120.54(4)(c) and shall remain in 1665 effect until replaced by rules adopted under the nonemergency 1666 rulemaking procedures of chapter 120, which must occur no later 1667 than July 1, 2024. 1668 (2)Notwithstanding any other provision of law, emergency 1669 rules adopted pursuant to subsection (1) are effective for 6 1670 months after adoption and may be renewed during the pendency of 1671 procedures to adopt permanent rules addressing the subject of 1672 the emergency rules. 1673 Section 24.Effective upon becoming a law, section 1674 1006.121, Florida Statutes, is created to read: 1675 1006.121Florida Safe Schools Canine Program. 1676 (1)CREATION AND PURPOSE. 1677 (a)The Department of Education, through the Office of Safe 1678 Schools pursuant to s. 1001.212, shall establish the Florida 1679 Safe Schools Canine Program for the purpose of designating a 1680 person, school, or business entity as a Florida Safe Schools 1681 Canine Partner if the person, school, or business entity 1682 provides a monetary or in-kind donation to a law enforcement 1683 agency to purchase, train, or care for a firearm detection 1684 canine. The office shall consult with the Florida Police Chiefs 1685 Association and the Florida Sheriffs Association in creating the 1686 program. 1687 (b)The presence of firearm detection canines at K-12 1688 schools contributes to a safe school community, furthering a 1689 communitywide investment and engagement in school safety and 1690 public safety initiatives. The program seeks to foster 1691 relationships between schools, local businesses, and law 1692 enforcement, promoting trust and confidence in the ability of 1693 law enforcement to keep schools and communities safe. Firearm 1694 detection canines act as liaisons between students and law 1695 enforcement agencies and serve as ambassadors for a law 1696 enforcement agency to improve community engagement. K-12 schools 1697 and students are encouraged to partner with law enforcement to 1698 raise funds in the local community for the monetary or in-kind 1699 donations needed to purchase, train, or care for a firearm 1700 detection canine. This includes building relationships with 1701 local businesses that support school safety by providing 1702 monetary or in-kind donations to help with the ongoing care and 1703 expenses of a firearm detection canine which include, but are 1704 not limited to, veterinary care such as wellness checks and 1705 medicine; food; interactive and training toys; grooming; and 1706 necessary equipment such as collars and leads. 1707 (2)DEFINITION.As used in this section, the term firearm 1708 detection canine means any canine that is owned or the service 1709 of which is employed by a law enforcement agency for use in K12 1710 schools for the primary purpose of aiding in the detection of 1711 firearms and ammunition. 1712 (3)CANINE REQUIREMENTS.A firearm detection canine must be 1713 trained to interact with children and must complete behavior and 1714 temperament training. A firearm detection canine may also be 1715 trained as an animal-assisted therapy canine. 1716 (4)ELIGIBILITY. 1717 (a)A law enforcement agency may nominate a person, school, 1718 or business entity to be designated as a Florida Safe Schools 1719 Canine Partner, or such person, school, or business entity may 1720 apply to the office to be designated as a Florida Safe Schools 1721 Canine Partner if the monetary or in-kind donation is for the 1722 purchase, training, or care of a firearm detection canine. 1723 (b)The nomination or application to the office for 1724 designation as a Florida Safe Schools Canine Partner must, at 1725 minimum, include all of the following: 1726 1.The name, address, and contact information of the 1727 person, school, or business entity. 1728 2.The name, address, and contact information of the law 1729 enforcement agency. 1730 3.Whether the donation was monetary or in-kind. 1731 4.The amount of the donation or type of in-kind donation. 1732 5.Documentation from the law enforcement agency 1733 certifying: 1734 a.The date of receipt of the persons, schools, or 1735 business entitys monetary or in-kind donation; and 1736 b.The persons, schools, or business entitys monetary or 1737 in-kind donation is for the purchasing, training, or care of a 1738 firearm detection canine. 1739 (c)The office shall adopt procedures for the nomination 1740 and application processes for a Florida Safe Schools Canine 1741 Partner. 1742 (5)DESIGNATION AND AWARD. 1743 (a)The office shall determine whether a person, school, or 1744 business entity, based on the information provided in the 1745 nomination or application, meets the requirements in subsection 1746 (4). The office may request additional information from the 1747 person, school, or business entity. 1748 (b)1.A nominated person, school, or business entity that 1749 meets the requirements shall be notified by the office regarding 1750 the nominees eligibility to be awarded a designation as a 1751 Florida Safe Schools Canine Partner. 1752 2.The nominee shall have 30 days after receipt of the 1753 notice to certify that the information in the notice is true and 1754 accurate and accept the nomination, to provide corrected 1755 information for consideration by the office and indicate an 1756 intention to accept the nomination, or to decline the 1757 nomination. If the nominee accepts the nomination, the office 1758 shall award the designation. The office may not award the 1759 designation if the nominee declines the nomination or has not 1760 accepted the nomination within 30 days after receiving notice. 1761 (c)An applicant person, school, or business entity that 1762 meets the requirements shall be notified and awarded a 1763 designation as a Florida Safe Schools Canine Partner. 1764 (d)The office shall adopt procedures for the designation 1765 process of a Florida Safe Schools Canine Partner. Designation as 1766 a Florida Safe Schools Canine Partner does not establish or 1767 involve licensure, does not affect the substantial interests of 1768 a party, and does not constitute a final agency action. The 1769 Florida Safe Schools Canine Program and designation are not 1770 subject to chapter 120. 1771 (6)LOGO DEVELOPMENT. 1772 (a)The office shall develop a logo that identifies a 1773 person, school, or business entity that is designated as a 1774 Florida Safe Schools Canine Partner. 1775 (b)The office shall adopt guidelines and requirements for 1776 the use of the logo, including how the logo may be used in 1777 advertising. The office may allow a person, school, or business 1778 entity to display a Florida Safe Schools Canine Partner logo 1779 upon designation. A person, school, or business entity that has 1780 not been designated as a Florida Safe Schools Canine Partner or 1781 has elected to discontinue its designated status may not display 1782 the logo. 1783 (7)WEBSITE.The office shall establish a page on the 1784 departments website for the Florida Safe Schools Canine 1785 Program. At a minimum, the page must provide a list, updated 1786 quarterly, of persons, schools, or business entities, by county, 1787 which currently have the Florida Safe Schools Canine Partner 1788 designation and information regarding the eligibility 1789 requirements for the designation and the method of application 1790 or nomination. 1791 (8)RULES.The State Board of Education shall adopt rules 1792 to administer this section. 1793 Section 25.Effective upon becoming a law, subsections (1), 1794 (2), and (8) of section 1006.13, Florida Statutes, are amended 1795 to read: 1796 1006.13Policy of zero tolerance for crime and 1797 victimization. 1798 (1)District school boards shall promote a safe and 1799 supportive learning environment in schools by protecting 1800 students and staff from conduct that poses a threat to school 1801 safety. A threat management assessment team may use alternatives 1802 to expulsion or referral to law enforcement agencies to address 1803 disruptive behavior through restitution, civil citation, teen 1804 court, neighborhood restorative justice, or similar programs. 1805 Zero-tolerance policies may not be rigorously applied to petty 1806 acts of misconduct. Zero-tolerance policies must apply equally 1807 to all students regardless of their economic status, race, or 1808 disability. 1809 (2)Each district school board shall adopt a policy of zero 1810 tolerance that: 1811 (a)Identifies acts that are required to be reported under 1812 the school environmental safety incident reporting pursuant to 1813 s. 1006.07(9) Defines criteria for reporting to a law 1814 enforcement agency any act that poses a threat to school safety 1815 that occurs whenever or wherever students are within the 1816 jurisdiction of the district school board. 1817 (b)Defines acts that pose a threat to school safety. 1818 (c)Defines petty acts of misconduct which are not a threat 1819 to school safety and do not require consultation with law 1820 enforcement. 1821 (d)Minimizes the victimization of students, staff, or 1822 volunteers, including taking all steps necessary to protect the 1823 victim of any violent crime from any further victimization. 1824 (e)Establishes a procedure that provides each student with 1825 the opportunity for a review of the disciplinary action imposed 1826 pursuant to s. 1006.07. 1827 (f)Requires the threat management assessment team to 1828 consult with law enforcement when a student exhibits a pattern 1829 of behavior, based upon previous acts or the severity of an act, 1830 that would pose a threat to school safety. 1831 (8)A threat management assessment team may use 1832 alternatives to expulsion or referral to law enforcement 1833 agencies unless the use of such alternatives will pose a threat 1834 to school safety. 1835 Section 26.Section 790.1612, Florida Statutes, is amended 1836 to read: 1837 790.1612Authorization for governmental manufacture, 1838 possession, and use of destructive devices.The governing body 1839 of any municipality or county and the Division of State Fire 1840 Marshal of the Department of Financial Services have the power 1841 to authorize the manufacture, possession, and use of destructive 1842 devices as defined in s. 790.001 s. 790.001(4). 1843 Section 27.Subsection (1) of section 810.095, Florida 1844 Statutes, is amended to read: 1845 810.095Trespass on school property with firearm or other 1846 weapon prohibited. 1847 (1)It is a felony of the third degree, punishable as 1848 provided in s. 775.082, s. 775.083, or s. 775.084, for a person 1849 who is trespassing upon school property to bring onto, or to 1850 possess on, such school property any weapon as defined in s. 1851 790.001 s. 790.001(13) or any firearm. 1852 Section 28.Paragraph (e) of subsection (3) of section 1853 921.0022, Florida Statutes, is amended to read: 1854 921.0022Criminal Punishment Code; offense severity ranking 1855 chart. 1856 (3)OFFENSE SEVERITY RANKING CHART 1857 (e)LEVEL 5 1858 1859 FloridaStatute FelonyDegree Description 1860 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 1861 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 1862 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 1863 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 1864 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 1865 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked. 1866 379.367(4) 3rd Willful molestation of a commercial harvesters spiny lobster trap, line, or buoy. 1867 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 1868 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 1869 440.10(1)(g) 2nd Failure to obtain workers compensation coverage. 1870 440.105(5) 2nd Unlawful solicitation for the purpose of making workers compensation claims. 1871 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers compensation premiums. 1872 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 1873 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 1874 790.01(3) 790.01(2) 3rd Unlawful carrying of a concealed firearm. 1875 790.162 2nd Threat to throw or discharge destructive device. 1876 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 1877 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 1878 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 1879 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 1880 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 1881 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 1882 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 1883 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 1884 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts. 1885 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period. 1886 812.019(1) 2nd Stolen property; dealing in or trafficking in. 1887 812.081(3) 2nd Trafficking in trade secrets. 1888 812.131(2)(b) 3rd Robbery by sudden snatching. 1889 812.16(2) 3rd Owning, operating, or conducting a chop shop. 1890 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 1891 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 1892 817.2341(1),(2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 1893 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons. 1894 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 1895 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 1896 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 1897 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 1898 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography. 1899 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 1900 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 1901 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 1902 843.01 3rd Resist officer with violence to person; resist arrest with violence. 1903 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 1904 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment. 1905 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 1906 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 1907 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 1908 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs). 1909 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 1910 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university. 1911 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 1912 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility. 1913 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 1914 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 1915 Section 29.Paragraph (b) of subsection (1) of section 1916 921.0024, Florida Statutes, is amended to read: 1917 921.0024Criminal Punishment Code; worksheet computations; 1918 scoresheets. 1919 (1) 1920 (b)WORKSHEET KEY: 1921 1922 Legal status points are assessed when any form of legal status 1923 existed at the time the offender committed an offense before the 1924 court for sentencing. Four (4) sentence points are assessed for 1925 an offenders legal status. 1926 1927 Community sanction violation points are assessed when a 1928 community sanction violation is before the court for sentencing. 1929 Six (6) sentence points are assessed for each community sanction 1930 violation and each successive community sanction violation, 1931 unless any of the following apply: 1932 1.If the community sanction violation includes a new 1933 felony conviction before the sentencing court, twelve (12) 1934 community sanction violation points are assessed for the 1935 violation, and for each successive community sanction violation 1936 involving a new felony conviction. 1937 2.If the community sanction violation is committed by a 1938 violent felony offender of special concern as defined in s. 1939 948.06: 1940 a.Twelve (12) community sanction violation points are 1941 assessed for the violation and for each successive violation of 1942 felony probation or community control where: 1943 I.The violation does not include a new felony conviction; 1944 and 1945 II.The community sanction violation is not based solely on 1946 the probationer or offenders failure to pay costs or fines or 1947 make restitution payments. 1948 b.Twenty-four (24) community sanction violation points are 1949 assessed for the violation and for each successive violation of 1950 felony probation or community control where the violation 1951 includes a new felony conviction. 1952 1953 Multiple counts of community sanction violations before the 1954 sentencing court shall not be a basis for multiplying the 1955 assessment of community sanction violation points. 1956 1957 Prior serious felony points: If the offender has a primary 1958 offense or any additional offense ranked in level 8, level 9, or 1959 level 10, and one or more prior serious felonies, a single 1960 assessment of thirty (30) points shall be added. For purposes of 1961 this section, a prior serious felony is an offense in the 1962 offenders prior record that is ranked in level 8, level 9, or 1963 level 10 under s. 921.0022 or s. 921.0023 and for which the 1964 offender is serving a sentence of confinement, supervision, or 1965 other sanction or for which the offenders date of release from 1966 confinement, supervision, or other sanction, whichever is later, 1967 is within 3 years before the date the primary offense or any 1968 additional offense was committed. 1969 1970 Prior capital felony points: If the offender has one or more 1971 prior capital felonies in the offenders criminal record, points 1972 shall be added to the subtotal sentence points of the offender 1973 equal to twice the number of points the offender receives for 1974 the primary offense and any additional offense. A prior capital 1975 felony in the offenders criminal record is a previous capital 1976 felony offense for which the offender has entered a plea of nolo 1977 contendere or guilty or has been found guilty; or a felony in 1978 another jurisdiction which is a capital felony in that 1979 jurisdiction, or would be a capital felony if the offense were 1980 committed in this state. 1981 1982 Possession of a firearm, semiautomatic firearm, or machine gun: 1983 If the offender is convicted of committing or attempting to 1984 commit any felony other than those enumerated in s. 775.087(2) 1985 while having in his or her possession: a firearm as defined in 1986 s. 790.001 s. 790.001(6), an additional eighteen (18) sentence 1987 points are assessed; or if the offender is convicted of 1988 committing or attempting to commit any felony other than those 1989 enumerated in s. 775.087(3) while having in his or her 1990 possession a semiautomatic firearm as defined in s. 775.087(3) 1991 or a machine gun as defined in s. 790.001 s. 790.001(9), an 1992 additional twenty-five (25) sentence points are assessed. 1993 1994 Sentencing multipliers: 1995 1996 Drug trafficking: If the primary offense is drug trafficking 1997 under s. 893.135, the subtotal sentence points are multiplied, 1998 at the discretion of the court, for a level 7 or level 8 1999 offense, by 1.5. The state attorney may move the sentencing 2000 court to reduce or suspend the sentence of a person convicted of 2001 a level 7 or level 8 offense, if the offender provides 2002 substantial assistance as described in s. 893.135(4). 2003 2004 Law enforcement protection: If the primary offense is a 2005 violation of the Law Enforcement Protection Act under s. 2006 775.0823(2), (3), or (4), the subtotal sentence points are 2007 multiplied by 2.5. If the primary offense is a violation of s. 2008 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 2009 are multiplied by 2.0. If the primary offense is a violation of 2010 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 2011 Protection Act under s. 775.0823(10) or (11), the subtotal 2012 sentence points are multiplied by 1.5. 2013 2014 Grand theft of a motor vehicle: If the primary offense is grand 2015 theft of the third degree involving a motor vehicle and in the 2016 offenders prior record, there are three or more grand thefts of 2017 the third degree involving a motor vehicle, the subtotal 2018 sentence points are multiplied by 1.5. 2019 2020 Offense related to a criminal gang: If the offender is convicted 2021 of the primary offense and committed that offense for the 2022 purpose of benefiting, promoting, or furthering the interests of 2023 a criminal gang as defined in s. 874.03, the subtotal sentence 2024 points are multiplied by 1.5. If applying the multiplier results 2025 in the lowest permissible sentence exceeding the statutory 2026 maximum sentence for the primary offense under chapter 775, the 2027 court may not apply the multiplier and must sentence the 2028 defendant to the statutory maximum sentence. 2029 2030 Domestic violence in the presence of a child: If the offender is 2031 convicted of the primary offense and the primary offense is a 2032 crime of domestic violence, as defined in s. 741.28, which was 2033 committed in the presence of a child under 16 years of age who 2034 is a family or household member as defined in s. 741.28(3) with 2035 the victim or perpetrator, the subtotal sentence points are 2036 multiplied by 1.5. 2037 2038 Adult-on-minor sex offense: If the offender was 18 years of age 2039 or older and the victim was younger than 18 years of age at the 2040 time the offender committed the primary offense, and if the 2041 primary offense was an offense committed on or after October 1, 2042 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 2043 violation involved a victim who was a minor and, in the course 2044 of committing that violation, the defendant committed a sexual 2045 battery under chapter 794 or a lewd act under s. 800.04 or s. 2046 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 2047 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 2048 800.04; or s. 847.0135(5), the subtotal sentence points are 2049 multiplied by 2.0. If applying the multiplier results in the 2050 lowest permissible sentence exceeding the statutory maximum 2051 sentence for the primary offense under chapter 775, the court 2052 may not apply the multiplier and must sentence the defendant to 2053 the statutory maximum sentence. 2054 Section 30.Paragraph (b) of subsection (3) of section 2055 943.051, Florida Statutes, is amended to read: 2056 943.051Criminal justice information; collection and 2057 storage; fingerprinting. 2058 (3) 2059 (b)A minor who is charged with or found to have committed 2060 the following offenses shall be fingerprinted and the 2061 fingerprints shall be submitted electronically to the 2062 department, unless the minor is issued a civil citation pursuant 2063 to s. 985.12: 2064 1.Assault, as defined in s. 784.011. 2065 2.Battery, as defined in s. 784.03. 2066 3.Carrying a concealed weapon, as defined in s. 790.01(2) 2067 s. 790.01(1). 2068 4.Unlawful use of destructive devices or bombs, as defined 2069 in s. 790.1615(1). 2070 5.Neglect of a child, as defined in s. 827.03(1)(e). 2071 6.Assault or battery on a law enforcement officer, a 2072 firefighter, or other specified officers, as defined in s. 2073 784.07(2)(a) and (b). 2074 7.Open carrying of a weapon, as defined in s. 790.053. 2075 8.Exposure of sexual organs, as defined in s. 800.03. 2076 9.Unlawful possession of a firearm, as defined in s. 2077 790.22(5). 2078 10.Petit theft, as defined in s. 812.014(3). 2079 11.Cruelty to animals, as defined in s. 828.12(1). 2080 12.Arson, as defined in s. 806.031(1). 2081 13.Unlawful possession or discharge of a weapon or firearm 2082 at a school-sponsored event or on school property, as provided 2083 in s. 790.115. 2084 Section 31.Paragraph (d) of subsection (1) of section 2085 943.0585, Florida Statutes, is amended to read: 2086 943.0585Court-ordered expunction of criminal history 2087 records. 2088 (1)ELIGIBILITY.A person is eligible to petition a court 2089 to expunge a criminal history record if: 2090 (d)The person has never, as of the date the application 2091 for a certificate of expunction is filed, been adjudicated 2092 guilty in this state of a criminal offense or been adjudicated 2093 delinquent in this state for committing any felony or any of the 2094 following misdemeanors, unless the record of such adjudication 2095 of delinquency has been expunged pursuant to s. 943.0515: 2096 1.Assault, as defined in s. 784.011; 2097 2.Battery, as defined in s. 784.03; 2098 3.Assault on a law enforcement officer, a firefighter, or 2099 other specified officers, as defined in s. 784.07(2)(a); 2100 4.Carrying a concealed weapon, as defined in s. 790.01(2) 2101 s. 790.01(1); 2102 5.Open carrying of a weapon, as defined in s. 790.053; 2103 6.Unlawful possession or discharge of a weapon or firearm 2104 at a school-sponsored event or on school property, as defined in 2105 s. 790.115; 2106 7.Unlawful use of destructive devices or bombs, as defined 2107 in s. 790.1615(1); 2108 8.Unlawful possession of a firearm, as defined in s. 2109 790.22(5); 2110 9.Exposure of sexual organs, as defined in s. 800.03; 2111 10.Arson, as defined in s. 806.031(1); 2112 11.Petit theft, as defined in s. 812.014(3); 2113 12.Neglect of a child, as defined in s. 827.03(1)(e); or 2114 13.Cruelty to animals, as defined in s. 828.12(1). 2115 Section 32.Paragraph (b) of subsection (1) of section 2116 943.059, Florida Statutes, is amended to read: 2117 943.059Court-ordered sealing of criminal history records. 2118 (1)ELIGIBILITY.A person is eligible to petition a court 2119 to seal a criminal history record when: 2120 (b)The person has never, before the date the application 2121 for a certificate of eligibility is filed, been adjudicated 2122 guilty in this state of a criminal offense, or been adjudicated 2123 delinquent in this state for committing any felony or any of the 2124 following misdemeanor offenses, unless the record of such 2125 adjudication of delinquency has been expunged pursuant to s. 2126 943.0515: 2127 1.Assault, as defined in s. 784.011; 2128 2.Battery, as defined in s. 784.03; 2129 3.Assault on a law enforcement officer, a firefighter, or 2130 other specified officers, as defined in s. 784.07(2)(a); 2131 4.Carrying a concealed weapon, as defined in s. 790.01(2) 2132 s. 790.01(1); 2133 5.Open carrying of a weapon, as defined in s. 790.053; 2134 6.Unlawful possession or discharge of a weapon or firearm 2135 at a school-sponsored event or on school property, as defined in 2136 s. 790.115; 2137 7.Unlawful use of destructive devices or bombs, as defined 2138 in s. 790.1615(1); 2139 8.Unlawful possession of a firearm by a minor, as defined 2140 in s. 790.22(5); 2141 9.Exposure of sexual organs, as defined in s. 800.03; 2142 10.Arson, as defined in s. 806.031(1); 2143 11.Petit theft, as defined in s. 812.014(3); 2144 12.Neglect of a child, as defined in s. 827.03(1)(e); or 2145 13.Cruelty to animals, as defined in s. 828.12(1). 2146 Section 33.Paragraph (b) of subsection (1) of section 2147 985.11, Florida Statutes, is amended to read: 2148 985.11Fingerprinting and photographing. 2149 (1) 2150 (b)Unless the child is issued a civil citation or is 2151 participating in a similar diversion program pursuant to s. 2152 985.12, a child who is charged with or found to have committed 2153 one of the following offenses shall be fingerprinted, and the 2154 fingerprints shall be submitted to the Department of Law 2155 Enforcement as provided in s. 943.051(3)(b): 2156 1.Assault, as defined in s. 784.011. 2157 2.Battery, as defined in s. 784.03. 2158 3.Carrying a concealed weapon, as defined in s. 790.01(2) 2159 s. 790.01(1). 2160 4.Unlawful use of destructive devices or bombs, as defined 2161 in s. 790.1615(1). 2162 5.Neglect of a child, as defined in s. 827.03(1)(e). 2163 6.Assault on a law enforcement officer, a firefighter, or 2164 other specified officers, as defined in s. 784.07(2)(a). 2165 7.Open carrying of a weapon, as defined in s. 790.053. 2166 8.Exposure of sexual organs, as defined in s. 800.03. 2167 9.Unlawful possession of a firearm, as defined in s. 2168 790.22(5). 2169 10.Petit theft, as defined in s. 812.014. 2170 11.Cruelty to animals, as defined in s. 828.12(1). 2171 12.Arson, resulting in bodily harm to a firefighter, as 2172 defined in s. 806.031(1). 2173 13.Unlawful possession or discharge of a weapon or firearm 2174 at a school-sponsored event or on school property as defined in 2175 s. 790.115. 2176 2177 A law enforcement agency may fingerprint and photograph a child 2178 taken into custody upon probable cause that such child has 2179 committed any other violation of law, as the agency deems 2180 appropriate. Such fingerprint records and photographs shall be 2181 retained by the law enforcement agency in a separate file, and 2182 these records and all copies thereof must be marked Juvenile 2183 Confidential. These records are not available for public 2184 disclosure and inspection under s. 119.07(1) except as provided 2185 in ss. 943.053 and 985.04(2), but shall be available to other 2186 law enforcement agencies, criminal justice agencies, state 2187 attorneys, the courts, the child, the parents or legal 2188 custodians of the child, their attorneys, and any other person 2189 authorized by the court to have access to such records. In 2190 addition, such records may be submitted to the Department of Law 2191 Enforcement for inclusion in the state criminal history records 2192 and used by criminal justice agencies for criminal justice 2193 purposes. These records may, in the discretion of the court, be 2194 open to inspection by anyone upon a showing of cause. The 2195 fingerprint and photograph records shall be produced in the 2196 court whenever directed by the court. Any photograph taken 2197 pursuant to this section may be shown by a law enforcement 2198 officer to any victim or witness of a crime for the purpose of 2199 identifying the person who committed such crime. 2200 Section 34.Paragraph (b) of subsection (16) of section 2201 1002.33, Florida Statutes, is amended to read: 2202 1002.33Charter schools. 2203 (16)EXEMPTION FROM STATUTES. 2204 (b)Additionally, a charter school shall be in compliance 2205 with the following statutes: 2206 1.Section 286.011, relating to public meetings and 2207 records, public inspection, and criminal and civil penalties. 2208 2.Chapter 119, relating to public records. 2209 3.Section 1003.03, relating to the maximum class size, 2210 except that the calculation for compliance pursuant to s. 2211 1003.03 shall be the average at the school level. 2212 4.Section 1012.22(1)(c), relating to compensation and 2213 salary schedules. 2214 5.Section 1012.33(5), relating to workforce reductions. 2215 6.Section 1012.335, relating to contracts with 2216 instructional personnel hired on or after July 1, 2011. 2217 7.Section 1012.34, relating to the substantive 2218 requirements for performance evaluations for instructional 2219 personnel and school administrators. 2220 8.Section 1006.12, relating to safe-school officers. 2221 9.Section 1006.07(7), relating to threat management 2222 assessment teams. 2223 10.Section 1006.07(9), relating to School Environmental 2224 Safety Incident Reporting. 2225 11.Section 1006.07(10), relating to reporting of 2226 involuntary examinations. 2227 12.Section 1006.1493, relating to the Florida Safe Schools 2228 Assessment Tool. 2229 13.Section 1006.07(6)(d), relating to adopting an active 2230 assailant response plan. 2231 14.Section 943.082(4)(b), relating to the mobile 2232 suspicious activity reporting tool. 2233 15.Section 1012.584, relating to youth mental health 2234 awareness and assistance training. 2235 Section 35.For the 2023-2024 fiscal year, the sum of $1.5 2236 million in recurring funds from the General Revenue Fund is 2237 appropriated to the Department of Law Enforcement to implement a 2238 grant program for local law enforcement agencies to provide 2239 firearm safety training. The department shall develop a process 2240 and guidelines for the disbursement of funds appropriated in 2241 this section. Local law enforcement grant recipients shall 2242 report documentation on the use of training funds, in a form and 2243 manner determined by the department. 2244 Section 36.For the 2023-2024 fiscal year, eight full-time 2245 equivalent positions, with associated salary rate of 582,000, 2246 are authorized and the sums of $1,207,321 in recurring funds and 2247 $70,525 in nonrecurring funds from the General Revenue Fund are 2248 appropriated to the Department of Education to fund new and 2249 existing positions and additional workload expenses within the 2250 Office of Safe Schools. 2251 Section 37.For the 2023-2024 fiscal year, the sum of 2252 $400,000 in recurring funds from the General Revenue Fund is 2253 appropriated to the Department of Education to fund the Office 2254 of Safe Schools to update the existing school safety training 2255 infrastructure. 2256 Section 38.For the 2023-2024 fiscal year, the sums of $5 2257 million in recurring funds and $7 million in nonrecurring funds 2258 from the General Revenue Fund are appropriated to the Department 2259 of Education to competitively procure for the development or 2260 acquisition of a cloud-based secure statewide information 2261 sharing system that meets the requirements of the threat 2262 management portal as prescribed in this act. 2263 Section 39.For the 2023-2024 fiscal year, the sums of $1.5 2264 million in recurring funds and $1.5 million in nonrecurring 2265 funds from the General Revenue Fund are appropriated to the 2266 Department of Education to competitively procure for the 2267 development or acquisition of a cloud-based secure School 2268 Environmental Safety Incident Reporting (SESIR) system. 2269 Section 40.For the 2023-2024 fiscal year, the sum of $42 2270 million in nonrecurring funds from the General Revenue Fund is 2271 appropriated to the Department of Education for school hardening 2272 grant programs to improve the physical security of school 2273 buildings based on the security risk assessment required 2274 pursuant to s. 1006.1493, Florida Statutes. By December 31, 2275 2023, school districts and charter schools receiving school 2276 hardening grant program funds shall report to the Department of 2277 Education, in a format prescribed by the department, the total 2278 estimated costs of their unmet school campus hardening needs as 2279 identified by the Florida Safe Schools Assessment Tool (FSSAT) 2280 conducted pursuant to s. 1006.1493, Florida Statutes. The report 2281 should include a prioritized list of school hardening project 2282 needs by each school district or charter school and an expected 2283 timeframe for implementing those projects. In accordance with 2284 ss. 119.071(3)(a) and 281.301, Florida Statutes, data and 2285 information related to security risk assessments administered 2286 pursuant to s. 1006.1493, Florida Statutes, are confidential and 2287 exempt from public records requirements. Funds may be used only 2288 for capital expenditures. Funds shall be allocated initially 2289 based on each districts capital outlay full-time equivalent 2290 (FTE) and charter school FTE. No district shall be allocated 2291 less than $42,000. Funds shall be provided based on a districts 2292 application, which must be submitted to the Department of 2293 Education by February 1, 2024. 2294 Section 41.Except as otherwise expressly provided in this 2295 act and except for this section, which shall take effect upon 2296 this act becoming a law, this act shall take effect July 1, 2297 2023.