School Safety

30.15 Powers, duties, and obligations.—

(1) Sheriffs, in their respective counties, in person or by deputy, shall:

(k) Assist district school boards and charter school governing boards in complying with, or private schools or child care facilities, as defined in s. 402.302, in exercising options in, s. 1006.12. A sheriff shall, at a minimum, provide access to a 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, as required under this paragraph. Persons certified as school guardians pursuant to this paragraph have no authority to act in any law enforcement capacity except to the extent necessary to prevent or abate an active assailant incident.

1.a. If a local school board has voted by a majority to implement a guardian program or has contracted for the use of school security guards to satisfy the requirements of s. 1006.12, the sheriff in that county must establish a guardian program to provide training for school guardians or school security guards, pursuant to subparagraph 2., to school district, charter school, private school, child care facility, or security agency employees, either directly or through a contract with another sheriff's office that has established a guardian program. The security agency employing a school security guard is responsible for all training and screening-related costs for a school security guard, but such charges may not exceed the actual cost incurred by the sheriff to provide the training.

b. A charter school governing board in a school district that has not voted, or has declined, to implement a guardian program may request the sheriff in the county to establish a guardian program for the purpose of training the charter school employees or school security guards consistent with the requirements of subparagraph 2. If the county sheriff denies the request, the charter school governing board may contract with a sheriff that has established a guardian program to provide such training. The charter school governing board must notify the superintendent and the sheriff in the charter school's county of the contract prior to its execution. The security agency employing a school security guard is responsible for all training and screening-related costs for a school security guard, but such charges may not exceed the actual cost incurred by the sheriff to provide the training.

c. A private school or child care facility in a school district that has not voted, or has declined, to implement a guardian program may request that the sheriff in the county of the private school or child care facility establish a guardian program for the purpose of training private school employees, child care facility employees, or school security guards. If the county sheriff denies the request, the private school or child care facility may contract with a sheriff from another county who has established a guardian program under subparagraph 2. to provide such training. The private school or child care facility must notify the sheriff in the private school's or child care facility's county of the contract with a sheriff from another county before its execution. The private school, child care facility, or security agency is responsible for all training and screening-related costs for a school guardian program. The sheriff providing such training must ensure that any moneys paid by a private school, child care facility, or security agency are not commingled with any funds provided by the state to the sheriff as reimbursement for screening-related and training-related costs of any school district or charter school employee.

d. The training program required in sub-subparagraph 2.b. is a standardized statewide curriculum, and each sheriff providing such training shall adhere to the course of instruction specified in that sub-subparagraph. This subparagraph does not prohibit a sheriff from providing additional training. A school guardian or school security guard who has completed the training program required in sub-subparagraph 2.b. may not be required to attend another sheriff's training program pursuant to that sub-subparagraph unless there has been at least a 1-year break in his or her appointment as a guardian or employment by a security agency as a school security guard in a school.

e. The sheriff conducting the training pursuant to subparagraph 2. for school district and charter school employees will be reimbursed for screening-related and training-related costs and for providing a one-time stipend of $500 to each school guardian who participates in the school guardian program.

f. The sheriff may waive the training and screening-related costs for a private school or child care facility for a school guardian program. Funds provided pursuant to sub-subparagraph e. may not be used to subsidize any costs that have been waived by the sheriff. The sheriff may not waive the training and screening-related costs required to be paid by a security agency for initial training or ongoing training of a school security guard.

g. A person who is certified and in good standing under the Florida Criminal Justice Standards and Training Commission, who meets the qualifications established in s. 943.13, and who is otherwise qualified for the position of a school guardian or school security guard may be certified as a school guardian or school security guard by the sheriff without completing the training requirements of sub-subparagraph 2.b. However, a person certified as a school guardian or school security guard under this sub-subparagraph must meet the requirements of sub-subparagraphs 2.c.-e.

2. A sheriff who establishes a program shall consult with the Department of Law Enforcement on programmatic guiding principles, practices, and resources, and shall certify as school guardians, without the power of arrest, school employees, as specified in s. 1006.12(3), or shall certify as school security guards those persons employed by a security agency who meet the criteria specified in s. 1006.12(4), and who:

a. Hold a valid license issued under s. 790.06 or are otherwise eligible to possess or carry a concealed firearm under chapter 790.

b. After satisfying the requirements of s. 1006.12(7), complete a 144-hour training program, consisting of 12 hours of training to improve the school guardian's knowledge and skills necessary to respond to and de-escalate incidents on school premises and 132 total hours of comprehensive firearm safety and proficiency training conducted by Criminal Justice Standards and Training Commission-certified instructors, which must include:

(I) Eighty hours of firearms instruction based on the Criminal Justice Standards and Training Commission's Law Enforcement Academy training model, which must include at least 10 percent but no more than 20 percent more rounds fired than associated with academy training. Program participants must achieve an 85 percent pass rate on the firearms training.

(II) Sixteen hours of instruction in precision pistol.

(III) Eight hours of discretionary shooting instruction using state-of-the-art simulator exercises.

(IV) Sixteen hours of instruction in active shooter or assailant scenarios.

(V) Eight hours of instruction in defensive tactics.

(VI) Four hours of instruction in legal issues.

c. Pass a psychological evaluation administered by a psychologist licensed under chapter 490 and designated by the Department of Law Enforcement and submit the results of the evaluation to the sheriff's office. The Department of Law Enforcement is authorized to provide the sheriff's office with mental health and substance abuse data for compliance with this paragraph.

d. Submit to and pass an initial drug test and subsequent random drug tests in accordance with the requirements of s. 112.0455 and the sheriff's office.

e. Successfully complete ongoing training, weapon inspection, and firearm qualification on at least an annual basis.

The sheriff who conducts the guardian training or waives the training requirements for a person under sub-subparagraph 1.g. shall issue a school guardian certificate to persons who meet the requirements of this section to the satisfaction of the sheriff, and shall 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. A person who is certified under this paragraph may serve as a school guardian under s. 1006.12(3) only if he or she is appointed by the applicable school district superintendent, charter school principal, private school head of school, or child care facility owner. A sheriff who conducts the training for a school security guard or waives the training requirements for a person under sub-subparagraph 1.g. and determines that the school security guard has met all the requirements of s. 1006.12(4) shall issue a school security guard certificate to persons who meet the requirements of this section to the satisfaction of the sheriff and shall maintain documentation of weapon and equipment inspections, training, certification, and qualification records for each school security guard certified by the sheriff.

3.a. Within 30 days after issuing a school guardian or school security guard certificate, the sheriff who issued the certificate must report to the Department of Law Enforcement the name, date of birth, and certification date of the school guardian or school security guard.

b. By February 1 and September 1 of each school year, each school district, charter school, employing security agency, private school, and child care facility must report in the manner prescribed to the Department of Law Enforcement the name, date of birth, and appointment date of each person appointed as a school guardian or employed as a school security guard. The school district, charter school, employing security agency, private school, and child care facility must also report in the manner prescribed to the Department of Law Enforcement the date each school guardian or school security guard separates from his or her appointment as a school guardian or employment as a school security guard in a school.

c. The Department of Law Enforcement shall maintain a list of each person appointed as a school guardian or certified as a school security guard in the state. The list must include the name and certification date of each school guardian and school security guard and the date the person was appointed as a school guardian or certified as a school security guard, including the name of the school district, charter school, private school, or child care facility in which the school guardian is appointed, or the employing security agency of a school security guard, any information provided pursuant to s. 1006.12(5), and, if applicable, the date such person separated from his or her appointment as a school guardian or the last date a school security guard served in a school as of the last reporting date. The Department of Law Enforcement shall remove from the list any person whose training has expired pursuant to sub-subparagraph 1.d.

d. Each sheriff shall report on a quarterly basis to the Department of Law Enforcement the schedule for upcoming school guardian trainings, to include guardian trainings for school security guards, including the dates of the training, the training locations, a contact person to register for the training, and the class capacity. If no trainings are scheduled, the sheriff is not required to report to the Department of Law Enforcement. The Department of Law Enforcement shall publish on its website a list of the upcoming school guardian trainings. The Department of Law Enforcement shall update such list quarterly.

e. A sheriff who fails to report the information required by this subparagraph may not receive reimbursement from the Department of Education for school guardian trainings. Upon the submission of the required information, a sheriff is deemed eligible for such funding and is authorized to continue to receive reimbursement for school guardian training.

f. A school district, charter school, private school, child care facility, or employing security agency that fails to report the information required by this subparagraph is prohibited from operating a school guardian program or employing school security guards in the following school year unless the missing information is provided.

g. By March 1 and October 1 of each school year, the Department of Law Enforcement shall notify the Department of Education of any sheriff, school district, charter school, private school, or child care facility that has not complied with the reporting requirements of this subparagraph.

h. The Department of Law Enforcement may adopt rules to implement the requirements of this subparagraph, including requiring additional reporting information only as necessary to uniquely identify each school guardian and school security guard reported.

30.15 Powers, duties, and obligations.—

(1) Sheriffs, in their respective counties, in person or by deputy, shall:

(k) Assist district school boards and charter school governing boards in complying with, or private schools or child care facilities, as defined in s. 402.302, in exercising options in, s. 1006.12. A sheriff must also assist public postsecondary educational institutions, as described in s. 1000.04(3), in implementing a guardian program under s. 1006.601. A sheriff shall, at a minimum, provide access to a 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, as required under this paragraph. Persons certified as school guardians pursuant to this paragraph have no authority to act in any law enforcement capacity except to the extent necessary to prevent or abate an active assailant incident.

1.a. If a local school board has voted by a majority to implement a guardian program or has contracted for the use of school security guards to satisfy the requirements of s. 1006.12, the sheriff in that county must establish a guardian program to provide training for school guardians or school security guards, pursuant to subparagraph 2., to meet the demand for the training of school district, charter school, public postsecondary educational institution, private school, child care facility, or security agency employees, either directly or through a contract with other sheriff's offices that have established a guardian program. The security agency employing a school security guard is responsible for all training and screening-related costs for a school security guard, but such charges may not exceed the actual cost incurred by the sheriff to provide the training.

b. Upon the request of a private school, child care facility, public postsecondary educational institution, or charter school governing board in a school district that has not implemented a guardian program, the sheriff in the county must establish a guardian training program or contract with other sheriff's offices that have established a guardian training program to meet demand for the training of private school, child care facility, public postsecondary educational institution, or charter school employees or school security guards consistent with the requirements of subparagraph 2. The charter school governing board must notify the superintendent in the charter school's county of the contract prior to its execution. The security agency employing a school security guard is responsible for all training and screening-related costs for a school security guard, but such charges may not exceed the actual cost incurred by the sheriff to provide the training.

The private school, child care facility, or security agency is responsible for all training and screening-related costs for a school guardian program. The sheriff providing such training must ensure that any moneys paid by a private school, child care facility, or security agency are not commingled with any funds provided by the state to the sheriff as reimbursement for screening-related and training-related costs .

c. The training program required in sub-subparagraph 2.b. is a standardized statewide curriculum, and each sheriff providing such training shall adhere to the course of instruction specified in that sub-subparagraph. The costs for the training program shall be consistent with guidelines established by the Florida Sheriffs Association. This subparagraph does not prohibit a sheriff from providing additional training. Any additional training shall be provided at no cost to a private school, child care facility, or security agency. A school guardian or school security guard who has completed the training program required in sub-subparagraph 2.b. may not be required to attend another sheriff's training program pursuant to that sub-subparagraph unless there has been at least a 1-year break in his or her appointment as a guardian or employment by a security agency as a school security guard in a school.

d. The sheriff conducting the training pursuant to subparagraph 2. for school district, charter school, or public postsecondary educational institution employees will be reimbursed for screening-related and training-related costs and for providing a one-time stipend of $500 to each school guardian who participates in the school guardian program.

e. The sheriff may waive the training and screening-related costs for a private school or child care facility for a school guardian training program. Funds provided pursuant to sub-subparagraph e. may not be used to subsidize any costs that have been waived by the sheriff. The sheriff may not waive the training and screening-related costs required to be paid by a security agency for initial training or ongoing training of a school security guard.

f. A person who is certified and in good standing under the Florida Criminal Justice Standards and Training Commission, who meets the qualifications established in s. 943.13, and who is otherwise qualified for the position of a school guardian or school security guard may be certified as a school guardian or school security guard by the sheriff without completing the training requirements of sub-subparagraph 2.b. However, a person certified as a school guardian or school security guard under this sub-subparagraph must meet the requirements of sub-subparagraphs 2.c.-e.

2. A sheriff who establishes a program shall consult with the Department of Law Enforcement on programmatic guiding principles, practices, and resources, and shall certify as school guardians, without the power of arrest, school employees, as specified in s. 1006.12(3), or shall certify as school security guards those persons employed by a security agency who meet the criteria specified in s. 1006.12(4), and who:

a. Hold a valid license issued under s. 790.06 or are otherwise eligible to possess or carry a concealed firearm under chapter 790.

b. After satisfying the requirements of s. 1006.12(7), complete a 144-hour training program, consisting of 12 hours of training to improve the school guardian's knowledge and skills necessary to respond to and de-escalate incidents on school premises and 132 total hours of comprehensive firearm safety and proficiency training conducted by Criminal Justice Standards and Training Commission-certified instructors, which must include:

(I) Eighty hours of firearms instruction based on the Criminal Justice Standards and Training Commission's Law Enforcement Academy training model, which must include at least 10 percent but no more than 20 percent more rounds fired than associated with academy training. Program participants must achieve an 85 percent pass rate on the firearms training.

(II) Sixteen hours of instruction in precision pistol.

(III) Eight hours of discretionary shooting instruction using state-of-the-art simulator exercises.

(IV) Sixteen hours of instruction in active shooter or assailant scenarios.

(V) Eight hours of instruction in defensive tactics.

(VI) Four hours of instruction in legal issues.

c. Pass a psychological evaluation administered by a psychologist licensed under chapter 490 and designated by the Department of Law Enforcement and submit the results of the evaluation to the sheriff's office. The Department of Law Enforcement is authorized to provide the sheriff's office with mental health and substance abuse data for compliance with this paragraph.

d. Submit to and pass an initial drug test and subsequent random drug tests in accordance with the requirements of s. 112.0455 and the sheriff's office.

e. Successfully complete ongoing training, weapon inspection, and firearm qualification on at least an annual basis.

The sheriff who conducts the guardian training or waives the training requirements for a person under sub-subparagraph 1.g. shall issue a school guardian certificate to persons who meet the requirements of this section to the satisfaction of the sheriff, and shall 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. A person who is certified under this paragraph may serve as a school guardian under s. 1006.12(3) only if he or she is appointed by the applicable school district superintendent, charter school principal, public postsecondary educational institution president, private school head of school, or child care facility owner. A sheriff who conducts the training for a school security guard or waives the training requirements for a person under sub-subparagraph 1.g. and determines that the school security guard has met all the requirements of s. 1006.12(4) shall issue a school security guard certificate to persons who meet the requirements of this section to the satisfaction of the sheriff and shall maintain documentation of weapon and equipment inspections, training, certification, and qualification records for each school security guard certified by the sheriff.

3.a. Within 30 days after issuing a school guardian or school security guard certificate, the sheriff who issued the certificate must report to the Department of Law Enforcement the name, date of birth, and certification date of the school guardian or school security guard.

b. By February 1 and September 1 of each school year, each school district, charter school, employing security agency, public postsecondary educational institution, private school, and child care facility must report in the manner prescribed to the Department of Law Enforcement the name, date of birth, and appointment date of each person appointed as a school guardian or employed as a school security guard. The school district, charter school, employing security agency, public postsecondary educational institution, private school, and child care facility must also report in the manner prescribed to the Department of Law Enforcement the date each school guardian or school security guard separates from his or her appointment as a school guardian or employment as a school security guard in a school.

c. The Department of Law Enforcement shall maintain a list of each person appointed as a school guardian or certified as a school security guard in the state. The list must include the name and certification date of each school guardian and school security guard and the date the person was appointed as a school guardian or certified as a school security guard, including the name of the school district, charter school, public postsecondary educational institution, private school, or child care facility in which the school guardian is appointed, or the employing security agency of a school security guard, any information provided pursuant to s. 1006.12(5), and, if applicable, the date such person separated from his or her appointment as a school guardian or the last date a school security guard served in a school as of the last reporting date. The Department of Law Enforcement shall remove from the list any person whose training has expired pursuant to sub-subparagraph 1.d.

d. Each sheriff shall report on a quarterly basis to the Department of Law Enforcement the schedule for upcoming school guardian trainings, to include guardian trainings for school security guards, including the dates of the training, the training locations, a contact person to register for the training, and the class capacity. If no trainings are scheduled, the sheriff is not required to report to the Department of Law Enforcement. The Department of Law Enforcement shall publish on its website a list of the upcoming school guardian trainings. The Department of Law Enforcement shall update such list quarterly.

e. A sheriff who fails to report the information required by this subparagraph may not receive reimbursement from the Department of Education for school guardian trainings. Upon the submission of the required information, a sheriff is deemed eligible for such funding and is authorized to continue to receive reimbursement for school guardian training.

f. A school district, charter school, public postsecondary educational institution, private school, child care facility, or employing security agency that fails to report the information required by this subparagraph is prohibited from operating a school guardian program or employing school security guards in the following school year unless the missing information is provided.

g. By March 1 and October 1 of each school year, the Department of Law Enforcement shall notify the Department of Education of any sheriff, school district, charter school, public postsecondary educational institution, private school, or child care facility that has not complied with the reporting requirements of this subparagraph.

h. The Department of Law Enforcement may adopt rules to implement the requirements of this subparagraph, including requiring additional reporting information only as necessary to uniquely identify each school guardian and school security guard reported.

790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.—

(2)

(d) A person who

Discharges any weapon or firearm while in violation of paragraph (a), unless discharged for lawful defense of himself or herself or another or for a lawful purpose ,

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.—

(2)

(d) A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she:

1. Discharges any weapon or firearm while in violation of paragraph (a), unless discharged for lawful defense of himself or herself or another or for a lawful purpose; or

2. Discharges any weapon or firearm within 1,000 feet of a school, during school hours or during the time of a sanctioned school activity, unless discharged for lawful defense of himself or herself or another or for a lawful purpose. This subparagraph does not apply to the discharge of a weapon or firearm on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner .

(4) A person arrested for a violation of paragraph (2)(d) must be held in custody until brought before the court for admittance to bail in accordance with chapter 903.