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 Rules
BILL: CS/SB 7056
INTRODUCER: Rules Committee; Education Pre-K -12 Committee; and Senator Calatayud
SUBJECT: Public Records/School Guardians
DATE: February 22, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
Brick/Sabitsch Bouck ED Submitted as Comm. Bill/Fav
1. Brick/Sabitsch Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 7056 which is linked to the passage of SB 1356 (2024), amends s. 30.15, F.S., to create
an exemption from public records requirements for any information held by the Florida
Department of Law Enforcement (FDLE) or a law enforcement agency, school district, or charter
school and reported to FDLE as required by SB 1356 that would identify whether an individual
has been certified to serve as a school guardian. This public record exemption supports the
existing public record exemption for information that is 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 at a public school, charter school, or private school. The list,
required to be maintained by the FDLE under SB 1356, if not protected, could identify a school
guardian.
The bill provides that the public record exemption is a public necessity because disclosure of the
identity of a school guardian could affect his or her ability to adequately respond to an active
assailant situation.
The public records exemption established in 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Review Act and stands repealed on October 2, 2029, unless reviewed and saved from repeal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 will become effective on the same date that SB 1356 (2024) or similar legislation takes
effect, if such legislation is adopted in the same legislative session or an extension thereof and
becomes law.
REVISED: BILL: CS/SB 7056 Page 2
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.
1
The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.
2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, section 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.
3
Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.
4
Lastly, chapter
119, F.S., known as the Public Records Act, provides requirements for public records held by
executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.
5
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”
6
1
FLA. CONST. art. I, s. 24(a).
2
FLA. CONST. art. I, s. 24(a).
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2022-2024) and Rule 14.1, Rules of the Florida House of
Representatives, (2022-2024)
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4
th
DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980). BILL: CS/SB 7056 Page 3
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.
7
A violation of the Public Records Act may result in civil or
criminal liability.
8
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.
9
The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.
10
General exemptions from the public records requirements are contained in the Public Records
Act.
11
Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.
12
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.
13
Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.
14
Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.
15
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act
16
(the
Act), prescribe a legislative review process for newly created or substantially amended
17
public
records or open meetings exemptions, with specified exceptions.
18
The Act requires the repeal of
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST. art. I, s. 24(c).
10
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
11
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
12
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5
th
DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act. BILL: CS/SB 7056 Page 4
such exemption on October 2nd of the fifth year after creation or substantial amendment, unless
the Legislature reenacts the exemption.
19
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.
20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;
21
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;
22
or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.
23
The Act also requires specified questions to be considered during the review process.
24
In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.
25
If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.
26
Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program
Sheriffs are required to assist district school boards, charter school governing boards, and private
schools in exercising options for safe-school officers. A sheriff is required to provide access to a
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption?
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S. BILL: CS/SB 7056 Page 5
Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program to aid in the
prevention or abatement of active assailant incidents on school premises.
27
A sheriff who establishes a Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian
Program is required to consult with the Florida Department of Law Enforcement (FDLE) on
programmatic guiding principles, practices, and resources, and certify as school guardians,
school employees who:
28
Hold a license to carry a concealed weapon or concealed firearm.
Complete a 144-hour training program, consisting of 12 hours of certified nationally
recognized diversity training and 132 total hours of comprehensive firearm safety and
proficiency training conducted by Criminal Justice Standards and Training Commission-
certified instructors.
Pass a psychological evaluation.
Submit to and pass an initial drug test and subsequent random drug tests.
Successfully complete ongoing training, weapon inspection, and firearm qualification on at
least an annual basis.
The sheriff who conducts the guardian training is required to 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.
29
Safe-School Officer Requirement
Florida law requires each district school board and school district superintendent to partner with
law enforcement and security 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 and charter schools. These options include:
30
Establishing a School Resource Officer (SRO) program through a cooperative agreement
with law enforcement agencies. SROs are certified law enforcement officers.
Commissioning one or more school safety officers. School safety officers are certified law
enforcement officers who are employed by either a law enforcement agency or by the district
school board.
Participating in the Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian
Program.
Contracting with a security agency to employ as a school security guard an individual who
holds a Class “D” and Class “G” license and completes the same training and evaluation
requirements as a school guardian.
Additionally, a private school may partner with a law enforcement agency or a security agency to
establish or assign one or more safe-school officers.
31
27
Section 30.15(1)(k), F.S.
28
Section 30.15(1)(k)2., F.S.
29
Section 30.15(1)(k), F.S.
30
Section 1006.12, F.S.
31
Section 1006.12(18)(a), F.S. BILL: CS/SB 7056 Page 6
There are currently 49 counties that are participating in the Chris Hixon, Coach Aaron Feis, and
Coach Scott Beigel Guardian Program.
32
The FDLE is not directly involved with the training or
tracking of persons appointed as school guardians. The responsibility is assigned to the sheriff’s
office in each county that certifies school guardians.
33
SB 1356 School Safety (2024)
SB 1356 (2024), to which this bill is linked, adds requirements for sheriffs and employers of
school guardians to report the name, date of birth, and appointment beginning and end dates to
the FDLE. SB 1356 requires the FDLE to maintain a list that includes school guardians, the
reported information, and employment status, and remove from the list guardians with expired
training.
III. Effect of Proposed Changes:
CS/SB 7056, which is linked to the passage of SB 1356 (2024), amends s. 30.15, F.S., to create
an exemption from public records requirements for any information held by the Florida
Department of Law Enforcement (FDLE) or a law enforcement agency, school district, or charter
school and reported to the FDLE that would identify whether an individual has been certified to
serve as a school guardian. This public record exemption supports the existing public record
exemption for information that is 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 at a public school, charter school, or private school. The list, required to be maintained by
the FDLE under SB 1356, if not protected, could identify a school guardian.
The bill provides that the public record exemption is a public necessity because disclosure of the
identity of a school guardian could affect his or her ability to adequately respond to an active
assailant situation. Specifically, the bill provides that it is a public necessity that any information
held by the FDLE, any district school board, charter school governing board, or sheriff that may
identify whether a particular person is or has been certified or appointed as a school guardian be
made exempt from s. 119.07(1), F.S., and s. 24(a), Article I of the State Constitution.
The bill provides that school security and student safety are fundamental priorities in the state
and that the safety of people serving or who have served as school guardians is also an important
priority in the state. The bill states that school guardians serve a critical role as safe-school
officers and first responders, and their presence on school grounds serves as a deterrent against
incidents threatening the lives of students and school personnel.
The bill further specifies that disclosure of the identity of persons certified as school guardians
might undermine such deterrence and may 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 public disclosure of such information would also adversely affect
32
Florida Department of Education, Chris Hixon, Coach Aaron Feis, & Coach Scott Beigel Guardian Program,
https://www.fldoe.org/safe-schools/guardian-program.stml (last visited Feb. 1, 2024).
33
Florida Department of Law Enforcement, 2024 FDLE Legislative Bill Analysis for HB 1473 (Jan. 29, 2024) at 2. BILL: CS/SB 7056 Page 7
their ability to adequately respond to an active assailant incident, as an assailant might be alerted
in advance that a particular individual is certified as a school guardian.
The bill also states that school guardians who have been appointed to that position might leave
their appointment for a period of time while maintaining their certification, and, thereafter, be
reappointed at a future date. The bill provides that the safety of such persons would be
compromised if their status as school guardians became public record by virtue of their
continued certification. The bill accordingly provides that it is necessary to protect the identity of
persons certified as school guardians from public records requirements in order to effectively and
efficiently implement the purpose and intent of school guardian programs.
The public records exemption established in 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 will become effective on the same date that SB 1356 (2024) or similar legislation takes
effect, if such legislation is adopted in the same legislative session or an extension thereof and
becomes law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill enacts a new exemption for information that would
identify an individual who has been certified to serve as a school guardian, thus, the bill
requires a two-thirds vote to be enacted.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. Section 2 of the bill contains a statement of public necessity for
the exemption.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The purpose of the law is to protect information that would identify whether an individual
has been certified to serve as a school guardian. This bill exempts only information held BILL: CS/SB 7056 Page 8
by the Florida Department of Law Enforcement (FDLE) or a law enforcement agency,
school district, or charter school that would identify whether an individual has been
certified to serve as a school guardian from the public records requirements. The
exemption does not appear to be broader than necessary to accomplish the purpose of the
law.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 30.15 of the Florida Statutes. BILL: CS/SB 7056 Page 9
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 Rules on February 21, 2024:
The committee substitute clarifies that the exemption applies only to the records that may
identify whether a person has been certified as a school guardian.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.