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Gov. Rick Scott Signs Marjory Stoneman Douglas High School Public Safety Act

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Invests More Than $400 Million in School Safety and Mental Health

Following a meeting with the families of victims of the shooting at Marjory Stoneman Douglas High School, Governor Rick Scott today signed SB 7026, the Marjory Stoneman Douglas High School Public Safety Act. This legislation makes significant reforms to make Florida schools safer, while keeping firearms out of the hands of mentally ill and dangerous individuals. To view the Governor’s major action plan, which was announced on February 23rd, click HERE.

Governor Scott’s full remarks as prepared for delivery upon the signing of SB 7026 are available HERE.

The Marjory Stoneman Douglas High School Public Safety Act includes the following provisions: 

Keeping Guns Away from Dangerous and Violent Individuals

  • Creates “Risk Protection Orders,” which allows a court to prohibit a violent or mentally ill individual from purchasing or possessing a firearm or any other weapon. If a law enforcement officer believes that a person poses a danger to themselves or others by possessing a firearm, they can petition a court to have the individual immediately surrender the firearm and prohibit them from possessing or purchasing firearms;
  • Allows law enforcement to seize firearms when a person has been detained under the “Baker Act.” Also prohibits a person who has been “adjudicated mentally defective” or who has been “committed to a mental institution” from owning or possessing a firearm;
  • Requires all individuals purchasing firearms to be 21-years-old or older. Exceptions are included for the purchase of rifles and shotguns by law enforcement officers, correctional officers, active duty military members and all members of the Florida National Guard and United States Reserve Forces. Also, licensed firearm dealers are prohibited from selling or transferring any firearm to a person younger than 21 years of age;
  • Establishes enhanced criminal penalties for individuals who make threats to schools, such as social media threats of shootings or bombings;
  • Bans sale or possession of bump stocks; and
  • Creates a three-day waiting period for all firearms sales. This does not apply to law enforcement officers, correctional officers, active duty military members or members of the Florida National Guard or United States Reserve Forces who are purchasing a rifle or shotgun. The waiting period does not apply to the purchase of a rifle or shotgun for those who have completed a hunter safety course and possess a hunter safety identification card, or anyone who is exempt from the hunter safety course requirements and holds a valid Florida hunting license.

$400 Million Investment to Keep Students Safe & Enhance Mental Health Treatment 

  • Provides $162 million for safe-school officers and requires a safe-school officer at each school in the state. Safe-school officers must be sworn law enforcement officers;
  • Creates the Coach Aaron Feis Guardian Program under the purview of locally-elected sheriff’s offices. Participation in this program is 100 percent voluntary and optional and does not allow classroom teachers to carry firearms with exceptions made for those involved in Junior Reserve Officer Training Corps (JROTC), current or retired armed service members and current or retired law enforcement officers. Participation in the Coach Aaron Feis Guardian Program must be agreed upon by the locally elected school board members and the local sheriff’s office. Each member of school personnel must complete 132 hours of comprehensive firearm safety and proficiency training to be eligible for participation in the Coach Aaron Feis Guardian Program;
  • Requires mandatory active shooter training in schools every semester. Students, district school safety specialists, threat assessment teams, faculty, staff and designated first responders must participate in these drills;
  • Provides $99 million to address specific school safety needs within each school district. This includes school hardening measures such as metal detectors, bulletproof glass, steel doors and upgraded locks. The Florida Department of Education (DOE) will establish the Office of Safe Schools and will work in consultation with sheriffs and police chiefs to approve school safety plans and provide school hardening grants to school districts;
  • Increases the sharing of information between sheriff’s offices, the Florida Department of Juvenile Justice (DJJ), the Florida Department of Children and Families (DCF), the Florida Department of Law Enforcement (FDLE) and any community behavioral health providers to better coordinate services and provide prevention or intervention strategies. In addition to the legislation, the Governor will also direct DCF Secretary Mike Carroll to establish a process between DCF and each sheriff’s office in Florida to better collaborate and coordinate services for those most in need;
  • Establishes a new, anonymous K-12 “FortifyFL” suspicious activity reporting tool, which would allow students and members of the community to anonymously report dangerous threats through a mobile app;
  • Provides $75 million for dedicated mental health counselors to provide direct counseling services to students and youth mental health assistance training. Every student in Florida will have access to a mental health counselor;
  • Requires every school in Florida to have a threat assessment team with expertise in mental health counseling, academic instruction, law enforcement and school administration to meet monthly to review any potential threats to students and staff at the school;
  • Requires crisis intervention training for all school resource officers;
  • Establishes the Marjory Stoneman Douglas High School Public Safety Commission to investigate system failures in the Parkland school shooting and prior mass violence incidents and develop recommendations for system improvements; and
  • Provides $28 million to expand mental health service teams statewide to serve youth and young adults with early or serious mental illness by providing counseling, crisis management and other critical mental health services.

To view the transmittal letters, click HERE.

Marjory Stoneman Douglas High School Public Safety Act Signed Into Law

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Critical public safety legislation establishes
safeguards designed to enhance safety in schools

Florida Governor Rick Scott today signed Senate Bill 7026, The Marjory Stoneman Douglas High School Public Safety Act. The legislation represents a comprehensive approach to addressing the issues presented by the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, including firearm and school safety, and community mental health resources.

“I am pleased to see this comprehensive public safety legislation become law today. The Florida Legislature and Governor Scott worked diligently in the days following this horrific shooting to seek input from survivors and their families, as well as concerned citizens across the state,” said Florida Senate President Joe Negron (R-Stuart). “We can never replace the 17 lives lost at Marjory Stoneman Douglas High School, but in their memory we can, and through this legislation we will, do more to prevent a senseless tragedy like this from ever happening again.”

“The safety of our children is the top priority for all of us in public service. I appreciate the hard work of my colleagues and Governor Scott as we crafted an immediate plan of action to identify where the gaps exist in funding and policy for firearm and school safety, as well as community mental health resources,” said Senator Bill Galvano (R-Bradenton) who authored Senate Bill 7026. “The advice of survivors and the family members of the victims played a key role in the development of this legislation, and I was reassured to see the families of the victims join Governor Scott to see this legislation become law today.”

A summary of The Marjory Stoneman Douglas High School Public Safety Act is below.

Mental Health

In the area of mental health the legislation makes significant changes to keep firearms out of the hands of those suffering from mental illness:

  • Authorizes a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for 24 hours after the person is released and does not have a risk protection order against them or is the subject of a firearm disability.
  • Prohibits a person who has been adjudicated mentally defective or who has been committed to a mental institution from owning or possessing a firearm until a court orders otherwise.
  • Creates a process for a law enforcement officer or law enforcement agency to petition a court for a risk protection order to temporarily prevent persons who are at high risk of harming themselves or others from accessing firearms when a person poses a significant danger to himself or herself or others, including significant danger as a result of a mental health crisis or violent behavior. The bill also:
    • Allows a court to issue a risk protection order for up to 12 months.
    • Requires the surrender of all firearms and ammunition if a risk protection order is issued.
    • Provides a process for a risk protection order to be vacated or extended.

Firearm Safety

The legislation also provides new provisions to ensure full and complete background checks when a firearm is purchased:

  • Requires a three-day waiting period for all firearms, not just handguns or until the background check is completed, whichever is later. Provides exceptions for:
  • Concealed weapons permit holders, and
  • For the purchase of firearms other than handguns, an exception for:
    • Individuals who have completed a 16 hour hunter safety course;
    • Individuals holding a valid Florida hunting license; or
    • Law enforcement officers, correctional officers and service members (military and national guard)

The bill addresses two of the most frequent requests Senators heard from the families of victims simply to raise the age for purchasing a firearm and ban devices that turn a legal firearm into an illegal weapon.

  • Prohibits a person under 21 years of age from purchasing a firearm, and prohibits licensed firearm dealers, importers, and manufacturers, from selling a firearm, except in the case of a member of the military, or a law enforcement or correctional officer when purchasing a rifle or shotgun. (Persons under 21 years of age are already prohibited from purchasing a handgun under federal law.)
  • Prohibits a bump-fire stock from being imported, transferred, distributed, sold, keeping for sale, offering for sale, possessing, or giving away within the state.

School Safety

The bill improves school safety through the following provisions:

  • Establishes the Marjory Stoneman Douglas High School Public Safety Commission to investigate system failures in the Parkland school shooting and prior mass violence incidents, and develop recommendations for system improvements.
  • Codifies the Office of Safe Schools within the Florida Department of Education (DOE) and which will service as a central repository for the best practices, training standards, and compliance regarding school safety and security.
  • Permits a sheriff to establish a Coach Aaron Feis Guardian Program.
    • The legislation allows school districts to decide whether to participate in the guardian program if it is available in their county.
    • A guardian must complete 132 hours of comprehensive firearm safety and proficiency training, pass psychological evaluation, submit to and pass drug tests; and complete certified diversity training. The guardian program is named after Coach Aaron Feis, who lost his life protecting students during the shooting at Marjory Stoneman Douglas High School. The guardian program is completely voluntary for a sheriff to establish, for a school district to participate, and for an individual to volunteer.
    • Individuals who exclusively perform classroom duties as classroom teachers are excluded from participating in a Coach Aaron Feis Guardian Program. However, this limitation does not apply to classroom teachers of a Junior Reserve Officers’ Training Corps program; a current service member; and a current or former law enforcement officer.
  • Requires each district school board and school district superintendent to cooperate with law enforcement agencies to assign one or more safe-school officers at each school facility.  The safe-school officer requirement can be satisfied by appointing any combination of a school resource officer, a school safety officer, or a school guardian.
  • Requires each district school board to designate a district school safety specialist to serve as the district’s primary point of public contact for public school safety functions.
  • Requires each school district to designate school safety specialists and a threat assessment team at each school, and requires the team to operate under the district school safety specialist’s direction.
  • Requires the DOE to contract for the development of a Florida Safe Schools Assessment Tool which will assist school districts in conducting security assessments to identify threats and vulnerabilities.
  • Creates the mental health assistance allocation to assist school districts in establishing or expanding school-based mental health care.

The legislation also:

  • Prohibits a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism.
  • Requires DCF to contract for community action treatment teams to provider behavioral health and support services.
  • Requires FDLE to procure a mobile app that would allow students and the community to relay information anonymously concerning unsafe, dangerous threats. The students of Marjory Stoneman Douglass recommended that the program be named “FortifyFL”

Funding

The legislation appropriates $400 million to implement the bill provisions, including the following:

  • Over $69 million to the DOE to fund the mental health assistance allocation.
  • $1 million for the design and construction of a memorial honoring those who lost their lives on February 14, 2018, at Marjory Stoneman Douglas High School.
  • Over $25 million for replacing building 12 at Marjory Stoneman Douglas High School.
  • Over $67 million for sheriff’s offices who decide to establish a school guardian program.
  • Over $97 million to aid for the safe schools allocation.
  • Over $98 million to implement a grant program for improving and hardening the physical security of school buildings.
  • $18.3 million to DCF for additional mobile crisis teams to ensure reasonable access among all counties.

Senate Passes Marjory Stoneman Douglas High School Public Safety Act

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Critical public safety legislation establishes
safeguards designed to enhance safety in schools

The Florida Senate today passed Senate Bill 7026, The Marjory Stoneman Douglas High School Public Safety Act. The legislation represents a comprehensive approach to addressing the issues presented by the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, including firearm and school safety, and community mental health resources.

“The opportunity to meet with and listen to survivors of the Marjory Stoneman Douglas High School shooting as well as the families of the victims has had a tremendous impact on each and every Senator and has significantly influenced the development of this important legislation,” said Senator Bill Galvano (R-Bradenton) who presented Senate Bill 7026 today. “We are listening. The Senate hears you and we are taking the appropriate steps to help ensure that a senseless tragedy like this never happens again.”

“We can never replace the 17 lives that were lost at Marjory Stoneman Douglas High School, and we can never erase the traumatic experience that lives on in the memories of those who survived this horrific attack. However, we will do everything we can to address the failure of government to effectively address the numerous warning signs that should have identified the perpetrator as a danger to others. We can and we will increase the resources available to identify and treat those suffering from mental illness, improve the safety and security of our schools, and ensure those suffering from mental illness do not have access to firearms,” said Senate President Joe Negron (R-Stuart).

A summary of The Marjory Stoneman Douglas High School Public Safety Act is below.

Mental Health

In the area of mental health the legislation makes significant changes to keep firearms out of the hands of those suffering from mental illness:

  • Authorizes a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for 24 hours after the person is released and does not have a risk protection order against them or is the subject of a firearm disability.
  • Prohibits a person who has been adjudicated mentally defective or who has been committed to a mental institution from owning or possessing a firearm until a court orders otherwise.
  • Creates a process for a law enforcement officer or law enforcement agency to petition a court for a risk protection order to temporarily prevent persons who are at high risk of harming themselves or others from accessing firearms when a person poses a significant danger to himself or herself or others, including significant danger as a result of a mental health crisis or violent behavior. The bill also:
    • Allows a court to issue a risk protection order for up to 12 months.
    • Requires the surrender of all firearms and ammunition if a risk protection order is issued.
    • Provides a process for a risk protection order to be vacated or extended.

 

Firearm Safety

The legislation also provides new provisions to ensure full and complete background checks when a firearm is purchased:

  • Requires a three-day waiting period for all firearms, not just handguns or until the background check is completed, whichever is later. Provides exceptions for:
  • Concealed weapons permit holders, and
  • For the purchase of firearms other than handguns, an exception for:
    • Individuals who have completed a 16 hour hunter safety course;
    • Individuals holding a valid Florida hunting license; or
    • Law enforcement officers, correctional officers and service members (military and national guard)

The bill addresses two of the most frequent requests Senators heard from the families of victims simply to raise the age for purchasing a firearm and ban devices that turn a legal firearm into an illegal weapon.

  • Prohibits a person under 21 years of age from purchasing a firearm, and prohibits licensed firearm dealers, importers, and manufacturers, from selling a firearm, except in the case of a member of the military, or a law enforcement or correctional officer when purchasing a rifle or shotgun. (Persons under 21 years of age are already prohibited from purchasing a handgun under federal law.)
  • Prohibits a bump-fire stock from being imported, transferred, distributed, sold, keeping for sale, offering for sale, possessing, or giving away within the state.

 

School Safety

The bill improves school safety through the following provisions:

  • Establishes the Marjory Stoneman Douglas High School Public Safety Commission to investigate system failures in the Parkland school shooting and prior mass violence incidents, and develop recommendations for system improvements.
  • Codifies the Office of Safe Schools within the Florida Department of Education (DOE) and which will service as a central repository for the best practices, training standards, and compliance regarding school safety and security.
  • Permits a sheriff to establish a Coach Aaron Feis Guardian Program.
    • The legislation allows school districts to decide whether to participate in the guardian program if it is available in their county.
    • A guardian must complete 132 hours of comprehensive firearm safety and proficiency training, pass psychological evaluation, submit to and pass drug tests; and complete certified diversity training. The guardian program is named after Coach Aaron Feis, who lost his life protecting students during the shooting at Marjory Stoneman Douglas High School. The guardian program is completely voluntary for a sheriff to establish, for a school district to participate, and for an individual to volunteer.
    • Individuals who exclusively perform classroom duties as classroom teachers are excluded from participating in a Coach Aaron Feis Guardian Program. However, this limitation does not apply to classroom teachers of a Junior Reserve Officers’ Training Corps program; a current service member; and a current or former law enforcement officer.
  • Requires each district school board and school district superintendent to cooperate with law enforcement agencies to assign one or more safe-school officers at each school facility.  The safe-school officer requirement can be satisfied by appointing any combination of a school resource officer, a school safety officer, or a school guardian.
  • Requires each district school board to designate a district school safety specialist to serve as the district’s primary point of public contact for public school safety functions.
  • Requires each school district to designate school safety specialists and a threat assessment team at each school, and requires the team to operate under the district school safety specialist’s direction.
  • Requires the DOE to contract for the development of a Florida Safe Schools Assessment Tool which will assist school districts in conducting security assessments to identify threats and vulnerabilities.
  • Creates the mental health assistance allocation to assist school districts in establishing or expanding school-based mental health care.

The legislation also:

  • Prohibits a person from making, posting, or transmitting a threat to conduct a mass shooting or an act of terrorism.
  • Requires DCF to contract for community action treatment teams to provider behavioral health and support services.
  • Requires FDLE to procure a mobile app that would allow students and the community to relay information anonymously concerning unsafe, dangerous threats. The students of Marjory Stoneman Douglass recommended that the program be named “FortifyFL”

 

Funding

The legislation appropriates $400 million to implement the bill provisions, including the following:

  • Over $69 million to the DOE to fund the mental health assistance allocation.
  • $1 million for the design and construction of a memorial honoring those who lost their lives on February 14, 2018, at Marjory Stoneman Douglas High School.
  • Over $25 million for replacing building 12 at Marjory Stoneman Douglas High School.
  • Over $67 million for sheriff’s offices who decide to establish a school guardian program.
  • Over $97 million to aid for the safe schools allocation.
  • Over $98 million to implement a grant program for improving and hardening the physical security of school buildings.
  • $18.3 million to DCF for additional mobile crisis teams to ensure reasonable access among all counties.

Senate Committee Advances Marjory Stoneman Douglas High School Public Safety Act

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Senate Committee on Rules Passes Critical Public Safety Legislation

The Florida Senate Committee on Rules, chaired by Senator Lizbeth Benacquisto (R-Ft. Myers) today passed Senate Bill 7026, The Marjory Stoneman Douglas High School Public Safety Act. The legislation represents a comprehensive approach to addressing the issues presented by the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, including firearm and school safety, and community mental health resources.

“Just 12 days ago 17 of our fellow citizens lost their lives and 14 more of our citizens were seriously injured. The victims of the mass shooting at Marjory Stoneman Douglas High School did nothing more than get up on an ordinary day and go to school and work the way they had done thousands of times before,” said Senator Bill Galvano (R-Bradenton), who presented Senate Bill 7026 today. “This legislation provides law enforcement, the courts, and schools with the tools necessary to enhance public and school safety and will enhance coordination between education and law enforcement entities at the state and local levels to help prevent a tragedy like this from ever happening again.”

“Nothing we will do in the State Legislature will fill the void created in the families of the victims, their school, or their community. However, this comprehensive legislation will honor their memory by helping to ensure every community across the state has the resources needed to identify and treat those suffering from mental illness, to improve the safety and security of local schools, and to ensure those suffering from mental illness do not have access to firearms,” said Senate President Joe Negron (R-Stuart).

A summary of the Marjory Stoneman Douglas High School Public Safety Act as passed by the Senate Committee on Rules is below.

Mental Health:

  • Authorizes a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for at least 72 hours, or until the person appears at the agency to retrieve the firearm or ammunition.
  • Prohibits a person who has been adjudicated mentally defective or who has been committed to a mental institution from owning or possessing a firearm until a court orders otherwise.
  • Creates a process for a law enforcement officer or law enforcement agency to petition a court for a risk protection order to temporarily prevent persons who are at high risk of harming themselves or others from accessing firearms when a person poses a significant danger to himself or herself or others, including significant danger as a result of a mental health crisis or violent behavior.
  • Provides a court can issue a risk protection order for up to 12 months.
  • Requires the surrender of all firearms and ammunition if a risk protection order is issued.
  • Provides a process for a risk protection order to be vacated or extended.
  • Codifies the Multiagency Service Network for Students with Severe Emotional Disturbance (SEDNET) as a function of the DOE in partnership with other state, regional, and local entities to facilitate collaboration and communication between the specified entities.
  • Creates the mental health assistance allocation to provide supplemental funding to assist school districts and charter schools in establishing or expanding comprehensive mental health programs, and to connect students and families with appropriate services.

Firearms Safety:

  • Requires a three-day waiting period for all firearms, not just handguns, or until the background check is completed, whichever is later. Provides exceptions for:
    • Concealed weapons permit holders, and
    • For firearms other than handguns, an exception for individuals who have completed a 16 hour hunter safety course.
  • Prohibits a person under 21 years of age from purchasing a firearm, and a licensed firearm dealers, importers, and manufacturers, from selling a firearm, except in the case of a member of the military, or a law enforcement or correctional officer.
  • Prohibits a bump-fire stock from being imported, transferred, distributed, transported, sold, keeping for sale, offering or exposing for sale, or giving away within the state.

School Safety:

  • Establishes the Commission on School Safety and Security within the Florida Department of Law Enforcement to investigate system failures in the Parkland school shooting and prior mass shooting events, and develop recommendations for system improvements.
  • Codifies the Office of Safe Schools (office) within the Florida Department of Education (DOE), and specifies purpose for the office is to serve as the state education agency’s primary coordinating division for promoting and supporting safe-learning environments.
  • Creates the Florida Sheriff’s Marshal Program within the DOE as a voluntary program to assist school districts and public schools in enhancing the safety and security of students, faculty, staff, and visitors to Florida’s public schools and campuses.
  • Establishes the Public School Emergency Response Learning System Program to assist school personnel in preparing for and responding to active emergency situations, and to implement local notification systems for all Florida public schools.
  • Requires each district school board and school district superintendent to cooperate with law enforcement agencies to assign one or more safe-school officers at each school facility, and:
    • Requires each district school board to designate a district school safety specialist to serve as the district’s primary point of public contact for public school safety functions.
    • Requires each school district to designate school safety specialists and a threat assessment team at each school, and requires the team to operate under the district school safety specialist’s direction.
  • Clarifies the applicability of public records exemptions for security systems and plans to give confidence that video footage that could reveal the location and capabilities of security cameras is exempt from public records.