Florida 2023 2023 Regular Session

Florida Senate Bill S0150 Analysis / Analysis

Filed 03/10/2023

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: CS/SB 150
INTRODUCER: Fiscal Policy Committee and Senator Collins and others
SUBJECT: Public Safety
DATE: March 10, 2023

ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Favorable
2. Cellon Yeatman FP Fav/CS

Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes

I. Summary:
CS/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.

The bill further amends s. 790.01, F.S., by inserting subsection (4) to provide that in any
prosecution for a violation of s. 790.01(2) or (3), F.S., the state bears the burden of proving, as an
element of the offense, both that a person is not licensed under s. 790.06, F.S., and that he or she
is ineligible to receive and maintain such a license under the criteria listed in 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.

REVISED: BILL: CS/SB 150 Page 2

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.
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.
BILL: CS/SB 150 Page 3

School Safety
Guardians
CS/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.

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.

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 member of the threat management team must be
personally familiar with the individual who is the subject of the threat assessment. If no member
of the team has such familiarity, an instructional or administrative personnel who is personally
familiar with the individual who is the subject of the threat assessment must consult with the
threat management team but not be a participant in the decision-making process.

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 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.

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. BILL: CS/SB 150 Page 5

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;
 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;

3
Section 790.06(1), F.S.
4
Id.
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. BILL: CS/SB 150 Page 6

 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;
 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

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.
9
Section 790.06(2), F.S.
10
Section 790.06(3), F.S.
11
Id.
12
Id.
13
Id. BILL: CS/SB 150 Page 7

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
 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;

14
Section 790.06(10), F.S.
15
Section 790.06(1), F.S.
16
Section 790.06(1), F.S. BILL: CS/SB 150 Page 8

 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

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

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.
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. BILL: CS/SB 150 Page 9

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

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

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.
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. BILL: CS/SB 150 Page 10

 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.

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

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.
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. BILL: CS/SB 150 Page 11

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.,
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

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.
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. BILL: CS/SB 150 Page 12

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,
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

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.
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. BILL: CS/SB 150 Page 13

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.
 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.

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.
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. BILL: CS/SB 150 Page 14

 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
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

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.
63
Section 1006.07(6)(a)4., F.S. BILL: CS/SB 150 Page 15

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
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.

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.
68
Id.
69
Section 1006.07(4)(a), F.S. BILL: CS/SB 150 Page 16

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.
 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

70
Id.
71
Id.
72
Section 1006.12, F.S.
73
Section 26, ch. 2018-3, L.O.F.
74
Section 1006.12, F.S.
75
Section 30.15(1)(k), F.S. BILL: CS/SB 150 Page 17

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
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.

76
Section 30.15(1)(k), F.S.
77
Id.
78
Id. BILL: CS/SB 150 Page 18

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

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
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

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.
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: CS/SB 150 Page 19

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.

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
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.

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.
BILL: CS/SB 150 Page 20

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.

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.
 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. BILL: CS/SB 150 Page 21

 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 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.

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. 1006.07, F.S., that all threat management teams must use the statewide
behavioral threat management operational process upon its availability.

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 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.

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. BILL: CS/SB 150 Page 23

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
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. BILL: CS/SB 150 Page 24

 $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.
VIII. Statutes Affected:
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. BILL: CS/SB 150 Page 25

IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Fiscal Policy on March 9, 2023:
The committee substitute:
 Amends s. 790.01, F.S., by inserting subsection (4) to provide that in any prosecution
for a violation of s. 790.01(2) or (3), F.S., the state bears the burden of proving, as an
element of the offense, both that a person is not licensed under s. 790.06, F.S., and
that he or she is ineligible to receive and maintain such a license under the criteria
listed in s. 790.06(2)(a)-(f) and (i)-(n), (3) and (10), F.S.
 Amends s. 1006.07(7), F.S., to provide that an instructional or administrative
personnel who is personally familiar with the individual who is the subject of a threat
assessment must consult with the threat management team under certain
circumstances, but not be a participant in the decision-making process.
 Makes numerous technical and conforming changes to make the bill mirror the House
Bill.
 Removes duplicative language requiring the Office of Safe Schools to provide role
based training to all authorized school district and charter school personnel before
granting access to the portal.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.