This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1509z.DOCX
DATE: 3/13/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 1509 Pub. Rec./School Guardians
SPONSOR(S): State Affairs Committee and Judiciary Committee, Trabulsy and others
TIED BILLS: CS/CS/HB 1473 IDEN./SIM. BILLS: CS/SB 7056
FINAL HOUSE FLOOR ACTION: 111 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/HB 1509 passed the House on February 29, 2024, and subsequently passed the Senate on March 4,
2024.
Section 1006.12, F.S., requires district school boards and school district superintendents to partner with law
enforcement or security agencies to establish or assign one or more safe-school officers at each school facility
within the district, including charter schools. A safe-school officer may be a school resource officer, school
safety officer, school guardian, or a school security guard. Each safe-school officer must meet specified
training and eligibility requirements and be certified for a specified safe-school officer position. Documentation
of a safe-school officer’s training and certification is maintained by the sheriff, school district, or charter school.
Section 1006.12(8), F.S., provides a public record exemption for information held by a law enforcement
agency, school district, or charter school that would identify whether a person has been appointed as a safe-
school officer, and s. 1002.42(18)(c), F.S., provides a public record exemption for any information held by a
law enforcement agency that may identify whether a particular individual has been assigned as a safe-school
officer at a private school.
CS/CS/HB 1473 (2024), to which this bill is linked, requires a sheriff’s office that certifies individuals to serve as
school guardians, and school districts, charter schools, and private schools that appoint school guardians, to
report information related to the certification and appointment of school guardians to the Florida Department of
Law Enforcement (FDLE). Based on these reports, FDLE must maintain a list of each person who is appointed
as a school guardian, including the school guardian’s name, the date on which he or she was certified as a
school guardian, and the date on which he or she was appointed a school guardian, including the name of the
school to which the guardian is appointed, and, if applicable, the date his or her appointment as a school
guardian ended.
The bill amends s. 30.15, F.S., to create a public record exemption for any information held by FDLE, a law
enforcement agency, a school district, or a charter school that would identify whether an individual has been
certified to serve as a school guardian.
The bill is subject to the Open Government Sunset Review Act and stands repealed on October 2, 2029,
unless reviewed and saved from repeal through reenactment by the Legislature.
The bill does not appear to have a fiscal impact on state or local governments.
Subject to the Governor’s veto powers, the effective date of this bill is the same date that CS/CS/HB 1473 or
similar legislation takes effect.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Public Records
The Florida Constitution sets forth the state’s public policy regarding access to government records,
guaranteeing every person a right to inspect or copy any public record of the legislative, executive, and
judicial branches of government.
1
The Legislature, however, may provide by general law an exemption
2
from public record requirements provided that the exemption passes by a two-thirds vote, states with
specificity the public necessity justifying the exemption, and is no broader than necessary to meet its
public purpose.
3
Current law also addresses the public policy regarding access to government records by guaranteeing
every person a right to inspect and copy any state, county, or municipal record, unless the record is
exempt.
4
Furthermore, the Open Government Sunset Review (OGSR) Act
5
provides that a public
record exemption may be created, revised, or maintained only if it serves an identifiable public purpose
and the “Legislature finds that the purpose is sufficiently compelling to override the strong public policy
of open government and cannot be accomplished without the exemption.”
6
An identifiable public
purpose is served if the exemption meets one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protect trade or business secrets.
7
Pursuant to the OGSR Act, a new public record exemption, or the substantial amendment of an existing
public record exemption, is repealed on October 2 of the fifth year following enactment, unless the
Legislature reenacts the exemption.
8
Safe-school Officers
Section 1006.12, F.S., requires district school boards and school district superintendents to partner with
law enforcement or security agencies to establish or assign one or more safe-school officers at each
school facility within the district, including charter schools. 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.
9
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:
10
1
Art. I, s. 24(a), Fla. Const.
2
A “public record exemption” means a provision of general law which provides that a specified record, or portion thereof, is not subject
to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
3
Art. I, s. 24(c), Fla. Const.
4
See s. 119.01, F.S.
5
S. 119.15, F.S.
6
S. 119.15(6)(b), F.S.
7
Id.
8
S. 119.15(3), F.S.
9
S. 1006.12, F.S.
10
Ss. 1006.12(1)–(4), F.S.
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Establish a school resource officer program through a cooperative agreement with law
enforcement agencies. A school resource officer is a certified law enforcement officer
11
who is
employed by a law enforcement agency and is required to undergo criminal background checks,
drug testing, and a psychological evaluation.
12
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.
13
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.
14
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.
15
Guardians do not have arrest
powers.
16
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 in a school facility as a safe-school
officer in support of school sanctioned activities. Security guards are required to hold a Class
“D” security officer license and a Class “G” firearm license and undergo drug testing and a
psychological evaluation. An individual serving in this capacity must complete guardian program
training, including 144 training hours.
17
A security guard must aid in the prevention or abatement
of active assailant incidents on school premises,
18
but does not have arrest powers.
19
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.
20
All safe-school officers are required to receive mental health crisis intervention training.
21
Safe-school
officers who are sworn law enforcement officers must complete such training using a curriculum
developed by a national organization with expertise in the topic.
22
The training must improve the safe-
school officers’ knowledge and skills as a first responder related to incidents involving students with
emotional disturbance or mental illness, including de-escalation skills.
23
11
See s. 943.10(1), F.S.
12
S. 1006.12(1)(a), F.S.
13
S. 1006.12(1)(b), F.S.
14
S. 1006.12(2), F.S.
15
S. 1006.12(3), F.S.
16
S. 30.15(1)(k), F.S.
17
S. 1006.12(4), F.S.
18
S. 1006.12(4)(c), F.S.
19
S. 30.15(1)(k), F.S.
20
S. 1006.12(4)(b), F.S.
21
S. 1006.12(6)(a), F.S.
22
Id.
23
Id.
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A district school superintendent or charter school administrator, or designee, must notify the county
sheriff and the Office of Safe Schools (OSS) within 72 hours after a safe-school officer is dismissed for
misconduct, is disciplined, or discharged a firearm in the exercise of duties during a non-training
incident.
24
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.
25
Section 1006.12(8), F.S., provides a public record exemption for any information held by a law
enforcement agency, school district, or charter school that would identify whether a particular individual
has been appointed as a safe-school officer. Similarly, s. 1002.42(18), F.S., provides a public record
exemption for any information held by a law enforcement agency that would identity whether a
particular individual has been appointed as a safe-school officer at a private school.
Section 843.08, F.S., prohibits a person from falsely assuming or pretending to be a law enforcement
officer, school guardian, or licensed security officer acting in his or her capacity as a safe-school officer,
a violation of which is punishable as a third degree felony.
26
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.
27
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.
Successfully complete a 144-hour training program that includes at least 12 hours of a certified,
nationally recognized diversity training program and 132 total hours of specified, comprehensive
firearm safety and proficiency training conducted by the Criminal Justice Standards and Training
Commission-certified instructors, and ongoing training, weapon inspection, and firearm
qualification on at least an annual basis.
28
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.
29
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.
30
24
S. 1006.12(5), F.S.
25
S. 1001.212(15), F.S.
26
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.
27
S. 30.15(1)(k), F.S.
28
S. 30.15(1)(k)2., F.S.
29
S. 1006.12(7), F.S.
30
S. 30.15(1)(k)1.b., F.S.
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A sheriff who establishes a program may consult with the Florida Department of Law Enforcement
(FDLE) on programmatic guiding principles, practices, and resources to assist in the development and
implementation of the Guardian Program.
31
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.
32
The sheriff who
conducts the guardian training must issue a school guardian certificate to individuals who meet the
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.
33
The guardian training specified in statute is the statewide standard that must be used; however, sheriffs
may supplement such training. A guardian that has received the required training cannot be required to
repeat the training unless there has been at least a one-year break in her or his employment as a
guardian.
34
Safe-school Officers in Private Schools
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.
35
The
private school is responsible for any training costs associated with implementing a school guardian
program and must comply with the same statutory requirements for such officers as school districts and
charter schools.
36
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.
37
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.
38
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.
39
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.
40
CS/CS/HB 1473 (2024)
CS/CS/HB 1473, to which this bill is linked, amends s. 30.15, F.S., to require sheriffs that certify
individuals to serve as school guardians, and school districts, charter schools, and private schools that
appoint school guardians, to report specified information to FDLE. Based on these reports, FDLE must
maintain a list of each person who is appointed as a school guardian, including the school guardian’s
name, the date on which he or she was certified as a school guardian, and the date on which he or she
was appointed as a school guardian, including the name of the school district, charter school, or private
school to which the guardian is appointed, and, if applicable, the date his or her appointment as a
school guardian ended.
Effect of the Bill
31
S. 943.03(16), F.S.
32
S. 30.15(1)(k), F.S.
33
Id.
34
S. 30.15(1)(k)1.d., F.S.
35
S. 2, ch. 2023-18, Laws of Fla.
36
S. 30.15(1)(k)1.c., F.S.
37
Id.
38
Id.
39
Id.
40
Id.
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This bill, which is linked to the passage of CS/CS/HB 1473, amends s. 30.15, F.S., to create a public
record exemption for any information held by FDLE, a law enforcement agency, a school district, or a
charter school that would identify whether a person has been certified to serve as a school guardian.
The bill provides that the public record exemption is a public necessity because disclosure of the
identity of persons certified as school guardians might compromise their safety along with the safety of
students by allowing ill-intentioned persons to compare the records of certified school guardians to
information concerning school employees to discern whether a person has been appointed to serve as
a school guardian.
The bill is subject to the OGSR Act and stands repealed on October 2, 2029, unless reviewed and
saved from repeal through reenactment by the Legislature.
Subject to the Governor’s veto powers, the effective date of this bill is the same date that CS/CS/HB
1473 or similar legislation takes effect.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.