15 | 15 | | An act relating to public records; amending s. 30.15, 2 |
---|
16 | 16 | | F.S.; providing that certain information relating to 3 |
---|
17 | 17 | | school guardians held by the Department of Law 4 |
---|
18 | 18 | | Enforcement, a law enforcement agency, a school 5 |
---|
19 | 19 | | district, or a charter school is exempt from public 6 |
---|
20 | 20 | | records requirements; providing for future legislative 7 |
---|
21 | 21 | | review and repeal of the exemption; providing a 8 |
---|
22 | 22 | | statement of public necessity; providing a contingent 9 |
---|
23 | 23 | | effective date. 10 |
---|
24 | 24 | | 11 |
---|
25 | 25 | | Be It Enacted by the Legislature of the State of Florida: 12 |
---|
26 | 26 | | 13 |
---|
27 | 27 | | Section 1. Subsection (6) is added to section 30.15, 14 |
---|
28 | 28 | | Florida Statutes, to read: 15 |
---|
29 | 29 | | 30.15 Powers, duties, and obligations. — 16 |
---|
30 | 30 | | (6) Any information held by the Department of L aw 17 |
---|
31 | 31 | | Enforcement, a law enforcement agency, a school district, or a 18 |
---|
32 | 32 | | charter school that would identify whether a person has been 19 |
---|
33 | 33 | | certified to serve as a school guardian is exempt from s. 20 |
---|
34 | 34 | | 119.07(1) and s. 24(a), Art. I of the State Constitution. This 21 |
---|
35 | 35 | | subsection is subject to the Open Government Sunset Review Act 22 |
---|
36 | 36 | | in accordance with s. 119.15 and shall stand repealed on October 23 |
---|
37 | 37 | | 2, 2029, unless reviewed and saved from repeal through 24 |
---|
38 | 38 | | reenactment by the Legislature. 25 |
---|
46 | 46 | | Page 2 of 3 |
---|
47 | 47 | | 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 |
---|
48 | 48 | | |
---|
49 | 49 | | |
---|
50 | 50 | | |
---|
51 | 51 | | Section 2. The Legislature finds that it is a public 26 |
---|
52 | 52 | | necessity that any information held by the Department of Law 27 |
---|
53 | 53 | | Enforcement, a law enforcement agency, a school district, or a 28 |
---|
54 | 54 | | charter school that would identify whether a person has been 29 |
---|
55 | 55 | | certified to serve as a school guardian is exempt from s. 30 |
---|
56 | 56 | | 119.07(1), Florida Statutes, and s. 24(a), Article I of the 31 |
---|
57 | 57 | | State Constitution. School security and student safety are 32 |
---|
58 | 58 | | fundamental priorities in this state as is the safety of people 33 |
---|
59 | 59 | | serving or who have served as school guardians. School guardians 34 |
---|
60 | 60 | | serve a critical role as safe-school officers and first 35 |
---|
61 | 61 | | responders, and their presence on school grounds serves as a 36 |
---|
62 | 62 | | deterrent against incidents threatening the lives of students 37 |
---|
63 | 63 | | and school personnel. Disclosure of the identity of persons 38 |
---|
64 | 64 | | certified as school guardians might undermine such deterrence 39 |
---|
65 | 65 | | and may compromise their safety along with the safety of 40 |
---|
66 | 66 | | students by allowing ill -intentioned persons to compare the 41 |
---|
67 | 67 | | records of certified school guardians to information concerning 42 |
---|
68 | 68 | | school employees to discern whether a perso n has been appointed 43 |
---|
69 | 69 | | to serve as a school guardian. The public disclosure of such 44 |
---|
70 | 70 | | information would also adversely affect their ability to 45 |
---|
71 | 71 | | adequately respond to an active assailant incident as an 46 |
---|
72 | 72 | | assailant might be alerted in advance that a particular pers on 47 |
---|
73 | 73 | | is certified as a school guardian. Furthermore, school guardians 48 |
---|
74 | 74 | | who have been appointed to that position might leave their 49 |
---|
75 | 75 | | appointment for a period of time while maintaining their 50 |
---|
83 | 83 | | Page 3 of 3 |
---|
84 | 84 | | 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 |
---|
85 | 85 | | |
---|
86 | 86 | | |
---|
87 | 87 | | |
---|
88 | 88 | | certification, and, thereafter, be reappointed at a future date. 51 |
---|
89 | 89 | | The safety of such persons would be compromised if their status 52 |
---|
90 | 90 | | as school guardians became public record by virtue of their 53 |
---|
91 | 91 | | continued certification. Accordingly, it is necessary to protect 54 |
---|
92 | 92 | | the identity of persons certified as school guardians from 55 |
---|
93 | 93 | | public records requirements in order to effectively and 56 |
---|
94 | 94 | | efficiently implement the purpose and intent of school guardian 57 |
---|
95 | 95 | | programs. 58 |
---|
96 | 96 | | Section 3. This act shall take effect on the same date 59 |
---|
97 | 97 | | that HB 1473 or similar legislation takes effect , if such 60 |
---|
98 | 98 | | legislation is adopted in the same legislative session or an 61 |
---|
99 | 99 | | extension thereof and becomes a law. 62 |
---|