Florida 2023 2023 Regular Session

Florida Senate Bill S0150 Analysis / Analysis

Filed 03/07/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Fiscal Policy 
 
BILL: SB 150 
INTRODUCER:  Senator Collins and others 
SUBJECT:  Public Safety 
DATE: March 8, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Cellon Stokes CJ Favorable 
2. Cellon Yeatman FP Pre-Meeting 
 
I. Summary: 
SB 150 addresses public safety in two ways. First, the bill provides that persons who wish to 
carry a concealed weapon or concealed firearm, without obtaining and maintaining a concealed 
weapon or concealed firearm license from the Department of Agriculture and Consumer Services 
(DACS) may lawfully do so, if they meet certain criteria. Second, the bill amends various 
sections of law relating to school safety and creates the Florida Safe Schools Canine Program. 
 
Firearms and Concealed Carry 
The bill substantially amends s. 790.01, F.S., to provide that a person is authorized to carry a 
concealed weapon or concealed firearm if he or she is licensed, or is not licensed but otherwise 
satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-
(n), (3), and (10), F.S. 
 
Terminology is modified throughout the bill to use the word authorized for both licensed and 
unlicensed concealed weapon or concealed firearm carriers. 
 
The bill creates s. 790.013, F.S., to provide that a person who is authorized to carry a concealed 
weapon or concealed firearm without a license is required to carry valid identification when in 
actual possession of a concealed weapon or concealed firearm. Such person must display his or 
her identification upon demand by a law enforcement officer. Additionally, the bill amends 
s. 790.06, F.S., to remove the requirement for a licensed carrier to carry his or her license to 
carry a concealed weapon or concealed firearm. Under the bill, the requirements for the carrying 
and display of identification are the same for licensed and authorized carriers. A violation of 
these provisions is a noncriminal violation, punishable by a $25 fine. 
 
Additionally, s. 790.013, F.S., provides that a person who is authorized to carry a concealed 
weapon or concealed firearm without a license is subject to s. 790.06(12), F.S., in the same 
manner as a person who is licensed to carry a concealed weapon or concealed firearm. 
REVISED:   BILL: SB 150   	Page 2 
 
Section 790.06(12), F.S., provides that a concealed weapon or concealed firearm license does not 
authorize a person to carry a weapon or firearm in a concealed manner into specified locations. 
 
The bill amends s. 790.053, F.S., the prohibition against openly carrying a firearm, to provide 
that it is not a violation for a person who is authorized to carry and a person who is licensed to 
carry a concealed weapon or concealed firearm, to briefly and openly display the firearm to the 
ordinary sight of another person, unless the firearm is intentionally displayed in an angry or 
threatening manner, not in necessary self-defense. 
 
The bill amends s. 790.115(2), F.S., to provide the same penalty for a person who is authorized 
to carry and a person who is licensed to carry a concealed weapon or concealed firearm, when 
such person willfully and knowingly possesses a weapon or firearm at a school-sponsored event 
or on the property of any school, school bus, or school bus stop. The penalty for such violation is 
a second degree misdemeanor. 
 
Additionally, the bill amends s. 790.015, F.S., to expand existing reciprocity in two ways. It 
allows a nonresident, who does not have a concealed weapon or firearm license issued by his or 
her state, to carry concealed in Florida if he or she satisfies specified criteria in s. 790.06, F.S. 
Secondly, the bill deletes the provision that limits recognition of other states’ concealed weapon 
or concealed firearm licenses to states that honor Florida-issued licenses. 
 
The bill amends s. 790.25, F.S., to clarify that a person may carry a concealed weapon or firearm 
on his or her person while in a private conveyance if he or she is authorized to carry a concealed 
weapon or concealed firearm under s. 790.01(1), F.S. 
 
The bill repeals s. 790.145, F.S., which prohibits any person who is in possession of a concealed 
firearm or a destructive device within the premises of a pharmacy.  
 
The bill makes numerous technical and conforming changes to existing statutes relating to 
carrying a concealed weapon or concealed firearm. 
 
School Safety 
Guardians 
SB 150 amends s. 1002.42, F.S., to provide that a private school may partner with a law 
enforcement agency or a security agency to establish or assign one or more safe-school officers. 
The private school that establishes a safe-school officer must comply with the requirements of 
s. 1006.12, F.S. 
 
The bill amends s. 30.15, F.S., to add private schools to the entities that may request the sheriff 
in the school’s county to establish a guardian program for the purpose of training the private 
school employees. Currently, only public and charter schools may establish guardian programs. 
 
The training required for the guardian program is a standardized statewide curriculum. A school 
guardian who has completed the required training program may not be required to attend another 
sheriff’s training program unless there has been at least a one year break in his or her 
employment as a guardian.  BILL: SB 150   	Page 3 
 
 
The bill further amends s. 30.15, F.S., to increase the hours of instruction on active shooter or 
assailant scenarios to sixteen, rather than eight. Additionally, the number of hours of instruction 
on legal issues is decreased from twelve, to four. 
 
A person who is certified may serve as a school guardian for a private school only if he or she is 
appointed by the private school head of school. 
 
Active Assailant Response Policy 
The bill creates s. 943.6873, F.S., to direct each law enforcement agency to create and maintain 
an active assailant response policy. 
 
The Florida Department of Law Enforcement (FDLE) must make the model active assailant 
response policy developed by the Marjory Stoneman Douglas High School Public Safety 
Commission available on its website. The FDLE may make available any other policies deemed 
appropriate. 
 
Each agency must review the model policy and develop a written active assailant response policy 
that is consistent with the agency’s response capabilities and includes response procedures 
specifying the command protocol and coordination with other law enforcement agencies. 
 
All sworn personnel of each agency must be trained on the agency’s existing active assailant 
response policy, or must be trained within 180 days after enacting a new or revised policy. 
Sworn personnel must receive at minimum annual training on the policy. 
 
Office of Safe Schools 
The bill amends s. 1001.212, F.S., relating to the Office of Safe Schools (OSS). The bill provides 
that the OSS must develop a statewide behavioral threat management operational process, a 
Florida-specific behavioral threat assessment instrument, and a threat management portal. 
 
The bill amends s. 1003.25, F.S., to specify that records including corresponding documentation 
and any other information required by the Florida-specific behavioral threat assessment 
instrument which contains the evaluation, intervention, and management of the threat assessment 
evaluation and intervention services, must be transferred within 3 school days if a student 
transfers from school to school. 
 
The bill amends s. 1006.07, F.S., that all threat management teams must use the statewide 
behavioral threat management operational process upon its availability. 
 
Additionally, the bill specifies that at least one instructional or administrative personnel who is 
personally familiar with the individual who is the subject of the threat assessment must be on the 
threat management team. 
 
The Florida-specific behavioral threat assessment must be used by the threat management team 
when evaluating the behavior of students. The threat management team must prepare a threat 
assessment report.  BILL: SB 150   	Page 4 
 
 
The bill amends s. 1006.13, F.S., to specify that each district school board must adopt a policy of 
zero tolerance that, in part, identifies acts that are required to be reported under the school 
environmental safety incident reporting pursuant to s. 1006.07(9), F.S. 
 
Florida Safe Schools Canine Program 
The bill creates s. 1006.121, F.S., to direct the Department of Education (DOE), through the 
OSS, to establish the Florida Safe Schools Canine Program. This program may designate a 
person, school, or business entity as a Florida Safe Schools Canine Partner if the person, school, 
or business entity provides a monetary or in kind donation to a law enforcement agency to 
purchase, train, or care for a firearm detection canine. 
 
The bill provides for funds to be appropriated from the General Revenue Fund to multiple 
agencies. Additionally, the bill has an indeterminate fiscal impact on the DACS and the Florida 
Department of Law Enforcement (FDLE). See Fiscal Impact Statement, Section V. 
 
The bill becomes effective July 1, 2023, except as otherwise expressly provided in the act. 
II. Present Situation: 
Concealed Weapon and Concealed Firearm Licensure 
Section 790.01, F.S., prohibits a person who is not licensed by the DACS from carrying a 
concealed weapon
1
 or firearm
2
 on or about his or her person. There is a limited exception for a 
person who is in the act of evacuating pursuant to a mandatory evacuation order. 
 
The DACS is statutorily authorized to issue concealed weapon and concealed firearm licenses to 
applicants who qualify.
3
 For purposes of the concealed carry licensure law, concealed weapons 
or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, 
or billie but not a machine gun.
4
 
 
To obtain a concealed weapon or concealed firearm license, a person must complete, under oath, 
an application that includes: 
 The name, address, place and date of birth, race, and occupation of the applicant; 
 A full frontal view color photograph of the applicant which must be taken within the 
preceding 30 days; 
 A statement that the applicant has been furnished with a copy of ch. 790, F.S., relating to 
weapon and firearms and is knowledgeable of its provisions; 
 A warning that the application is executed under oath with penalties for falsifying or 
substituting false documents; 
                                                
1
 Unlicensed carrying a concealed weapon or electric weapon or device is a first degree misdemeanor punishable by up to 1 
year in jail and a $1,000 fine. Sections 775.082 and 775.083, F.S. 
2
 Unlicensed carrying a concealed firearm is a third degree felony punishable by up to 5 years’ imprisonment and a $5,000 
fine. Sections 775.082 and 775.083, F.S. 
3
 Section 790.06(1), F.S. 
4
 Id.  BILL: SB 150   	Page 5 
 
 A statement that the applicant desires a concealed weapon or firearm license as a means of 
lawful self-defense; 
 A full set of fingerprints; 
 Documented proof of completion of a firearm safety and training course; and 
 A nonrefundable license fee.
5
 
 
Additionally, the applicant must attest that he or she is in compliance with the criteria contained 
in subsections (2) and (3) of s. 790.06, F.S. 
 
Subsection (2) of s. 790.06, F.S., requires the DACS to issue the license to carry a concealed 
weapon or concealed firearm if all other requirements are met and the applicant: 
 Is a resident of the United States and a citizen of the United States or a permanent resident 
alien of the United States, as determined by the United States Bureau of Citizenship and 
Immigration Services, or is a consular security official of a foreign government;
6
 
 Is 21 years of age or older;
7
 
 Does not suffer from a physical infirmity which prevents the safe handling of a weapon or 
firearm; 
 Is not ineligible to possess a firearm pursuant to s. 790.23, F.S., by virtue of having been 
convicted of a felony; 
 Has not been committed for the abuse of a controlled substance or been found guilty of a 
crime under the provisions of ch. 893, F.S., or similar laws of any other state relating to 
controlled substances within a 3-year period immediately preceding the date on which the 
application is submitted; 
 Does not chronically and habitually use alcoholic beverages or other substances to the extent 
that his or her normal faculties are impaired;
8
 
 Has not been adjudicated an incapacitated person under s. 744.331, F.S., or similar laws of 
any other state, unless 5 years have elapsed since the applicant’s restoration to capacity by 
court order; 
 Has not been committed to a mental institution under ch. 394, F.S., or similar laws of any 
other state, unless the applicant produces a certificate from a licensed psychiatrist that he or 
she has not suffered from disability for at least 5 years prior to the date of submission of the 
application; 
 Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony 
or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or 
any other conditions set by the court have been fulfilled, or the record has been sealed or 
expunged; 
                                                
5
 Section 790.06(1)-(5), F.S. 
6
 Such consular security official must maintain diplomatic relations and treaties of commerce, friendship, and navigation with 
the United States and is certified as such by the foreign government and by the appropriate embassy in this country. 
7
 Pursuant to s. 790.062, F.S., the DACS must issue a license to carry a concealed weapon or concealed firearm to a 
servicemember or veteran who does not meet the 21 years of age threshold if he or she is otherwise qualified. 
8
 It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent 
that his or her normal faculties are impaired if the applicant has been committed under ch. 397, F.S., or under the provisions 
of former ch. 396, F.S., or has been convicted under s. 790.151, F.S., or has been deemed a habitual offender under 
s. 856.011(3), F.S., or has had two or more convictions under s. 316.193, F.S., or similar laws of any other state, within the 3-
year period immediately preceding the date on which the application is submitted. Section 790.06(2), F.S.  BILL: SB 150   	Page 6 
 
 Has not been issued an injunction that is currently in force and effect and that restrains the 
applicant from committing acts of domestic violence or acts of repeat violence; and 
 Is not prohibited from purchasing or possessing a firearm by any other provision of Florida 
or federal law.
9
 
 
Pursuant to s. 790.06(3), F.S., the DACS must deny the application if the applicant has been 
found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended 
for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since 
probation or any other conditions set by the court have been fulfilled or the record has been 
sealed or expunged.
10
 
 
The DACS must: 
  Revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld 
for, or had imposition of sentence suspended for one or more crimes of violence within the 
preceding 3 years.
11
 
 Upon notification by a law enforcement agency, a court, or the FDLE and subsequent written 
verification, suspend a license or the processing of an application for a license if the licensee 
or applicant is arrested or formally charged with a crime that would disqualify such person 
from having a license under this section, until final disposition of the case.
12
 
 Suspend a license or the processing of an application for a license if the licensee or applicant 
is issued an injunction that restrains the licensee or applicant from committing acts of 
domestic violence or acts of repeat violence.
13
 
 
In addition, the DACS is required to suspend or revoke a concealed weapon license or concealed 
firearm license if the licensee: 
 Is found to be ineligible under the criteria set forth in s. 790.06(2), F.S.; 
 Develops or sustains a physical infirmity which prevents the safe handling of a weapon or 
firearm; 
 Is convicted of a felony which would make the licensee ineligible to possess a firearm 
pursuant to s. 790.23, F.S.; 
 Is found guilty of a crime under the provisions of ch. 893, F.S., or similar laws of any other 
state, relating to controlled substances; 
 Is committed as a substance abuser under ch. 397, F.S., or is deemed a habitual offender 
under s. 856.011(3), F.S., or similar laws of any other state; 
 Is convicted of a second violation of s. 316.193, F.S., or a similar law of another state, within 
3 years of a previous conviction of such section, or similar law of another state, even though 
the first violation may have occurred prior to the date on which the application was 
submitted; 
 Is adjudicated an incapacitated person under s. 744.331, F.S., or similar laws of any other 
state; or 
                                                
9
 Section 790.06(2), F.S. 
10
 Section 790.06(3), F.S. 
11
 Id. 
12
 Id. 
13
 Id.  BILL: SB 150   	Page 7 
 
 Is committed to a mental institution under ch. 394, F.S., or similar laws of any other state.
14
 
 
Licensees must carry their license and valid identification any time they are in actual possession 
of a concealed weapon or concealed firearm and display both documents upon demand by a law 
enforcement officer.
15
 Failure to have proper documentation and display it upon demand is a 
noncriminal violation with a penalty of $25.
16
 
 
A concealed weapon or firearm license does not authorize a person to carry a weapon or firearm 
in a concealed manner into: 
 Any place of nuisance as defined in s. 823.05, F.S.; 
 Any police, sheriff, or highway patrol station; 
 Any detention facility, prison, or jail; 
 Any courthouse; 
 Any courtroom, except that nothing in this section would preclude a judge from carrying a 
concealed weapon or determining who will carry a concealed weapon in his or her 
courtroom; 
 Any polling place; 
 Any meeting of the governing body of a county, public school district, municipality, or 
special district; 
 Any meeting of the Legislature or a committee thereof; 
 Any school, college, or professional athletic event not related to firearms; 
 Any school administration building; 
 Any portion of an establishment licensed to dispense alcoholic beverages for consumption on 
the premises, which portion of the establishment is primarily devoted to such purpose; 
 Any elementary or secondary school facility; 
 Any career center; 
 Any college or university facility unless the licensee is a registered student, employee, or 
faculty member of such college or university and the weapon is a stun gun or nonlethal 
electric weapon or device designed solely for defensive purposes and the weapon does not 
fire a dart or projectile; 
 Inside the passenger terminal and sterile area of any airport, provided that no person shall be 
prohibited from carrying any legal firearm into the terminal, which firearm is encased for 
shipment for purposes of checking such firearm as baggage to be lawfully transported on any 
aircraft; or 
 Any place where the carrying of firearms is prohibited by federal law. 
 
A person who willfully violates any of the above-listed provisions commits a misdemeanor of 
the second degree.
17
 
 
                                                
14
 Section 790.06(10), F.S. 
15
 Section 790.06(1), F.S. 
16
 Section 790.06(1), F.S. 
17
 Section 790.06(12), F.S. A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. 
Sections 775.082 and 775.083, F.S.  BILL: SB 150   	Page 8 
 
Section 790.06(5)(b), F.S., specifies that an officer holding an active certification from the 
Criminal Justice Standards and Training Commission is exempt from the licensing requirements 
set forth in s. 790.06, F.S.
18
 
 
Concealed Carry Licensees Exempt from Firearm Purchase Waiting Period 
A person holding a valid concealed weapon or concealed firearm license is exempt from the 
mandatory three-day waiting period between the purchase of a firearm
19
 from a federally 
licensed importer, manufacturer, or dealer and the delivery of the firearm to the purchaser.
20
 
 
Reciprocity 
Section 790.015, F.S., provides for reciprocity with other states that honor Florida concealed 
weapon or concealed firearm licenses.
21
 This reciprocity allows a nonresident of Florida to carry 
a concealed weapon or concealed firearm if the nonresident: 
 Is 21 years of age or older. 
 Has in his or her immediate possession a valid license to carry a concealed weapon or 
concealed firearm issued to the nonresident in his or her state of residence. 
 Is a resident of the United States.
22
 
 
A nonresident is subject to the same laws and restrictions with respect to carrying a concealed 
weapon or concealed firearm as a resident of Florida who is so licensed. 
 
If the resident of another state who is the holder of a valid license to carry a concealed weapon or 
concealed firearm issued in another state establishes legal residence in this state the license shall 
remain in effect for 90 days following the date on which the holder of the license establishes 
legal state residence.
23
 
 
The DACS provides an up-to-date list of the states that honor Florida concealed carry licenses.
24
 
It should be noted that travel with a concealed weapon or firearm into states that do not honor 
Florida’s concealed carry licenses, or when a person does not possess a concealed carry license 
subjects the person to the laws of that state.
25
 
 
                                                
18
 See, generally, s. 943.1395, F.S., which sets forth the criteria for the certification of officers by the Criminal Justice 
Standards and Training Commission. These persons include law enforcement officers, and both part-time and auxiliary law 
enforcement officers; and correctional officers, correctional probation officers, and both part-time and auxiliary correctional 
officers. Section 790.06(5)(b), F.S. See also s. 790.052, F.S. 
19
 Section 790.001(6), F.S., defines “firearm” to mean any weapon (including a starter gun) which will, is designed to, or may 
readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm 
muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique 
firearm unless the antique firearm is used in the commission of a crime. 
20
 Section 790.065(1)(b) and 790.0655(2)(a), F.S. 
21
 Section 790.015, F.S. 
22
 These requirements do not apply to a service member as defined in s. 250.01, F.S., or to a veteran of the United States 
Armed Forces who was honorably discharged. Section 790.015(5), F.S. 
23
 Legal state residence for purposes of s. 790.015, F.S., is established by registering to vote, making a statement of domicile 
pursuant to s. 222.17, F.S., or by filing for homestead tax exemption on property in this state. Section 790.015(3), F.S. 
24
 http://www.freshfromflorida.com/content/download/7444/118465/ReciprocityList.pdf. Currently the list contains 37 
state.(last visited February 15, 2023).  
25
 Id.  BILL: SB 150   	Page 9 
 
Possession of a Firearm in a Motor Vehicle 
Section 790.25(5), F.S., specifies that it is lawful and is not a violation of s. 790.01, F.S.,
26
 for a 
person 18 years of age or older to possess a concealed firearm or other weapon for self-defense 
or other lawful purpose within the interior of a private conveyance, without a license, if the 
firearm or other weapon is securely encased or is otherwise not readily accessible for immediate 
use.
27
 A person may carry a legal firearm other than a handgun
28
 anywhere in a private 
conveyance when such firearm is being carried for a lawful use.
29
 However, carrying a concealed 
firearm or other weapon on the person in a private conveyance is not authorized.
30
 
 
Section 790.251(4)(c), F.S., states that no public or private employer
31
 shall condition 
employment upon either: 
 The fact that an employee or prospective employee holds or does not hold a license issued 
pursuant to s. 790.06, F.S.;
32
 or 
 Any agreement by an employee or a prospective employee that prohibits an employee from 
keeping a legal firearm locked inside or locked to a private motor vehicle in a parking lot 
when such firearm is kept for lawful purposes.
33
 
 
“Employee,” means any person who possesses a valid license issued pursuant to s. 790.06, 
F.S.,
34
 and: 
 Works for salary, wages, or other remuneration; 
 Is an independent contractor; or 
 Is a volunteer, intern, or other similar individual for an employer. 
 
                                                
26
 Section 790.01, F.S., generally prohibits the unlicensed carrying of a concealed weapon or concealed firearm. 
27
 “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or 
not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. 
“Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close 
proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person. Sections 
790.001(16) and (17), F.S. 
28
 A “handgun” is defined in s. 790.31(1)(c), F.S., as a firearm capable of being carried and used by one hand, such as a pistol 
or revolver. The term “handgun” is identically defined in Article 1, Section 8(b) of the Florida Constitution. 
29
 Section 790.25(5), F.S. 
30
 See s. 790.01(1) and (2), F.S.; punishable by up to 1 year in jail and a $1,000 fine as a first degree misdemeanor 
(unlicensed concealed weapon), and as a third degree felony by up to 5 years’ imprisonment and a $5,000 fine (unlicensed 
concealed firearm). Sections 775.082 and 775.083, F.S. 
31
 The term “employer” is defined as any business that is a sole proprietorship, partnership, corporation, limited liability 
company, professional association, cooperative, joint venture, trust, firm, institution, or association, or public sector entity, 
that has employees. Section 790.251(2)(d), F.S. 
32
 Section 790.06, F.S., is the section of law setting forth the DACS authority to issue licenses to carry concealed weapons or 
firearms. 
33
 Section 790.251, F.S., also contains provisions related to “customers” and “invitees.” These provisions were found 
unconstitutional in 2008 and therefore are not pertinent to SB 150. Florida Retail Federation v. Attorney General of Florida, 
576 F.Supp.2d 1281 (N.D. Fla. 2008), see also 576 F.Supp.2d 1301 (N.D. Fla. 2008). 
34
 Section 790.06, F.S., is the section of law setting forth the DACS authority to issue licenses to carry concealed weapons or 
firearms.  BILL: SB 150   	Page 10 
 
Possessing or Discharging a Weapon or Firearm on School Property 
Section 790.115(2)(a), F.S., provides that a person may not possess any firearm, electric weapon 
or device, destructive device,
35
 or other weapon,
36
 including a razor blade or box cutter, on the 
property of any school, school bus, or school bus stop unless as authorized in support of school-
sanctioned activities or at a school-sponsored event. 
 
A person may carry a firearm: 
 In a case to a firearms program, class, or function which has been approved in advance by the 
principal or chief administrative officer of the school as a program or class to which firearms 
could be carried; 
 In a case to a career center having a firearms training range; or 
 In a vehicle pursuant to s. 790.25(5), F.S., except that school districts may adopt written and 
published policies that waive the exception in this subparagraph for purposes of student and 
campus parking privileges.
37
 
 
A person commits a third degree felony when he or she, during school hours or during the time 
of a sanctioned school activity, exhibits any sword, sword cane, firearm, electric weapon or 
device, destructive device, or other weapon as defined in s. 790.001(13), F.S., including a razor 
blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned 
activities, in the presence of one or more persons in a rude, careless, angry, or threatening 
manner and not in lawful self-defense: 
 At a school-sponsored event or on the grounds or facilities of any school, school bus, or 
school bus stop; or 
 Within 1,000 feet of the real property that comprises a public or private elementary school, 
middle school, or secondary school.
38
 
 
Section 790.115(2)(b), F.S., provides that a person who willfully and knowingly possesses any 
electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), F.S., 
                                                
35
 “Firearm” is defined s. 790.001(6), F.S., as any weapon (including a starter gun) which will, is designed to, or may readily 
be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm 
muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique 
firearm unless the antique firearm is used in the commission of a crime. “Destructive device” is defined in s. 790.001(4), 
F.S., and includes any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, 
or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, 
which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage. 
An “electric weapon or device” is any device which, through the application or use of electrical current, is designed, 
redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. 
36
 “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other 
deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. Section 790.001(13), 
F.S. 
37
 Section 790.115(2)(a)1., 2., and 3., F.S. 
38
 Section 790.115(1), F.S. A felony of the third degree is punishable by up to 5 years’ imprisonment and a $5,000 fine. 
Sections 775.082 and 775.083, F.S. Subsection 790.115(1), F.S., does not apply to the exhibition of a firearm or weapon on 
private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such 
property has been authorized, licensed, or invited by the owner. “School” is defined in s. 790.115(1), F.S., as a public or 
private elementary school, middle school, or secondary school. “School” is more broadly defined in s. 790.115(2), F.S., as 
any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary 
school, whether public or nonpublic.  BILL: SB 150   	Page 11 
 
including a razor blade or box cutter, except as authorized in support of school-sanctioned 
activities in violation of s. 790.115(2), F.S., commits a felony of the third degree.
39
 
 
Section 790.115(2)(c)1., F.S., provides that a person who willfully and knowingly possesses any 
firearm in violation of  s. 790.115(2), F.S., commits a felony of the third degree.
40
 
 
A person who discharges any weapon or firearm while on the property of any school, school bus, 
or school bus stop unless discharged for lawful defense of himself or herself or another or for a 
lawful purpose, commits a felony of the second degree.
41
 
 
The above mentioned penalties do not apply to a person licensed under s. 790.06, F.S. Such 
persons are punished under s. 790.06(12), F.S., which provides that such violations constitute a 
second degree misdemeanor.
42
 However, a licenseholder who unlawfully discharges a weapon or 
firearm on school property commits a second degree felony.
43
 
 
Section 790.115, F.S., does not apply to any law enforcement officer.
44
 
 
Crimes in Pharmacies 
Section 790.145, F.S., prohibits a person from being in possession of a concealed firearm
45
 or a 
destructive device
46
 within the premises of a pharmacy as defined in ch. 465, F.S.
47
 The conduct 
prohibited under s. 790.145, F.S., is prohibited generally in other sections of the Florida 
statutes.
48
 
 
School Safety 
In 2018, the Legislature enacted the “Marjory Stoneman Douglas High School Public Safety 
Act” (Act).
49
 The legislation included provisions to address school safety and security including, 
                                                
39
 A third degree felony is punishable by up to 5 years’ imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S. 
40
 Id. 
41
 A second degree felony is punishable by up to 15 years’ imprisonment and a $10,000 fine. Sections 775.082 and 775.083, 
F.S. 
42
 A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. Sections 775.082 and 775.083, F.S. 
43
 See s. 790.115(2)(e), F.S.; A second degree felony is punishable by up to 15 years’ imprisonment and a $10,000 fine. 
Sections 775.082 and 775.083, F.S. 
44
 Law enforcement officer is defined for purposes of s. 790.115, F.S., in s. 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14), 
F.S. These persons include law enforcement officers, and both part-time and auxiliary law enforcement officers; and 
correctional officers, correctional probation officers, and both part-time and auxiliary correctional officers. 
45
 Unless he or she holds a concealed weapon or concealed firearm license or is otherwise authorized. Section 790.145(2), 
F.S. “Firearm” is defined in s. 790.001(6), F.S. 
46
 “Destructive device” is defined in s. 790.001(4), F.S. 
47
 The crime is a third degree felony punishable by up to 5 years’ incarceration and a $5,000 fine. Sections 775.082 and 
775.083, F.S. 
48
 For example, s. 790.161, F.S., prohibits a person from willfully and unlawfully making, possessing, throwing, projecting, 
placing, discharging, or attempting to make, possess, throw, project, place, or discharge any destructive device, regardless of 
location. A violation of this prohibition is punishable as a third degree felony. The owner of a pharmacy may also prohibit a 
person from carrying a firearm on his or her property regardless of whether the person has a concealed weapon or concealed 
firearm license, a violation of which is punishable as an armed trespass, a third degree felony. 
49
 Chapter 2018-3, L.O.F.  BILL: SB 150   	Page 12 
 
but not limited to, codifying within the Florida Department of Education (DOE) the Office of 
Safe Schools (OSS).
50
 
 
The Office of Safe Schools 
The OSS in the DOE serves as a central repository for best practices, training standards, and 
compliance oversight in all matters regarding school safety and security, including prevention 
efforts, intervention efforts, and emergency preparedness planning.
51
 The OSS, in part, must: 
 Establish and update as necessary a school security risk assessment tool
52
 for use by school 
districts and charter schools, and provide annual training on the proper assessment of 
physical site security and completion of the school security risk assessment tool. 
 Provide ongoing professional development opportunities to school district and charter school 
personnel. 
 Provide a coordinated and interdisciplinary approach to providing technical assistance and 
guidance to school districts on safety and security and recommendations to address findings 
identified in the school security risk assessment.
53
 
 Develop and implement a School Safety Specialist Training Program for school safety 
specialists.
54
 The office must develop the training program based on national and state best 
practices on school safety and security and must include active shooter training. A school 
safety specialist certificate of completion must be awarded to a school safety specialist who 
satisfactorily completes the training. 
 Review and provide recommendations on the security risk assessments. 
 Coordinate with the Florida Department of Law Enforcement to provide a unified search 
tool, known as the Florida School Safety Portal, to improve access to timely, complete, and 
accurate information from specified sources.
55, 56
 
 Provide data to support the evaluation of mental health services.
57
 
 Provide technical assistance to school districts and charter school governing boards for 
school environmental safety incident reporting. 
 Award grants to schools to improve the safety and security of school buildings based on the 
recommendations of the security risk assessment developed. 
                                                
50
 Section 1001.212, F.S. 
51
 Section 1001.212, F.S. See also: Florida Department of Education, Office of Safe Schools, http://www.fldoe.org/safe-
schools/ (last visited February 3, 2023). 
52
 Section 1006.1493, F.S., provides guidelines for the Florida Safe Schools Assessment Tool (FSSAT). 
53
 Section 1006.07(6)(a)4., F.S., requires a school security risk assessment at each public school using the school security risk 
assessment tool (FSSAT) developed by the Office of Safe Schools. 
54
 Section 1006.07(6)(a), F.S., requires each district school superintendent to designate a school administrator as a school 
safety specialist for the district. 
55
 Section 1001.212(6), F.S., lists the following data sources: Social media Internet posts; The Department of Children and 
Families; The Department of Law Enforcement; The Department of Juvenile Justice; The mobile suspicious activity 
reporting tool known as FortifyFL; School environmental safety incident reports collected under subsection (8); and Local 
law enforcement. 
56
 Id. Data that is exempt or confidential and exempt from public records requirements retains its exempt or confidential and 
exempt status when incorporated into the centralized integrated data repository. 
57
 Section 1001.212(7), F.S., provides such data must include, for each school, the number of involuntary examinations as 
defined in s. 394.455, F.S., which are initiated at the school, on school transportation, or at a school-sponsored activity and 
the number of children for whom an examination is initiated.  BILL: SB 150   	Page 13 
 
 Disseminate, in consultation with the FDLE, to participating schools awareness and 
education materials on the proper use of the School Safety Awareness Program, including the 
consequences of knowingly submitting false information. 
 Convene a School Hardening and Harm Mitigation Workgroup.
58
 
 Develop a standardized, statewide behavioral threat assessment instrument for use by all 
public schools, including charter schools, which addresses early identification, evaluation, 
early intervention, and student support. 
 Establish the Statewide Threat Assessment Database Workgroup.
59
 
 
Behavioral Threat Assessment Instrument 
The Legislature directed the OSS must develop a standardized, statewide behavioral threat 
assessment instrument for use by all public schools, including charter schools, which addresses 
early identification, evaluation, early intervention, and student support. Such threat assessment 
must include, but need not be limited to, components and forms that address: 
 An assessment of the threat, which includes an assessment of the student, family, and school 
and social dynamics. 
 An evaluation to determine if the threat is transient or substantive. 
 The response to a substantive threat, which includes the school response and the role of law 
enforcement agencies. 
 The response to a serious substantive threat, including mental health and law enforcement 
referrals. 
 Ongoing monitoring to assess implementation of safety strategies. 
 Training for members of threat assessment teams and school administrators regarding the use 
of the instrument.
60
 
 
In response to such direction, the OSS developed a behavioral threat assessment instrument, the 
Comprehensive School Threat Assessment Guidelines (CSTAG)
61
 to assist threat assessment 
teams in the threat assessment process. 
 
Florida Safe Schools Assessment Tool 
Florida law requires the DOE, through the OSS, to contract with a security consulting firm that 
specializes in development of risk assessment software solutions with experience in conducting 
security assessments of public facilities to develop the Florida Safe Schools Assessment Tool 
(FSSAT).
62
 The FSSAT must be the primary physical site security assessment tool used by 
                                                
58
 Section 1001.212(11), F.S. This subsection will be repealed on June 30, 2023. 
59
 Section 1001.212(13), F.S., provides that members are appointed by the DOE, to complement the work of the DOE and 
FDLE associated with the centralized integrated data repository and data analytics resources initiative and make 
recommendations regarding the development of a statewide threat assessment database. The database must allow authorized 
public school personnel to enter information related to any threat assessment conducted at their schools using a specified 
instrument, and must provide such information to authorized personnel in each school district and public school and to 
appropriate stakeholders. 
60
 Section 1001.212(12)(a), F.S. 
61
 Comprehensive School Threat Assessment Guidelines. Florida Department of Education, Memo to School District 
Superintendents and Charter School Administrators Regarding the Standardized Behavioral Threat Assessment Instrument 
(Aug. 1, 2019), available at https://info.fldoe.org/docushare/dsweb/Get/Document-8617/DPS-2019-116.pdf. (last visited 
February 15, 2023). 
62
 Section 1006.1493, F.S.  BILL: SB 150   	Page 14 
 
school officials at each school district and public school site in the state, and is intended help 
school officials identify threats, vulnerabilities, and appropriate safety controls for the schools 
that they supervise. The FSSAT is required to address, at minimum, the following components: 
 School emergency and crisis preparedness planning; 
 Security, crime and violence prevention policies and procedures; 
 Physical security measures; 
 Professional development training needs; 
 An examination of support service roles in school safety, security, and emergency planning; 
 School security and school police staffing, operational practices, and related services;  
 School-community collaboration on school safety; 
 Policies and procedures for school officials to prepare for and respond to natural and 
manmade disasters, including family reunification plans to reunite students and employees 
with their families after a school is closed or unexpectedly evacuated due to such disasters; 
and 
 Return on investment analysis of the recommended physical security controls. 
 
Each school safety specialist is required to conduct a school security risk assessment at each 
public school using the FSSAT.
63
 
 
Threat Assessment Teams 
District school boards must adopt policies for the establishment of threat assessment teams at 
each school. Such threat assessment teams must provide the coordination of resources and 
assessment and intervention with individuals whose behavior may pose a threat to the safety of 
school staff or students.
64
 
 
If a student poses a threat of violence or physical harm to himself or herself or others, a threat 
assessment team must immediately report to the superintendent (or his or her designee), who 
must immediately attempt to notify the student’s parent or legal guardian.
65
 Authorized members 
of the threat assessment team may obtain criminal history record information if a student poses a 
threat of violence or exhibits significantly disruptive behavior or need for assistance. Such 
criminal history record information may not be disclosed or used beyond the purpose for which 
such disclosure was made.
66
 Additionally, all state and local agencies and programs that provide 
services to students who experience or are at risk of an emotional disturbance or a mental illness 
may share with each other records or information that are confidential or exempt from disclosure 
under ch. 119, F.S., if the records or information are reasonably necessary to ensure access to 
appropriate services for the student to ensure the safety of the student or others.
67
 
 
If an immediate mental health or substance abuse crisis is suspected, school personnel must 
follow policies established by the threat assessment team to engage behavioral health crisis 
                                                
63
 Section 1006.07(6)(a)4., F.S. 
64
 Section 1006.07(7), F.S. These policies must be consistent with the model policies developed by the OSS and include 
procedures for referrals to mental health services identified by the school district and procedures for behavioral threat 
assessments in compliance with the instrument. 
65
 Section 1006.07(7)(b), F.S. 
66
 Section 1006.07(7)(c), F.S. 
67
 Section 1006.07(7)(e), F.S.  BILL: SB 150   	Page 15 
 
resources, which must provide emergency intervention and assessment, make recommendations, 
and refer the student for services. All such situations and actions must be reported to the threat 
assessment team, which must contact other agencies involved with the student and any known 
service providers to share information and coordinate necessary follow up actions. If the student 
is transferred to a different school, the threat assessment team must verify that any intervention 
services remain in place until the threat assessment team of the receiving school determines the 
need for intervention services.
68
 
 
Active Assailant Plan 
District school boards are required to formulate and prescribe policies and procedures for actual 
emergencies including, but not limited to, fires, natural disasters, active shooter and hostage 
situations, and bomb threats.
69
 
 
Drills for active assailant and hostage situations must be developmentally and age appropriate. 
Law enforcement officers responsible for responding to the school in the event of an active 
assailant emergency must be physically present on campus and directly involved in the execution 
of such drills. District school boards must establish emergency response and emergency 
preparedness policies and procedures that include, but are not limited to: 
 Identifying the individuals responsible for contacting the primary emergency response 
agency; and 
 The emergency response agency responsible for notifying the school district for each type of 
emergency. 
 
The State Board of Education must refer to reports published under s. 943.687, F.S., for guidance 
and, by August 1, 2023, consult with state and local constituencies to adopt rules applicable to 
the requirements which, at a minimum: 
 Define the terms “emergency drill,” “active threat,” and “after-action report.” 
 Establish minimum emergency drill policies and procedures.
70
 
 
Such rules must require all types of emergency drills to be conducted at a minimum, on an 
annual school year basis.
71
 
 
Safe-School Officers 
Florida law requires each district school board and school district superintendent to partner with 
law enforcement agencies to establish or assign one or more safe-school officers at each school 
facility within the district by implementing one or more safe-school officer options which best 
meet the needs of the school district.
72
 These options include: 
 Establishing a school resource officer program, through a cooperative agreement with law 
enforcement agencies. 
                                                
68
 Id. 
69
 Section 1006.07(4)(a), F.S. 
70
 Id. 
71
 Id. 
72
 Section 1006.12, F.S.  BILL: SB 150   	Page 16 
 
 Commissioning one or more school safety officers. The district school superintendent may 
recommend, and the district school board may appoint, one or more school safety officers. 
 Participating in the Coach Aaron Feis Guardian Program if such program is established by 
the sheriff. 
 Contracting with a security agency to employ a school security guard. 
 
Coach Aaron Feis Guardian Program 
The Coach Aaron Feis Guardian Program (guardian program) was established in 2018
73
 as an 
option for school districts to meet the safe-school officer requirements in law.
74
 Each sheriff has 
the discretion to establish a guardian program to aid in the prevention or abatement of active 
assailant incidents on school premises. A school district employee or personnel, or a charter 
school employee, may participate in the guardian program. The sheriff who chooses to establish 
a guardian program shall appoint as school guardians, without the power of arrest, school 
employees who volunteer and who comply with all of the following:
75
 
 Hold a valid license issued under s. 790.06, F.S. (license to carry a concealed firearm). 
 Complete a 144 hour training program, consisting of 12 hours of certified nationally 
recognized diversity training and 132 hours of comprehensive firearm safety and proficiency 
training conducted by Criminal Justice Standards and Training Commission-certified 
instructors, which must include: 
o Eighty hours of firearms instruction based on the Criminal Justice Standards and Training 
Commission’s Law Enforcement Academy training model, which must include at least 
10 percent but no more than 20 percent more rounds fired than associated with academy 
training. Program participants must achieve an 85 percent pass rate on the firearms 
training. 
o Sixteen hours of instruction in precision pistol. 
o Eight hours of discretionary shooting instruction using state-of-the-art simulator 
exercises. 
o Eight hours of instruction in active shooter or assailant scenarios. 
o Eight hours of instruction in defensive tactics. 
o Twelve hours of instruction in legal issues. 
 Pass a psychological evaluation administered by a psychologist licensed under ch. 490, F.S., 
and designated by the FDLE and submit the results of the evaluation to the sheriff’s office. 
The FDLE may provide the sheriff’s office with mental health and substance abuse data for 
compliance with this requirement. 
 Submit to and pass an initial drug test and subsequent random drug tests in accordance with 
the requirements of s. 112.0455, F.S., and the sheriff’s office. 
 Successfully complete ongoing training, weapon inspection, and firearm qualifications on at 
least an annual basis.
76
 
 
A sheriff must issue a school guardian certificate to individuals who meet the requirements 
specified in law.
77 
The sheriff must maintain documentation of weapon and equipment 
                                                
73
 Section 26, ch. 2018-3, L.O.F. 
74
 Section 1006.12, F.S. 
75
 Section 30.15(1)(k), F.S. 
76
 Section 30.15(1)(k), F.S. 
77
 Id.  BILL: SB 150   	Page 17 
 
inspections, as well as the training, certification, inspection, and qualification records of each 
school guardian appointed by the sheriff. An individual who is certified may serve as a school 
guardian only if he or she is appointed by the applicable school district superintendent or charter 
school principal.
78
 
III. Effect of Proposed Changes: 
Unlicensed Concealed Carry of Weapons or Firearms 
Section 790.01, F.S, is amended to provide that a person is “authorized” to carry a concealed 
weapon or concealed firearm if he or she: 
 Is licensed under s. 790.06, F.S., or 
 Is not licensed under s. 790.06, F.S., but he or she otherwise satisfies the criteria for receiving 
and maintaining such a license under s. 790.06 (2)(a)-(f) and (i)-(n), (3), and (10), F.S. 
 
See Section II. Present Situation, for the criteria for receiving and maintaining a license. 
 
The term “concealed weapon or concealed firearm” has the same meaning as in s. 790.06(1), 
F.S., as amended by the bill.
79
 
 
The bill creates s. 790.013, F.S., to provide that a person who is authorized to carry a concealed 
weapon or concealed firearm without a license is required to carry valid identification when in 
actual possession of a concealed weapon or concealed firearm. Such person must display his or 
her identification upon demand by a law enforcement officer. Additionally, the bill amends 
s. 790.06, F.S., to remove the requirement for a licensed carrier to carry his or her license to 
carry a concealed weapon or concealed firearm. Under the bill, the requirements for the carrying 
and display of identification are the same for licensed and authorized carriers. A violation of 
these provisions is a noncriminal violation, punishable by a $25 fine. 
 
Additionally, s. 790.013, F.S., provides that a person who is authorized to carry a concealed 
weapon or concealed firearm without a license is subject to s. 790.06(12), F.S., in the same 
manner as a person who is licensed to carry a concealed weapon or concealed firearm. 
 
Open Carry (Brief Open Display) 
The bill amends s. 790.053, F.S., the prohibition against openly carrying a firearm, to provide 
that it is not a violation for a person who is authorized to carry and a person who is licensed to 
carry a concealed weapon or concealed firearm, to briefly and openly display the firearm to the 
ordinary sight of another person, unless the firearm is intentionally displayed in an angry or 
threatening manner, not in necessary self-defense. 
 
Possessing or Discharging a Firearm on School Property 
The bill amends s. 790.115(2), F.S., to provide the same penalty for a person who is authorized 
to carry and a person who is licensed to carry a concealed weapon or concealed firearm, when 
                                                
78
 Id. 
79
 “Concealed weapon or concealed firearm means a handgun, electronic weapon or device, tear gas gun, knife, or billie, but 
does not include a machine gun as that term is defined in s. 790.001(9).” Section 790.06(1)(a), F.S.  BILL: SB 150   	Page 18 
 
such person willfully and knowingly possesses a weapon or firearm at a school-sponsored event 
or on the property of any school, school bus, or school bus stop. The penalty for such violation is 
a second degree misdemeanor penalty.
80
 
 
Reciprocity 
The bill amends s. 790.015, F.S., to allow a nonresident who does not have a concealed weapon 
or firearm license issued by his or her state to carry concealed in Florida if he or she satisfies 
specified criteria in s. 790.06, F.S.
81
 
 
Additionally, the bill deletes the reciprocity provision that limits recognition of other states’ 
concealed weapon or concealed firearm licenses to states that honor Florida-issued licenses.
82
 
 
Defining Handgun 
The bill amends s. 790.001, F.S., to include the term “handgun” within the definitions section of 
the current law. “Handgun” is defined as a firearm capable of being carried and used by one 
hand, such as a pistol or revolver. This definition language is stricken from s. 790.31, F.S. 
 
Firearms or Other Weapons in Motor Vehicles 
The bill amends s. 790.25, F.S., to clarify that a person may carry a concealed weapon or 
concealed firearm on his or her person while in a private conveyance if he or she is authorized to 
carry a concealed weapon or concealed firearm under s. 790.01(1), F.S. 
 
The bill repeals s. 790.145, F.S., relating to possession of a firearm or destructive device in a 
pharmacy, and makes technical or conforming changes to the following sections of the Florida 
Statutes: 27.53, 790.052, 790.06, 790.0655, 790.1612, 790.25, 790.31, 810.095, 921.0022, 
921.0024, 943.051, 943.0585, and 943.059. 
 
School Safety 
Guardians 
The bill amends s. 1002.42, F.S., to provide that a private school may partner with a law 
enforcement agency or a security agency to establish or assign one or more safe-school officers. 
The private school that establishes a safe-school officer must comply with the requirements of 
s. 1006.12, F.S. 
 
The bill amends s. 30.15, F.S., to add private schools to the entities that may request the sheriff 
in the school’s county to establish a guardian program for the purpose of training the private 
school employees. Currently, only public and charter schools may establish guardian programs. 
 
If the county sheriff denies such request, the private school may contract with a sheriff from 
another county, and notify the sheriff in the private school’s county of the contract. The private 
                                                
80
 A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. Sections 775.082 and 775.083, F.S. 
81
 Section 790.06 (2)(a)-(f) and (i)-(n), F.S.; and see subsections (3), and (10), F.S., relating to reasons a person’s license 
could be suspended or revoked. 
82
 Section 790.015(4), F.S.  BILL: SB 150   	Page 19 
 
school is responsible for all training costs for such program. The sheriff providing such training 
must ensure that any monies paid by the private school are not comingled with any funds 
provided by the state to the sheriff as reimbursement for training related costs of any school 
district or charter school employee. 
 
The training required for the guardian program is a standardized statewide curriculum. A school 
guardian who has completed the required training program may not be required to attend another 
sheriff’s training program unless there has been at least a one year break in his or her 
employment as a guardian. 
 
The bill further amends s. 30.15, F.S., to increase the hours of instruction on active shooter or 
assailant scenarios to sixteen, rather than eight. Additionally, the number of hours of instruction 
on legal issues is decreased from twelve, to four. 
 
A person who is certified may serve as a school guardian for a private school only if he or she is 
appointed by the private school head of school. 
 
Active Assailant Response Policy 
The bill creates s. 943.6873, F.S., to direct each law enforcement agency to create and maintain 
an active assailant response policy. 
 
The FDLE must make the model active assailant response policy developed by the Marjory 
Stoneman Douglas High School Public Safety Commission available on its website. The FDLE 
may make available any other policies deemed appropriate. 
 
Each agency must review the model policy and develop a written active assailant response policy 
that is consistent with the agency’s response capabilities and includes response procedures 
specifying the command protocol and coordination with other law enforcement agencies. 
 
All sworn personnel of each agency must be trained on the agency’s existing active assailant 
response policy, or must be trained within 180 days after enacting a new or revised policy. 
Sworn personnel must receive at minimum annual training on the policy. 
 
By October 1, 2023, each agency must provide written certification to the FDLE verifying the 
agency has adopted a written active assailant response policy. 
 
By January 1, 2024, the FDLE must submit a report to the Governor, the President of the Senate, 
and the Speaker of the House of Representatives identifying agencies that have not complied 
with these requirements. 
 
Office of Safe Schools 
The bill amends s. 1001.212, F.S., relating to the Office of Safe Schools (OSS). The bill provides 
that the OSS must develop a statewide behavioral threat management operational process, a 
Florida-specific behavioral threat assessment instrument, and a threat management portal.  BILL: SB 150   	Page 20 
 
 By December 1, 2023, the OSS must develop a statewide behavioral threat management 
operational process, which must be designed to identify, assess, manage, and monitor 
potential and real threats to schools. 
o Upon availability, each school district, school, charter school governing board, and 
charter school must use the statewide behavioral threat management operational process. 
o The OSS must provide training to all school districts, schools, charter school governing 
boards, and charter schools on the statewide behavioral threat management operational 
process. 
o The OSS must coordinate the ongoing development, implementation, and operation of 
the statewide behavioral threat management operational process. 
 By August 1, 2023, the OSS must develop a Florida-specific behavioral threat assessment 
instrument to evaluate the behavior of students who may pose a threat to the school, staff, or 
students and to coordinate intervention and services for such students. 
o A report, all corresponding documentation, and any other information required by the 
instrument in the threat management portal is an education record and may not be 
retained, maintained, or transferred, except in accordance with State Board of Education 
rule. 
o Upon availability, each school district, school, charter school governing board, and 
charter school must use the Florida-specific behavioral threat assessment instrument. 
 By August 1, 2025, the OSS must develop, host, maintain, and administer a threat 
management portal that will digitize the Florida-specific behavioral threat assessment 
instrument for use by each school district, school, charter school governing board, and 
charter school. The portal will also facilitate the electronic threat assessment reporting and 
documentation. The bill requires the portal to have numerous functionalities. 
o Upon availability, each school district, school, charter school governing board, and 
charter school must use the portal. 
o A report, all corresponding documentation, and any other information required by the 
instrument in the threat management portal is an education record and may not be 
retained, maintained, or transferred, except in accordance with State Board of Education 
rule. 
o The OSS and OSS system administrators may not have access to certain reports, 
documentation, and information contained in the portal. 
o A school district or charter school governing board may not have access to certain 
records in the portal, except in accordance with rule. 
o The parent of a student may access his or her student’s education records in the portal, 
but may not have access to the portal. 
o The OSS must develop and implement a quarterly portal access review audit process. 
o Upon availability, each school district, school charter school governing board, and charter 
school must comply with the quarterly portal access review audit process. 
o By August 1, 2025, the OSS must provide role-based training to all authorized school 
district and charter school governing board personnel before granting access to the portal. 
o By August 1 of each year, the office must provide role-based training to all authorized 
school district, school, charter school governing board, and charter school personal. 
o Any individual who accesses, uses, or releases any education record contained in the 
portal for a purpose not specifically authorized by law commits a noncriminal infraction, 
punishable by a fine not exceeding $2,000. 
  BILL: SB 150   	Page 21 
 
The bill provides that the State Board of Education may, and all conditions are deemed met, to 
adopt emergency rules pursuant to s. 120.54(4), F.S., to administer the amendments made to 
s. 1001.212(12), F.S. 
 
The bill amends s. 1003.25, F.S., to specify that records including corresponding documentation 
and any other information required by the Florida-specific behavioral threat assessment 
instrument which contains the evaluation, intervention, and management of the threat assessment 
evaluation and intervention services, must be transferred within 3 school days if a student 
transfers from school to school. 
 
The bill amends s. 1006.07, F.S., that all threat management teams must use the statewide 
behavioral threat management operational process upon its availability. 
 
Additionally, the bill specifies that at least one instructional or administrative personnel who is 
personally familiar with the individual who is the subject of the threat assessment must be on the 
threat management team. 
 
The Florida-specific behavioral threat assessment must be used by the threat management team 
when evaluating the behavior of students. The threat management team must prepare a threat 
assessment report. 
 
The bill provides that the State Board of Education may, and all conditions are deemed met, to 
adopt emergency rules pursuant to s. 120.54(4), F.S., for the purpose of implementing this 
subsection. 
 
The bill amends s. 1006.13, F.S., to specify that each district school board must adopt a policy of 
zero tolerance that, in part, identifies acts that are required to be reported under the school 
environmental safety incident reporting pursuant to s. 1006.07(9), F.S. 
 
Florida Safe Schools Canine Program 
The bill creates s. 1006.121, F.S., to direct the Department of Education (DOE), through the 
OSS, to establish the Florida Safe Schools Canine Program. This program may designate a 
person, school, or business entity as a Florida Safe Schools Canine Partner if the person, school, 
or business entity provides a monetary or in kind donation to a law enforcement agency to 
purchase, train, or care for a firearm detection canine. 
 
The OSS must consult with the Florida Police Chiefs Association and the Florida Sheriffs 
Association in creating the program. 
 
The bill defines “firearm detection canine” to mean any canine that is owned or the service of 
which is employed by a law enforcement agency for use in k-12 schools for the primary purpose 
of aiding in the detection of firearms and ammunition. 
 
A firearm detection canine must be trained to interact with children and must complete behavior 
and temperament training. Such canine may also be trained as an animal-assisted therapy canine. 
  BILL: SB 150   	Page 22 
 
The bill provides eligibility requirements and a nomination or application process to be 
designated as a Florida Safe Schools Canine Partner. 
 
The bill further provides that the OSS must develop a logo and establish a page on the DOE’s 
website for the Florida Safe Schools Canine Program. 
 
The bill provides that the State Board of Education must adopt rules to administer this section. 
 
The bill becomes effective July 1, 2023, except as otherwise expressly provided in the act. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The bill may have an indeterminate fiscal impact on the DACS and the FDLE. It is 
unclear what financial impact the bill may have on these agencies because it is not 
possible to quantify the number of people who will elect not to obtain or renew their 
concealed weapon or concealed firearm licenses. Depending upon the number, the DACS 
may experience a smaller workload related to the licensure program while the Florida  BILL: SB 150   	Page 23 
 
Department of Law Enforcement will likely experience an equivalent workload decrease 
due to fewer background checks being provided to the DACS to facilitate the licensure 
program. This may result in lower revenues due to a decrease in fees collected, however 
this loss in revenue may be offset by the decrease in workload. 
 
The bill provides for: 
  $1.5 million in recurring funds from the General Revenue Fund to be appropriated to 
the FDLE to implement a grant program for local law enforcement agencies to 
provide firearm safety training. The bill requires the FDLE to develop a process and 
guidelines for the distribution of funds, and requires local law enforcement agencies 
who receive the grants to report on the use of such funds. 
 $1,207,321 in recurring funds and $70,525 in nonrecurring funds from the General 
Revenue Fund to be appropriated to the DOE to fund new and existing positions and 
additional workload expenses within the OSS. 
 $400,000 in recurring funds from the General Revenue Fund to be appropriated to the 
DOE to fund the OSS to update the existing school safety training infrastructure. 
 $5 million in recurring funds and $7 million in nonrecurring funds from the General 
Revenue Fund to be appropriated to the DOE to competitively procure for the 
development or acquisition of a cloud-based secure statewide information sharing 
system that meets the requirements of the threat management portal. 
 $1.5 million in recurring funds and $1.5 million in nonrecurring funds from the 
General Revenue Fund to be appropriated to the DOE for the development of 
acquisition of a cloud based secure School Environmental Safety Incident Reporting 
(SESIR) system. 
 $42 million in nonrecurring funds from the General Revenue Fund to be appropriated 
to the DOE for school hardening grant programs to improve the physical security of 
school buildings. 
o By December 31, 2023, school districts and charter schools receiving school 
hardening grant program funds must report to the DOE the total estimated costs of 
their unmet school campus hardening needs as identify by the Florida Safe 
Schools Assessment Tool (FSSAT). 
o Funds may be used only for capital expenditures and must be allocated initially 
based on each districts capital outlay full time equivalent (FTE) and charter 
school FTE. No district will be allocated less than $42,000. 
o Funds must be provided based on a district’s application, which must be 
submitted by February 1, 2024. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None.  BILL: SB 150   	Page 24 
 
VIII. Statutes Affected: 
27.53, 30.15, 768.28, 790.001, 790.01, 790.013, 790.015, 790.052, 790.053, 790.06, 790.0655, 
790.115, 790.145, 790.25, 790.251, 790.31, 943.6873, 1001.212, 1002.42, 1003.25, 1006.07, 
1006.121, 1006.13, 790.1612, 810.095, 921.0022, 921.0024, 943.051, 943.0585, 943.059, 
985.11, 1002.33   
This bill substantially amends the following sections of the Florida Statutes: 27.53, 30.15, 
768.28, 790.001, 790.01, 790.015, 790.052, 790.053, 790.06, 790.0655, 790.115, 790.25, 
790.251, 790.31, 1001.212, 1002.42, 1003.25, 1006.07, 1006.13, 790.1612, 810.095, 921.0022, 
921.0024, 943.051, 943.0585, 943.059, 985.11, and 1002.33. 
 
This bill creates the following sections of the Florida Statutes: 790.013, 943.6873, and 1006.121. 
 
This bill repeals section 790.145 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.