Florida 2024 Regular Session

Florida House Bill H1509 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to public records; amending s. 30.15, 2
1616 F.S.; providing that certain information relating to 3
1717 school guardians held by the Department of Law 4
1818 Enforcement, a law enforcement agency, a school 5
1919 district, or a charter school is exempt from public 6
2020 records requirements; providing for future legislative 7
2121 review and repeal of the exemption; providing a 8
2222 statement of public necessity; providing a contingent 9
2323 effective date. 10
2424 11
2525 Be It Enacted by the Legislature of the State of Florida: 12
2626 13
2727 Section 1. Subsection (6) is added to section 30.15, 14
2828 Florida Statutes, to read: 15
2929 30.15 Powers, duties, and obligations. — 16
3030 (6) Any information held by the Department of L aw 17
3131 Enforcement, a law enforcement agency, a school district, or a 18
3232 charter school that would identify whether a person has been 19
3333 certified to serve as a school guardian is exempt from s. 20
3434 119.07(1) and s. 24(a), Art. I of the State Constitution. This 21
3535 subsection is subject to the Open Government Sunset Review Act 22
3636 in accordance with s. 119.15 and shall stand repealed on October 23
3737 2, 2029, unless reviewed and saved from repeal through 24
3838 reenactment by the Legislature. 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 Section 2. The Legislature finds that it is a public 26
5252 necessity that any information held by the Department of Law 27
5353 Enforcement, a law enforcement agency, a school district, or a 28
5454 charter school that would identify whether a person has been 29
5555 certified to serve as a school guardian is exempt from s. 30
5656 119.07(1), Florida Statutes, and s. 24(a), Article I of the 31
5757 State Constitution. School security and student safety are 32
5858 fundamental priorities in this state as is the safety of people 33
5959 serving or who have served as school guardians. School guardians 34
6060 serve a critical role as safe-school officers and first 35
6161 responders, and their presence on school grounds serves as a 36
6262 deterrent against incidents threatening the lives of students 37
6363 and school personnel. Disclosure of the identity of persons 38
6464 certified as school guardians might undermine such deterrence 39
6565 and may compromise their safety along with the safety of 40
6666 students by allowing ill -intentioned persons to compare the 41
6767 records of certified school guardians to information concerning 42
6868 school employees to discern whether a perso n has been appointed 43
6969 to serve as a school guardian. The public disclosure of such 44
7070 information would also adversely affect their ability to 45
7171 adequately respond to an active assailant incident as an 46
7272 assailant might be alerted in advance that a particular pers on 47
7373 is certified as a school guardian. Furthermore, school guardians 48
7474 who have been appointed to that position might leave their 49
7575 appointment for a period of time while maintaining their 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 certification, and, thereafter, be reappointed at a future date. 51
8989 The safety of such persons would be compromised if their status 52
9090 as school guardians became public record by virtue of their 53
9191 continued certification. Accordingly, it is necessary to protect 54
9292 the identity of persons certified as school guardians from 55
9393 public records requirements in order to effectively and 56
9494 efficiently implement the purpose and intent of school guardian 57
9595 programs. 58
9696 Section 3. This act shall take effect on the same date 59
9797 that HB 1473 or similar legislation takes effect , if such 60
9898 legislation is adopted in the same legislative session or an 61
9999 extension thereof and becomes a law. 62