This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1473z.DOCX
DATE: 3/14/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 1473 School Safety
SPONSOR(S): Education & Employment Committee and Judiciary Committee, Trabulsy and others
TIED BILLS: CS/CS/HB 1509 IDEN./SIM. BILLS: CS/SB 1356
FINAL HOUSE FLOOR ACTION: 112 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/HB 1473 passed the House on February 22, 2024. The bill was amended in the Senate on March 4,
2024, and returned to the House. The House concurred in the Senate amendment and subsequently passed
the bill, as amended, on March 7, 2024.
The bill amends s. 30.15, F.S., to clarify that a private school participating in the guardian program is
responsible for all costs related to background screening and training, however the bill authorizes the sheriff
providing training and certification to waive such costs. The bill provides that an individual certified by, and in
good standing with, the Criminal Justice Standards and Training Commission is exempt from the required
school guardian training. The bill requires specified information related to individuals certified as school
guardians and serving as school guardians in school districts, charter schools, and private schools to be
reported to the Florida Department of Law Enforcement (FDLE).
The bill amends s. 1006.07, F.S., to establish new perimeter and door safety requirements that school districts
and charter school governing boards must comply with by August 1, 2024. These requirements include
keeping routes of ingress and egress securely closed and locked when students are on campus and requiring
that these routes be actively staffed when open or unlocked, unless a specific exception applies. The bill
requires each school district to develop a progressive discipline policy for instructional and administrative
personal who knowingly violate school safety requirements.
The bill amends s. 1001.212, F.S., to require the Office of Safe Schools (OSS), by August 1, 2024, to develop
and adopt a Florida school safety compliance inspection report to document compliance with Florida school
safety requirements during triennial unannounced inspections of all public schools. The bill requires the OSS,
by December 1, 2024, to evaluate the distribution methodology for the Safe Schools Allocation and, if
necessary, make recommendations for an alternate methodology to distribute the remaining balance of the
Safe Schools Allocation.
The bill amends s. 985.04, F.S., to require a superintendent to inform the postsecondary institution where a
student takes dual enrollment courses of any alleged delinquent acts by the student within one business day of
receiving the initial notification from law enforcement.
The bill amends s. 330.41, F.S., to prohibit a person from operating a drone over a public or private school
serving students in any grade from voluntary prekindergarten through grade 12, unless the person was granted
permission by school personnel or the drone is operated by a law enforcement agency.
The bill creates, subject to appropriation, a grant program to support private schools’ school safety efforts.
Under the program, the FDLE shall provide grants to sheriff's offices and law enforcement agencies to conduct
physical site security assessments for and provide reports to private schools with recommendations on
improving such schools' infrastructure safety and security.
The bill may have an indeterminate fiscal impact on state and local governments. See Fiscal Comments.
Subject to the Governor’s veto powers, the effective date of the bill is July 1, 2024.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
In February 2018, a 19-year old gunman killed 14 students and three staff members at Marjory
Stoneman Douglas High School in Parkland, Florida.
1
The staff members killed were athletic director
Chris Hixon, assistant football coach Aaron Feis, and teacher and cross-country coach Scott Beigel.
2
The incident of mass violence was preceded by multiple, repeated interactions between the shooter
and law enforcement agencies, social services agencies, and schools over many years. This history
was characterized by a lack of communication and coordination, preventing these many entities from
understanding the whole problem and acting to prevent the mass violence incident.
In response, the Legislature created the Marjory Stoneman Douglas High School Public Safety
Commission (Commission) within the Florida Department of Law Enforcement (FDLE).
3
The
Commission is composed of 16 voting members and four nonvoting members. The Governor appointed
five voting members to the Commission, including the chair, and the President of the Senate and
Speaker of the House of Representatives each appointed five voting members to the Commission. The
Secretary of the Department of Children and Families, the Secretary of the Department of Juvenile
Justice, the Secretary of the Agency for Health Care Administration, and the Commissioner of
Education serve as ex officio, non-voting members of the Commission.
4
The Commission meets as
necessary to conduct its work at the call of the chair at designated times and locations throughout the
state.
The Commission published an initial report on its findings and recommendations on January 2, 2019.
Many of the recommendations were adopted during the 2019 Legislative Session. The Commission
issued its second report on November 1, 2019, and may issue reports annually until it sunsets.
5
In 2022, the Legislature extended the sunset of the Commission until July 1, 2026, and substantially
amended the responsibilities of the Commission.
6
The Commission must monitor the implementation of
school safety legislation by:
Evaluating the activities of the Office of Safe Schools (OSS) to provide guidance to school
districts, identifying areas of noncompliance and mechanisms used to achieve compliance.
Reviewing the findings of the Auditor General regarding district school safety policies and
procedures needing improvement to ensure and demonstrate compliance with state law.
Reviewing school hardening grant expenditures and evaluating such expenditures based on the
report of the School Hardening and Harm Mitigation Workgroup, recommendations of law
enforcement agencies based on school campus tours and the required return on investment
analysis component of the Florida Safe Schools Assessment Tool (FSSAT).
Evaluating the utilization of the centralized integrated data repository by schools and its
effectiveness in conducting threat assessments.
Assessing efforts by local governments to improve communication and coordination among
regional emergency communications systems.
Investigating any failures in incident responses by local law enforcement agencies and school
resource officers.
Investigating any failures in interactions with perpetrators preceding incidents of violence.
7
1
Tonya Alanez, David Fleshler, Stephen Hobbs, Lisa J. Huriash, Paula McMahon, Megan O’Matz and Scott Travis, Unprepared and
Overwhelmed, South Florida Sun-Sentinel (Dec 28, 2018), https://projects.sun-sentinel.com/2018/sfl-parkland-school-shooting-critical-
moments/ (last visited Mar. 14, 2024).
2
Id.
3
S. 943.687, F.S.
4
Id.
5
Id.
6
Id.
7
Id.
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School Safety Oversight and Compliance
Background
Florida’s Commissioner of Education (commissioner) oversees compliance with school safety and
security requirements by school districts, district school superintendents, and public schools, including
charter schools.
8
The commissioner must facilitate compliance to the maximum extent provided under
law, identify incidents of noncompliance, and impose or recommend enforcement and sanctioning
actions to the State Board of Education (SBE), the Governor, or the Legislature.
9
The Office of Safe Schools (OSS) is fully accountable to the commissioner and 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.
10
The OSS responsibilities include, among other duties, collecting School
Environmental Safety Incident Reporting (SESIR) data, providing a School Safety Specialist Training
Program, evaluating usage of the standardized, statewide behavioral threat assessment instrument,
monitoring compliance with requirements relating to school safety, and reporting incidents of
noncompliance to the commissioner and the SBE.
11
District school boards and superintendents each have responsibilities related to school safety and
security. District school superintendents must designate a school safety specialist who is responsible
for the supervision and oversight for all school safety and security personnel, policies, and procedures
in the school district, including conducting and reporting the recommendations from the annual school
security risk assessment at each public school using the Florida Safe Schools Assessment Tool
(FSSAT).
12
District school boards must adopt policies that guide many aspects of school safety
including the establishment of threat management teams (TMT) and emergency procedures and
emergency preparation drills. TMTs assess and provide intervention recommendations for individuals
whose behavior may pose a threat to the safety of school staff or students.
13
TMT members must
include individuals with expertise in counseling, instruction, school administration, and law
enforcement.
14
To conduct its work, a TMT must use the standardized, statewide behavioral threat
assessment instrument developed by the OSS
15
and may use the Florida Schools Safety Portal (FSSP)
until the OSS operationalizes the statewide threat management portal, which must be in place by
August 1, 2025.
16
Emergency drills and procedures are guided by district school boards’ policies and procedures, which
are formulated in consultation with the appropriate public safety agencies. These policies apply to all
students and faculty at all K-12 public schools. Emergencies include fires, natural disasters, active
shooter and hostage situations, and bomb threats.
17
Drills for active shooter and hostage situations
must be conducted in accordance with developmentally appropriate and age-appropriate procedures at
least as often as other emergency drills.
18
The active shooter situation training for each school must
engage the participation of the district school safety specialist, the TMT members, faculty, staff, and
students, and must be conducted by the law enforcement agency or agencies designated as first
responders to the school’s campus.
19
8
S. 1001.11(9), F.S.
9
Id.
10
S. 1001.212, F.S.
11
Id.
12
Id.
13
S. 1006.07(7), F.S.
14
S. 1006.07(7)(a), F.S.
15
Id.
16
S. 1006.07(7)(f), F.S.; S. 1001.212(12)(c), F.S.
17
S. 1006.07(4)(a), F.S.
18
Id.
19
S. 1006.07(4)(b)1., F.S.
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In 2020, the Legislature passed HB 23, requiring all public and charter schools to have a mobile panic
alert system.
20
Known as Alyssa’s Law, the bill is named for Alyssa Alhadeff, a Marjory Stoneman
Douglas High School student who was one of the 17 people killed during the shooting. The legislation
required the DOE to procure a statewide, mobile panic alert system for school districts to facilitate an
integrated Enhanced 911 transmission or mobile activation during emergencies on public school
campuses. The DOE completed the procurement and selected 11 vendors from which school districts
may choose to satisfy this requirement.
21
In 2021, the Legislature clarified that school districts were required to conduct active assailant drills but
may provide accommodations for emergency drills conducted by exceptional student education
centers.
22
In 2022, to provide more statewide uniformity in emergency drills at Florida’s schools, the Legislature
required the SBE to adopt rules governing emergency drills by August 1, 2023, and required such rules
be based on recommendations from the Commission and in consultation with state and local
constituencies. The rules must require all types of emergency drills be conducted at least once per
school year. Additionally, the rules must define “emergency drill,” “active threat,” and “after-action
report” and provide minimum requirements for school district emergency drill policies and procedures
by incident type, school level, school type, and student and school characteristics, including timing,
frequency, participation, training, notification, accommodations, and response to threat situations.
23
Additionally, law enforcement responsible for responding to schools in the event of an active assailant
emergency must be physically present and participate in active assailant emergency drills. School
districts must provide notice to the law enforcement officers required to be present at such drills at least
24 hours before the drill.
24
Public Access to Public School Facilities
Florida law broadly authorizes district school boards and the boards of trustees of Florida College
System institutions, state universities, and the Florida School for the Deaf and the Blind to allow the
public access to educational facilities and grounds for any legal assembly, as a community use center,
or a polling location.
25
Additionally, each county and municipality located within the geographic area of
a school district is required to enter into an interlocal agreement with the district school board to
coordinate their respective growth and development plans and processes. Among other things, the
interlocal agreement must include a process for determining where and how the school boards and
local governments can share facilities for mutual benefit and efficiency.
26
Some district school boards
currently authorize, through their interlocal agreements, public access to sports and recreational
facilities on school campuses. The specific details related to such access, such as the hours the facility
will be open and which party is liable for any damages or injuries sustained on the property, are
contained in a separate “joint-use” agreement.
27
District school boards are not limited to partnering with governmental entities in joint-use agreements. If
authorized by the school board’s interlocal agreements, school boards may establish joint-use
agreements with private entities. For example, in 2003, a Best Financial Management Practices Review
of the Duval County School District indicated that the school district had established 47 joint-use
20
Ch. 2020-145, Laws of Fla.
21
Florida Department of Education, Alyssa’s Alert, https://www.fldoe.org/safe-schools/alyssas-alert.stml (last visited Mar. 14, 2024).
22
Ch. 2021-176, Laws of Fla.
23
S. 1006.07(4), F.S.
24
Id.
25
S. 1013.10, F.S.; see also s. 1013.01(3), F.S. (defines “Board”).
26
Ss. 163.31777(1) and (2)(g) and 1013.33(2) F.S.
27
See, e.g., Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the Mututal Use
of Recreational Facilities, https://www2.palmbeachschools.org/Attachments/020061026171511!RE-5%20Interlocal%20Agreement%20-
%20Mutual%20Use%20of% 20Recreational%20Facilities.pdf (last visited Mar. 14, 2024).
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agreements with the City of Jacksonville, the YMCA and various community groups for the use of
school facilities.
28
Effect of the Bill – School Safety Oversight and Compliance
Perimeter and Door Security Measures
The bill amends s. 1006.07, F.S., to establish new perimeter and door safety requirements that school
districts and charter school governing boards must comply with by August 1, 2024. The bill requires
compliance with the following:
All gates or other access points that restrict ingress to or egress from a school campus must
remain closed and locked when students are on campus. A gate or access point may not be
open or unlocked, regardless of whether it is during normal school hours, unless:
o The gate or acces point is attended or actively staffed by a person when students are on
campus;
o The use of the school campus is in accordance with a shared use agreement under s.
1013.101, F.S.; or
o The school safety specialist, or his or her designee, has documented in the Florida Safe
Schools Assessment Tool portal maintained by the Office of Safe Schools that the gate
or access point is not subject to this requirement based upon other safety measures at
the school.
All school classrooms and other instructional spaces must be locked to prevent ingress when
occupied by students, except between class periods when students are moving between
classrooms or other instructional spaces.
All campus access doors, gates, and other access points that allow ingress to or egress from a
school building shall remain closed and locked at all times to prevent ingress, unless a person is
actively entering or exiting the door, gate, or other access point. The school safety specialist, or
his or her designee, may document in the Florida Safe Schools Assessment Tool portal
maintained by the OSS that the gate or other access point is not subject to this requirement
based upon other safety measures at the school. The OSS may conduct a compliance visit to
review if such determination is appropriate. All campus access doors, gates, and other access
points may be electronically or manually controlled by school personnel to allow access by
authorized visitors, students, and school personnel.
In relation to the locking of doors and access points, the bill requires that any time a door or access
point is left open or unlocked it must be actively staffed by a person standing or seated at the door,
except where a school safety specialist has determined and documented in the Florida Safe Schools
Assessment Tool portal that these requirements do not apply.
Additionally, the bill requires that all school classrooms and other instructional spaces must clearly and
conspicuously mark the safest areas in each classroom or other instructional space where students
must shelter in place during an emergency. Students must be notified of these safe areas within the
first 10 days of the school year. If it is not feasible to clearly and conspicuously mark the safest areas in
a classroom or other instructional space, the school safety specialist, or his or her designee, must
document such determination in in the Florida Safe Schools Assessment Tool portal identifying where
affected students must shelter in place. The OSS shall conduct a compliance inspection of this
requirement during each triennial inspection.
The bill requires any person who becomes aware of a violation of these requirements to report the
violation to the school principal. The school principal must report the violation to the school safety
specialist no later than the next business day after receiving such report. If the school principal or
28
Office of Program Policy Analysis and Government Accountability, Best Financial Management Practices Review of the Duval County
School District, http://www.oppaga.state.fl.us/Summary.aspx?reportNum=03-41 (last visited Mar. 14, 2024).
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charter school administrator allegedly violated these requirements, then the report must be made
directly to the district school superintendent or charter school governing board, as applicable.
The bill requires that the OSS refer any instructional or administrative personnel that knowingly violated
the perimeter and door safety requirements to the district school superintendent or charter school
administrator for disciplinary action. The superintendent or charter school administrator must notify the
OSS of the outcome of the disciplinary proceeding within three school days of the conclusion of the
proceedings.
The bill requires each district school board and charter school governing board to adopt a progressive
discipline policy for addressing any instructional personnel and any administrative personnel who
knowingly violate school safety requirements.
The bill requires that the OSS annually notify all administrative and instructional personnel by electronic
mail of the perimeter and door safety requirements.
Unannounced School Inspections
The bill amends s. 1001.212, F.S., to require the OSS, by August 1, 2024, to develop and adopt a
Florida school safety compliance inspection report to document compliance with Florida school safety
requirements. The OSS must provide school district superintendents and charter school administrators
with a blank copy of the adopted report.
The bill requires that the OSS triennially conduct unannounced inspections of all public schools,
including charter schools, using the safety compliance inspection report. Within three school days of the
inspection, the OSS must provide a copy of the completed report to the school safety specialist, the
school principal or charter school administrator, and the superintendent. The school safety specialist or
charter school administrator must acknowledge receipt of the report within one school day. If the OSS
finds any instance of noncompliance with Florida’s school safety laws, the bill requires that a
reinspection of the school occur within six months.
Upon a finding of noncompliance with the perimeter and door safety requirements, the bill requires a
school safety specialist or charter school administrator to notify the OSS within three school days of
receipt of the report how the noncompliance will be remedied.
In addition to the unannounced inspections, the OSS must provide quarterly reports to each district
superintendent and school safety specialist identifying the number and percentage of school inspected
or re-inspected during the quarter and the number and percentage of schools that had no safety
deficiencies.
The bill requires the school safety specialist to present the quarterly OSS report to the district school
board in a public meeting. Additionally, during the first quarter of every school year, the school safety
specialist shall report to the district school board the number of schools inspected during the preceding
calendar year and the number and percentage of schools in compliance with school safety laws during
the initial inspection and reinspection.
The bill amend s. 1006.07, F.S., to require the school safety specialist, or his or her designee, to
conduct annual unannounced inspections, using the form adopted by the OSS, of all public schools,
including charter schools, while school is in session and investigate reports of noncompliance with
school safety requirements.
The bill creates a bonus program for school principals and charter school administrators that provides a
bonus, as set forth in the General Appropriations Act, if, after the initial unannounced inspection during
each triennial period, the OSS report reflects full compliance with Florida’s school safety laws.
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Emergency Drills
The bill amends s. 1006.07, F.S., to require each public school to maintain a record that is accessible
on each campus or by request of the OSS of all emergency drills conducted, including the names of law
enforcement personnel present on campus for each active assailant emergency drill.
School Safety Specialist Duties
The bill also amends s. 1006.07, F.S., to improve the communication between the school safety
specialist and the district superintendent by requiring the school safety specialist to report to the district
school superintendent and school board, at least on a quarterly basis, any noncompliance by the
school district with laws or rules relating to school safety. In addition, the bill requires the school safety
specialist to report any violations of the perimeter and door safety requirements by administrative
personnel or instructional personnel to the district school superintendent or charter school
administrator, and to the OSS.
Safe-school Officers
Background
District school boards and school district superintendents are required to partner with law enforcement
or security agencies to establish or assign one or more safe-school officers at each school facility within
the district, including charter schools. To assist charter schools with fulfilling this requirement, a district
school board must collaborate with charter school governing boards to facilitate charter school access
to all safe-school officer options.
29
A safe-school officer may be a school resource officer, school safety officer, school guardian, or a
school security guard. A school district may implement any combination of the following options based
upon the needs of the school district and may:
30
School Resource Officer: Establish a school resource officer program through a cooperative
agreement with law enforcement agencies. A school resource officer is a certified law
enforcement officer
31
who is employed by a law enforcement agency and is required to undergo
criminal background checks, drug testing, and a psychological evaluation.
32
School resource
officers abide by school board policies and consult with and coordinate activities through the
school principal. They are responsible to the law enforcement agency in all matters relating to
employment, subject to agreements between a school board and a law enforcement agency.
Activities conducted by the school resource officer, which are part of the regular instructional
program of the school, are under the principal's direction.
33
School Safety Officer: Commission one or more school safety officers as recommended by the
district school superintendent and appointed by the district school board. A school safety officer
is a certified law enforcement officer who may be employed by a district school board or law
enforcement agency and is required to undergo criminal background checks, drug testing, and a
psychological evaluation. A school safety officer has and must exercise the power to make
arrests for violations of law on school board property or on property owned or leased by a
charter school under a charter contract. The officer may also make arrests off school board
property if the law violation occurred on such property and may carry weapons when performing
his or her official duties. A school safety officer’s salary may be paid jointly by the school board
and the law enforcement agency, as mutually agreed.
34
29
S. 1006.12, F.S.
30
S. 1006.12(1)–(4), F.S.
31
See s. 943.10(1), F.S.
32
S. 1006.12(1)(a), F.S.
33
S. 1006.12(1)(b), F.S.
34
S. 1006.12(2), F.S.
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School Guardian: Appoint a school guardian under the Chris Hixon, Coach Aaron Feis, and
Coach Scott Beigel Guardian Program who is certified by the sheriff after completing a
psychological evaluation, drug testing, and specified training, which includes firearm instruction.
A guardian may be a school district employee or charter school employee who volunteers to
serve as a guardian, in support of school sanctioned activities, in addition to his or her official
job duties. A qualifying individual may also be employed specifically as a guardian.
35
Guardians
do not have arrest powers.
36
School Security Guard: Contract with a security agency to employ a school security guard. A
school security guard is an individual who is employed by a security agency and serves on a
school facility as a safe-school officer in support of school sanctioned activities. Security guards
are required to hold a concealed carry weapon permit and undergo drug testing and a
psychological evaluation. An individual serving in this capacity must complete guardian program
training, including 144 training hours.
37
A security guard must aid in the prevention or abatement
of active assailant incidents on school premises,
38
but does not have arrest powers.
39
A school district contract with a security agency must define the entity or entities responsible for training
and the responsibilities for maintaining records relating to training, inspection, and firearm
qualification.
40
All safe-school officers are required to receive mental health training. Safe-school officers who are
sworn law enforcement officers must complete mental health crisis intervention training using a
curriculum developed by a national organization with expertise in the topic. The training must improve
the safe-school officers’ knowledge and skills as a first responder to incidents involving students with
emotional disturbance or mental illness, to include de-escalation skills. Safe-school officers who are not
sworn law enforcement officers are required to receive training to improve their knowledge and skills
related to incident response and de-escalation.
41
A district school superintendent or charter school administrator, or their designee, is required to notify
its county sheriff and the OSS within 72 hours after a safe-school officer being dismissed for
misconduct, being disciplined, or discharging a firearm in the exercise of duties during a non-training
incident.
42
The OSS must annually publish certain information about safe-school officers including the total
number of officers, officers disciplined or relieved of duty due to misconduct, disciplinary incidents, and
incidents in which a safe-school officer discharged his or her firearm outside of a training situation or in
the course of duty.
43
Florida law exempts from disclosure any information held by a law enforcement agency, school district,
or charter school that would identify whether a particular individual has been appointed as a safe-
school officer.
44
Florida law prohibits a person from falsely impersonating a school guardian and a violation of the
prohibition is a third degree felony. In addition, the law prohibits a person from impersonating a law
enforcement officer or licensed security officer acting in the capacity of a safe-school officer.
45
35
S. 1006.12(3), F.S.
36
S. 30.15(1)(k), F.S.
37
S. 1006.12(4), F.S.
38
S. 1006.12(4)(c), F.S.
39
S. 30.15(1)(k), F.S.
40
S. 1006.12(4)(b), F.S.
41
S. 1006.12(6), F.S.
42
S. 1006.12(5), F.S.
43
S. 1001.212(16), F.S.
44
S. 1006.12(8), F.S.
45
S. 843.08, F.S. A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.
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Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program
The Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program (guardian program)
authorizes qualified school personnel to serve as an armed guard to aid in the prevention or abatement
of active assailant incidents on school premises.
46
A school district or charter school employee may serve as a guardian if the individual is appointed by
the district school superintendent or charter school principal and is certified by a sheriff. The individual
must satisfy the following requirements:
Hold a concealed weapons or concealed firearms license;
Pass a psychological evaluation administered by a licensed psychologist;
Pass an initial drug test and subsequent random drug tests; and
Successfully complete a 144-hour training program that includes at least 12 hours of certified
nationally recognized diversity training and 132 total hours of specified, comprehensive firearm
safety and proficiency training conducted by Criminal Justice Standards and Training
Commission-certified instructors, and ongoing training, weapon inspection, and firearm
qualification on at least an annual basis.
47
An individual must satisfy the background screening, psychological evaluation, and drug testing
requirements prior to participating in the required guardian training. All training for the guardian program
must be conducted by a sheriff.
48
A county sheriff must establish a program if the district school board elects to participate. The sheriff
may contract with another county sheriff who has already established a program to provide training.
Charter school governing boards may directly request guardian training from the county sheriff even if
the school district decides not to participate. Should the sheriff deny the request, the charter school
may contract with a county sheriff who is willing to provide the training.
49
A sheriff who establishes a guardian program may consult with the FDLE on programmatic guiding
principles, practices, and resources.
50
A school guardian has no authority to act in any law enforcement capacity except to the extent
necessary to prevent or abate an active assailant incident on school premises.
51
The sheriff who
conducts the guardian training must issue a school guardian certificate to individuals who meet these
requirements and maintain documentation of weapon and equipment inspections, as well as the
training, certification, inspection, and qualification records of each school guardian certified by the
sheriff.
52
The guardian training specified in statute is the statewide standard that must be used, however, sheriffs
are authorized to supplement such training. A guardian that has received the required training cannot
be required to attend the training again unless there has been at least a one-year break in her or his
employment as a guardian.
53
Safe-school Officers in Private Schools
46
S. 30.15(1)(k), F.S.
47
Id.
48
S. 1006.12(7), F.S.
49
S. 30.15(1)(k), F.S.
50
S. 943.03(16), F.S.
51
S. 30.15(1)(k), F.S.
52
Id.
53
S. 30.15(1)(k)1.d., F.S.
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In 2023, the Legislature expanded the guardian program by authorizing private schools to partner with
a law enforcement or security agency to establish or assign a safe-school officer to their schools.
54
The
private school is responsible for any costs associated with implementing a safe-school officer, including
training under the guardian program.
55
A private school electing to implement a safe-school officer must
comply with the same statutory requirements for such officers as school districts and charter schools.
56
If the county in which a private school operates does not currently participate in the guardian program,
the private school may request the sheriff to initiate a guardian program for the purpose of training
private school employees.
57
If the local sheriff declines, the private school may contract with a sheriff of
a county that has implemented a guardian program to provide the necessary training.
58
The private
school is responsible for notifying the local sheriff prior to entering into such a contract and is
responsible for all costs associated with the training of private school employees to serve as
guardians.
59
The sheriff providing guardian training to private school employees is prohibited from
comingling funds received for such training with funds received from the state for the purposes of
training school district or charter school employees to serve as guardians.
60
Effect of the Bill – Safe-School Officers
The bill amends s. 30.15, F.S., to clarify that private schools seeking to participate in the guardian
program are responsible for costs associated with background screening in addition to costs associated
with training. However, the bill authorizes a sheriff to waive training and background screening costs for
a private school participating in the school guardian program. Funds provided to the sheriff by the DOE
for the school guardian program may not be used to subsidize any costs that have been waived by the
sheriff.
The bill clarifies that the one-time guardian stipend only applies to employees of the school district or
charter school serving as guardians.
The bill provides that an individual certified under, and in good standing with, the Florida Criminal
Justice Standards and Training Commission, and who is otherwise qualified to serve as a guardian, is
exempt from the 144-hour training requirement prior to certification as a guardian. The bill authorizes a
sheriff to issue a school guardian certificate to such individuals.
The bill requires a school guardian to complete 12 hours of training to improve the guardian’s
knowledge and skills necessary to respond to and de-escalate incidents on school premises, and
deletes a requirement for a school guardian to complete 12 hours of certified nationally recognized
diversity training.
The bill amends s. 1006.12, F.S., to require that agreements between a school district and a law
enforcement agency for the provision of school resource officers (SRO) in district schools must identify
the entity responsible for maintain records relating to SRO training.
Required Reporting of Certified and Appointed School Guardians
The bill implements new reporting requirements related to individuals certified as school guardians and
serving as school guardians in school districts, charter schools, and private schools. Under the bill, the
FDLE shall serve as the central repository of information regarding certified and appointed school
guardians.
54
S. 2, ch. 2023-18, Laws of Fla.
55
S. 30.15(1)(k)1.c., F.S.
56
S. 1002.42(18), F.S.
57
S. 30.15(1)(k)1.c., F.S.
58
Id.
59
Id.
60
Id.
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DATE: 3/14/2024
The bill amends s. 30.15, F.S., to require that each sheriff report to the FDLE, within 30 days of such
certification, each individual certified as a school guardian. Each sheriff must also make a one-time
report, by September 1, 2024, of every individual previously certified as a school guardian by the
sheriff. The required reports must include the name, date of birth, and certification date of the guardian.
Additionally, the bill requires each school district, charter school, and private school participating in the
guardian program to report to the FDLE, each February 1 and September 1, the name, date of birth,
and appointment date of each individual appointed as a school guardian. The school district, charter
school, and private school must also report the end date of any appointment as a school guardian.
Each participating school must make a one-time report to the FDLE, by September 1, 2024, providing a
current list of appointed school guardians that includes, name, date of birth, and initial and end-of-
appointment date of each school guardian, as applicable.
Using the information from these reports, the FDLE must maintain a list of all individuals appointed as
school guardians that includes name, certification date, date of appointment, including the name of the
school, information reported by the DOE related to a school guardian discharging their firearms or
being subject to discipline, and end date of appointment, if applicable. The FDLE must remove anyone
from the list whose required guardian training has expired.
The bill requires that each sheriff report to the FDLE, on a quarterly basis, the schedule for upcoming
guardian trainings, including the dates, locations, contact person for registration, and class capacity.
The FDLE is required to publish, and update quarterly, the information related to such trainings on its
website.
For any sheriff that fails to comply with the above reporting requirements, the bill prohibits the sheriff
from receiving reimbursements from the DOE for costs associated with the school guardian program.
For any school district, charter school, or private school that fails to comply with the above reporting
requirements, the bill prohibits the entity from operating a school guardian program the following school
year, unless the school district, charter school, or private school has submitted the required information.
Such prohibition is lifted as soon as the sheriff, school district, charter school, or private school
complies with reporting requirements. In order for the DOE to be able to enforce these prohibitions, the
bill requires the FDLE to report any non-compliance to the DOE each year by March 1 and October 1.
The bill requires that each school district, charter school, or private school, before employing an
individual as a school guardian, must contact the FLDE and review all information maintained by the
FDLE related to the individual’s school guardian certification and employment as a school guardian.
Additionally, the DOE must provide the FDLE with any information relating to a school guardian
discharging their firearms or being disciplined.
The bill provides the FDLE with rulemaking authority for the purposes of implementing the reporting
related to school guardians, including additional required reporting information only as necessary to
uniquely identify each school guardian reported.
Incident Reporting and Safe Schools Allocation
Background
Incident Reporting
With respect to school safety, there are a number of tracking and reporting tools managed by the DOE
to which school districts are required to report incident information. The OSS monitors school district
compliance with SESIR requirements and TMT utilization of the standardized behavioral assessment
tool, i.e., the FSSP. The FSSP is available to individual TMT members with specific permissions and
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DATE: 3/14/2024
the OSS tracks the number of queries.
61
The FSSP provides a centralized repository to access student
records across multiple disciplines including law enforcement and behavioral health care.
62
The SESIR data is collated by a DOE electronic database to which school districts report on 26
incidents of crime, violence, and disruptive behaviors that occur on school grounds.
63
The SESIR
reporting is required for all public schools.
64
Each district school board must adopt policies to ensure
the accurate and timely reporting of incidents related to school safety and discipline and the district
school superintendent is responsible for reporting such incidents in SESIR.
65
The DOE revised the
reporting rule in 2020 to direct how incidents are reported at regular intervals throughout the school
year.
66
Superintendents must annually certify that the school district is in compliance with the SBE rule.
Failure to report SESIR data by the survey deadlines can result in forfeiture of the superintendent’s
salary until the reporting is completed.
67
The DOE makes the data available annually through
publication of summary excel files on its website,
68
which are separate from other DOE databases that
provide public visibility into school accountability and performance metrics.
69
School districts must provide emergency notifications for a limited list of life-threatening emergencies
that take place on a K-12 public school campus.
70
Incidents include weapon-use, hostage, and active
shooter situations, hazardous materials or toxic chemical spills, weather emergencies, and exposure as
a result of manmade emergencies.
71
For colleges and universities, the Clery Act prescribes a broader
list of violent incidents or criminal acts for which notification is required to the “campus community.”
72
Acts that must be reported include criminal offenses,
73
hate crimes,
74
Violence Against Women Act
offenses,
75
and arrests and referrals for discipline for weapons, drug, or liquor law violations.
76
In 2021,
77
the Legislature established the parental right to timely notification of school safety and
emergency incidents, including certain threats, unlawful acts, and significant emergencies, and the right
to access the SESIR data as reported by school districts to the DOE.
78
The DOE must annually publish
the most recently available SESIR data, along with other school accountability and performance data,
in a uniform, statewide format that is easy to read and understand.
79
In response to concerns the SESIR reporting requirements were unclear and not aligned with Florida’s
criminal statutes regarding criminal offenses being reported by schools, the DOE substantially
amended the SESIR reporting rule in January 2023.
80
The amendment updated a number of definitions,
clarified the process for determining when incidents must be referred to law enforcement, and bolstered
61
Florida Department of Education, Department of Education Announces the Florida Schools Safety Portal,
12ttp://www.fldoe.org/newsroom/latest-news/department-of-education-announces-the-florida-schools-safety-portal.stml (last visited
Mar. 14, 2024).
62
S. 1001.212(12), F.S.
63
Florida Department of Education, Discipline Data, http://www.fldoe.org/safe-schools/discipline-data.stml (last visited Mar. 14, 2024).
64
Ss. 1001.212(8) and 1006.07(6), F.S.
65
S. 1006.07(9), F.S.
66
R. 6A-1.0017, F.A.C. The survey periods for submission of data by school districts to the DOE are established in Full-time Equivalent
(FTE) General Instructions 2022-2023, https://www.fldoe.org/core/fileparse.php/7508/urlt/2223FTEGenInstruct.pdf (last visited Mar. 14,
2024).
67
R. 6A-1.0017, F.A.C.
68
Florida Department of Education, Discipline Data, http://www.fldoe.org/safe-schools/discipline-data.stml (last visited Mar. 14, 2024).
69
See Florida Department of Education, Know Your Schools, https://edudata.fldoe.org/ (last visited Mar. 14, 2024).
70
S. 1006.07(4), F.S.
71
Id.
72
Pub. L. No. 101-152, 104 Stat. 2381 (Nov. 8, 1990).
73
Id. Criminal offenses include criminal homicide, sexual assault, robbery, burglary, motor vehicle theft, and arson.
74
Id. Hate crimes can include any of the covered criminal offenses and larceny-theft, simple assault, intimidation, and destruction,
damage, or vandalism of property.
75
Id. Violence Against Women Act offenses include domestic violence, dating violence, and stalking.
76
Id.
77
Ch. 2021-176, Laws of Fla.
78
Ss. 1002.20(25) and 1002.33(9)(r), F.S.
79
S. 1006.07(9), F.S.
80
R. 6A-1.0017, F.A.C.
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the annual school district reporting requirements to improve overall data quality.
81
To address under-
reporting of serious crimes due to school district discretion, in 2023, the Legislature authorized the SBE
to adopt emergency rules to establish which SESIR incidents must be reported to law enforcement. The
SBE must adopt final rules no later than July 1, 2024.
82
Additionally, school districts must provide timely notice to parents of the following unlawful acts and
significant emergency situations on school grounds, school transportation, or school-sponsored
activities:
Weapons possession or use or hostage and active assailant situations.
Murder, homicide, or manslaughter.
Sex offenses, including rape, sexual assault, or sexual misconduct with a student by school
personnel.
Aggravated assault or battery.
Natural emergencies, including hurricanes, tornadoes, and severe weather.
Exposure as a result of a manmade emergency.
83
When a child is taken into custody by a law enforcement officer for an offense that would have been a
felony if committed by an adult, or a crime of violence, the law enforcement agency must notify the
superintendent of schools that the child is alleged to have committed the delinquent act.
84
Safe Schools Allocation
The Safe Schools Allocation is a categorical in the Florida Education Finance Program and provides
funding to assist school districts in their compliance with ss. 1006.07–1006.12, F.S., with priority given
to safe-school officers. For the 2023-2024 school year, $250 million is appropriated for this categorical
with each district receiving a minimum of $250,000 and the remaining balance of funds allocated by a
formula based on one-third of the recent Florida Crime Index and two-thirds allocated based on each
school district’s proportionate share of the state’s total unweighted full-time equivalent student
enrollment.
85
The distribution of safe schools funds provided to a school district is contingent upon the district’s
compliance with all reporting procedures related to the prevention of bullying and harassment.
86
Safe Schools Allocation
Fiscal Year Funding Amount
2018-2019
87
$ 162 million
2019-2020
88
$ 180 million
2020-2021
89
$ 180 million
2021-2022
90
$ 180 million
2022-2023
91
$ 210 million
2023-2024
92
$ 250 million
Total $ 1.2 billion
81
Id.
82
S. 24, ch. 2023-18, Laws of Fla.
83
S. 1006.07(4)(b), F.S.
84
S. 985.04(4)(a), F.S.
85
Specific Appropriations 5 and 86, ch. 2022-156, Laws of Fla. See S. 1011.62(12), F.S.
86
S. 1006.147(7), F.S.
87
S. 42, ch. 2018-3, Laws of Fla. ($97,500,000); Specific Appropriations 6 and 92, ch. 2018-9, L.O.F. ($64,456,019)
88
Specific Appropriations 6 and 93, ch. 2019-115, Laws of Fla.
89
Specific Appropriations 8 and 92, ch. 2020-111, Laws of Fla.
90
Specific Appropriations 7 and 90, ch. 2021-36, Laws of Fla.
91
Specific Appropriations 5 and 86, ch. 2022-156, Laws of Fla.
92
Specific Appropriations 5 and 80, ch. 2023-239, Laws of Fla.
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Effect of the Bill – Incident Reporting
The bill creates, subject to an appropriation, a grant program to support private schools’ school safety
efforts. Under the program, the FDLE shall provide grants to sheriff's offices and law enforcement
agencies to:
Conduct physical site security assessments for and provide reports to private schools with
recommendations on improving such schools' infrastructure safety and security;
Assist private schools in developing active assailant response protocols and develop and
implement training relating to active assailant responses, including active assailant response
drills; and
Consult with or provide guidance to private schools in implementing a threat management
program similar to the program required for public schools.
The FDLE must develop a site security assessment form for use by sheriff's offices and law
enforcement agencies and provide the form, including any subsequent revisions, to the recipient of
funds in conducting the duties outlined in the bill. Grants awarded under this program may be used
provide reimbursements to sheriff’s offices and law enforcement agencies for personnel costs,
software, and other items necessary to assist private schools. The FDLE must establish the
requirements for awarding such grants. An applicant may not receive more than 10 percent of the total
amount appropriated for the program.
The bill amends s. 1001.212, F.S., to requires the OSS, by December 1, 2024, to evaluate the
distribution methodology for the Safe Schools Allocation and, if necessary, make recommendations for
an alternate methodology to distribute the remaining balance of the Safe Schools Allocation.
The bill also requires the superintendent, or his or her designee, if the student in question was taking
dual enrollment courses, to inform the postsecondary institution where the dual enrollment courses
were being taken of the alleged delinquent act within one business day of receiving the initial
notification from law enforcement.
FortifyFL
Background
The School Safety Awareness Program is a mobile suspicious activity reporting tool known as
FortifyFL, which is based upon a recommendation by the students of Marjory Stoneman Douglas High
School. The tool allows students and the community to share information anonymously concerning
unsafe, potentially harmful, dangerous, violent, or criminal activities, or the threat of criminal activities,
to the appropriate public safety agencies and school officials.
93
The information reported using FortifyFL
must be promptly forwarded to the appropriate law enforcement agency or school official.
94
The tool will
notify the person reporting the suspicious activity that information may be provided anonymously, but if,
following an investigation, it is determined that an individual knowingly submitted a false tip, the Internet
Protocol (IP) address of the device from which the tip was submitted will be provided to law
enforcement and the individual may be subject to criminal penalties.
95
If the person chooses to identify
him or herself, then the identity will be shared with the law enforcement agency and school officials.
However, those entities must keep the identify information confidential.
96
The FDLE must collaborate with the Division of Victims Services within the Office of the Attorney
General and the OSS to develop and provide a comprehensive training and awareness program on the
use of FortifyFL.
97
Each district school board must promote the use of FortifyFL by advertising it on the
93
S. 943.082(1), F.S.
94
S. 943.082(3), F.S.
95
S. 943.082(2), F.S.
96
Id.
97
S. 943.082(5), F.S.
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DATE: 3/14/2024
school district website, in publications, and on school campuses. FortifyFL must be installed on all
mobile devices issued to students and bookmarked in web browsers on all computer devices issued to
students.
98
Effect of the Bill – FortifyFL
The bill amends s. 943.082, F.S., to require, within the first five days of each school year, each district
school board and charter school governing board provide instruction on the use of the mobile
suspicious activity reporting tool known as FortifyFL to students. The instruction must be age and
developmentally appropriate and include the consequences for making a threat or false report involving
school or school personnel's property, school transportation, or a school-sponsored activity.
Drones
Background
Under Florida law, a drone is a powered, aerial vehicle that:
Does not carry a human operator;
Uses aerodynamic forces to provide vehicle lift;
Can fly autonomously or be piloted remotely;
Can be expendable or recoverable; and
Can carry a lethal or nonlethal payload.
99
In Florida, the authority to regulate the operation of drones is preempted to the state.
100
Political
subdivisions may not enforce ordinances or resolutions impacting the design, manufacture, testing,
maintenance, licensing, registration, certification, or operation of a drone.
101
However, political
subdivisions may enact or enforce ordinances relating to nuisances, voyeurism, harassment, reckless
endangerment, property damage, or other illegal acts arising from the use of drones if such laws or
ordinances are not specifically related to the use of a drone for those illegal acts.
102
A person may not knowingly or willfully:
Operate a drone over a critical infrastructure facility;
Allow a drone to make contact with a critical infrastructure facility, including any person or object
on the premises of or within the facility; or
Allow a drone to come close enough to a critical infrastructure facility as to interfere with the
operations of or cause a disturbance to the facility.
103
A person who violates this prohibition commits a second degree misdemeanor.
104
A second or
subsequent violation is a first degree misdemeanor.
105
The prohibition against operating a drone over a critical infrastructure facility does not apply to:
A federal, state, or other governmental entity, or a person under contract or otherwise acting
under the direction of a federal, state, or other governmental entity;
A law enforcement agency that is in compliance with s. 934.50, F.S.,
106
or a person under
contract with or otherwise acting under the direction of such law enforcement agency; or
98
S. 943.082(4)(b), F.S.
99
S. 934.50(2)(a), F.S.
100
S. 330.41(3)(a), F.S.
101
S. 330.41(3)(b), F.S.
102
S. 330.41(3)(c), F.S.
103
S. 330.41(4)(a), F.S.
104
A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. Ss. 775.082 or 775.083, F.S.
105
A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 or 775.083, F.S.
106
Generally, s. 934.50, F.S., provides requirements for the use of drones by a law enforcement agency.
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DATE: 3/14/2024
An owner, operator, or occupant of the critical infrastructure facility, or a person who has prior
written consent of such owner, operator, or occupant.
A “critical infrastructure facility” is defined as any of the following, if completely enclosed by a fence or
other physical barrier, or if clearly marked with a sign or signs that indicate entry is forbidden:
Power generation or transmission facility, substation, switching station, or electrical control
center;
Chemical or rubber manufacturing or storage facility;
Water intake structure, water treatment facility, wastewater treatment plant, or pump station;
Mining facility;
Natural gas or compressed gas compressor station, storage facility, or natural gas or
compressed gas pipeline;
Liquid natural gas or propane gas terminal or storage facility;
Any portion of an aboveground oil or gas pipeline;
Refinery;
Gas processing plant, including a plant used in the processing, treatment, or fractionalization of
natural gas;
Wireless communications facility, including the tower, antennae, support structures, and all
associated ground-based equipment;
Seaport;
Inland port or other facility or group of facilities serving as a point or intermodal transfer of
freight in a specific area physically separated from a seaport;
Airport;
Spaceport;
Military installation as defined in 10 U.S.C. s. 2801(c)(4) or an armory;
Dam, or other structures such as locks, floodgates, or dikes, which are designed to maintain or
control the level of navigable waterways;
State correctional institution or a private correctional facility;
Secure detention center or facility, or a nonsecure residential facility, a high-risk residential
facility, or a maximum-risk residential facility; or
County detention facility.
107
Effect of the Bill – Drones
The bill amends s. 330.41, F.S., to prohibit a person from knowingly or willfully:
Operating a drone over a public or private school serving students in any grade from voluntary
prekindergarten through grade 12; or
Allowing a drone to make contact with a school, including any person or object on the premises
of or within a school facility.
Under the bill, a person who violates such a prohibition commits a second degree misdemeanor for a
first violation or a first degree misdemeanor for a second or subsequent violation.
If a person commits a violation and records video of the school, including any person or object on the
premises of or within the school facility, the person commits a first degree misdemeanor for a first
violation, or a third degree felony for a second or subsequent violation.
The prohibition against operating a drone over a school does not apply to a:
Person operating a drone with the prior written consent of the school principal, district school
board, superintendent, or school governing board; or
Law enforcement agency that is in compliance with s. 934.50, F.S., or a person under contract
with or otherwise acting under the direction of such law enforcement agency.
107
S. 330.41(2)(a), F.S.
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DATE: 3/14/2024
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The General Appropriations Act for Fiscal Year 2024-2025 (HB 5001) appropriates $3.8 million in
recurring general revenue funds for the bonus program administered by the OSS. Additionally, 15 FTE
and $1.7 million in recurring funds is appropriated to the OSS for the additional workload associated
with the completion of the annual compliance inspections.
The bill may have a positive fiscal impact on revenues of sheriff’s offices and other law enforcement
agencies who apply for and receive cost reimbursements under the school security assessment grant
program. HB 5001 appropriates $5 million in nonrecurring general revenue funds to FDLE to implement
the grant program.
FDLE may also experience increased workload and additional technology costs associated with
administering the grant program, tracking school guardian data, and publishing online training
information.
108
However, any initial impact can likely be absorbed within existing resources. Future
needs could be addressed through the annual Legislative Budget Request process.
The bill may also have an indeterminate positive impact on jail and prison beds by creating new
misdemeanor and felony offenses for operating drones near schools.
108
Florida Department of Law Enforcement, Agency Analysis of House Bill 1473, p. 4 (Jan. 12, 2024).