HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1509 Pub. Rec./School Guardians
SPONSOR(S): State Affairs Committee, Judiciary Committee, Trabulsy
TIED BILLS: CS/CS/HB 1473 IDEN./SIM. BILLS: SB 7056
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Judiciary Committee 21 Y, 0 N, As CS Wolff Kramer
2) State Affairs Committee 21 Y, 0 N, As CS Rando Williamson
3) Education & Employment Committee
SUMMARY ANALYSIS
Current law requires district school boards and school district superintendents to partner with law enforcement
or security agencies to establish or assign one or more safe-school officers at each school facility within the
district, including charter schools. A safe-school officer may be a school resource officer, school safety officer,
school guardian, or a school security guard. Each safe-school officer must meet specified training and eligibility
requirements and be certified for a specified safe-school officer position. Documentation of a person’s training
and certification as a safe-school officer is maintained by the sheriff, school district, or charter school. Current
law also provides a public record exemption for information held by a law enforcement agency, school district,
or charter school that would identify whether a person has been appointed as a safe-school officer, and,
similarly, provides a public record exemption for any information held by a law enforcement agency that may
identify whether a particular individual has been assigned as a safe-school officer at a private school.
CS/CS/HB 1473 (2024), to which this bill is linked, requires a sheriff’s office that certifies individuals to serve as
school guardians, and school districts, charter schools, and private schools that appoint school guardians, to
report specified information to the Florida Department of Law Enforcement (FDLE). Based on these reports,
the FDLE must maintain a list of each person who is appointed as a school guardian, including the school
guardian’s name, the date on which he or she was certified as a school guardian, and the date on which he or
she was appointed a school guardian, including the name of the school to which the guardian is appointed,
and, as applicable, the date his or her appointment as a school guardian ended.
This bill creates a public record exemption for any information held by the FDLE, a law enforcement agency, a
school district, or a charter school that would identify whether an individual has been certified to serve as a
school guardian. The bill provides a statement of public necessity as required by the Florida constitution. The
bill provides that the exemption is subject to the Open Government Sunset Review Act and will stand repealed
on October 2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
The bill does not appear to have a fiscal impact on the state or local governments.
The bill provides an effective date that is contingent upon the passage of CS/CS/HB 1473.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record exemption. The bill creates a
public record exemption; thus, it requires a two-thirds vote for final passage.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
The Florida Constitution sets forth the state’s public policy regarding access to government records,
guaranteeing every person a right to inspect or copy any public record of the legislative, executive, and
judicial branches of government.1 The Legislature, however, may provide by general law an exemption2
from public record requirements provided that the exemption passes by a two-thirds vote, states with
specificity the public necessity justifying the exemption, and is no broader than necessary to meet its
public purpose.3
Current law also addresses the public policy regarding access to government records by guaranteeing
every person a right to inspect and copy any state, county, or municipal record, unless the record is
exempt.4 Furthermore, the Open Government Sunset Review (OGSR) Act 5 provides that a public
record exemption may be created, revised, or maintained only if it serves an identifiable public purpose
and the “Legislature finds that the purpose is sufficiently compelling to override the strong public policy
of open government and cannot be accomplished without the exemption.” 6 An identifiable public
purpose is served if the exemption meets one of the following purposes:
 Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
 Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
 Protect trade or business secrets.7
Pursuant to the OGSR Act, a new public record exemption, or the substantial amendment of an existing
public record exemption, is repealed on October 2nd of the fifth year following enactment, unless the
Legislature reenacts the exemption.8
Safe-school Officers
District school boards and school district superintendents are required to partner with law enforcement
or security agencies to establish or assign one or more safe-school officers at each school facility within
the district, including charter schools. To assist charter schools with fulfilling this requirement, a district
school board must collaborate with charter school governing boards to facilitate charter school access
to all safe-school officer options.9
1 Art. I, s. 24(a), FLA. CONST.
2 A “public record exemption” means a provision of general law which provides that a specified record, or portion thereof, is n ot subject
to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
3 Art. I, s. 24(c), FLA. C ONST.
4 See s. 119.01, F.S.
5 Section 119.15, F.S.
6 Section 119.15(6)(b), F.S.
7 Id.
8 Section 119.15(3), F.S.
9 S. 1006.12, F.S.
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 A safe-school officer may be a school resource officer, school safety officer, school guardian, or a
school security guard. A school district may implement any combination of the following options based
upon the needs of the school district and may:10
 Establish a school resource officer program through a cooperative agreement with law
enforcement agencies. A school resource officer is a certified law enforcement officer 11 who is
employed by a law enforcement agency and is required to undergo criminal background checks,
drug testing, and a psychological evaluation.12 School resource officers abide by school board
policies and consult with and coordinate activities through the school principal. They are
responsible to the law enforcement agency in all matters relating to employment, subject to
agreements between a school board and a law enforcement agency. Activities conducted by the
school resource officer, which are part of the regular instructional program of the school, are
under the principal's direction.13
 Commission one or more school safety officers as recommended by the district school
superintendent and appointed by the district school board. A school safety officer is a certified
law enforcement officer who may be employed by a district school board or law enforcement
agency and is required to undergo criminal background checks, drug testing, and a
psychological evaluation. A school safety officer has and must exercise the power to make
arrests for violations of law on school board property or on property owned or leased by a
charter school under a charter contract. The officer may also make arrests off school board
property if the law violation occurred on such property and may carry weapons when performing
his or her official duties. A school safety officer’s salary may be paid jointly by the school board
and the law enforcement agency, as mutually agreed. 14
 Appoint a school guardian under the Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel
Guardian Program who is certified by the sheriff after completing a psychological evaluation,
drug testing, and specified training, which includes firearm instruction. A guardian may be a
school district employee or charter school employee who volunteers to serve as a guardian, in
support of school sanctioned activities, in addition to his or her official job duties. A qualifying
individual may also be employed specifically as a guardian. 15 Guardians do not have arrest
powers.16
 Contract with a security agency to employ a school security guard. A school security guard is an
individual who is employed by a security agency and serves in a school facility as a safe-school
officer in support of school sanctioned activities. Security guards are required to hold a
concealed carry weapon permit and undergo drug testing and a psychological evaluation. An
individual serving in this capacity must complete guardian program training, including 144
training hours.17 A security guard must aid in the prevention or abatement of active assailant
incidents on school premises,18 but does not have arrest powers.19
A school district contract with a security agency must define the entity or entities responsible for training
and the responsibilities for maintaining records relating to training, inspection, and firearm
qualification.20
All safe-school officers are required to receive mental health crisis intervention training. Safe-school
officers who are sworn law enforcement officers must complete such training using a curriculum
developed by a national organization with expertise in the topic. The training must improve the safe-
school officers’ knowledge and skills as a first responder related to incidents involving students with
emotional disturbance or mental illness, including de-escalation skills. Safe-school officers who are not
10 S. 1006.12(1)–(4), F.S.
11 See s. 943.10(1), F.S.
12 S. 1006.12(1)(a), F.S.
13 S. 1006.12(1)(b), F.S.
14 S. 1006.12(2), F.S.
15 S. 1006.12(3), F.S.
16 S. 30.15(1)(k), F.S.
17 S. 1006.12(4), F.S.
18 S. 1006.12(4)(c), F.S.
19 S. 30.15(1)(k), F.S.
20 S. 1006.12(4)(b), F.S.
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 sworn law enforcement officers must receive training to improve their knowledge and skills related to
incident response and de-escalation.21
A district school superintendent or charter school administrator, or designee, must notify the county
sheriff and the Office of Safe Schools (OSS) within 72 hours after a safe-school officer is dismissed for
misconduct, is disciplined, or discharged a firearm in the exercise of duties during a non-training
incident.22 The OSS must annually publish certain information about safe-school officers, including the
total number of officers, officers disciplined or relieved of duty due to misconduct, disciplinary incidents,
and incidents in which a safe-school officer discharged his or her firearm outside of a training situation
or in the course of duty.23
Florida law provides a public record exemption for any information 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.24
Under Florida law, it is a third-degree felony to falsely impersonate a school guardian or a law
enforcement officer or licensed security officer acting in the capacity of a safe-school officer. 25
Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program
The Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program (Guardian Program)
authorizes qualified school personnel to serve as an armed guard to aid in the prevention or abatement
of active assailant incidents on school premises.26
A school district or charter school employee may serve as a guardian if the individual is appointed by
the district school superintendent or charter school principal and is certified by a sheriff. The individual
must satisfy the following requirements:
 Hold a concealed weapons or concealed firearms license.
 Pass a psychological evaluation administered by a licensed psychologist.
 Pass an initial drug test and subsequent random drug tests.
 Successfully complete a 144-hour training program that includes at least 12 hours of a certified,
nationally recognized diversity training program and 132 total hours of specified, comprehensive
firearm safety and proficiency training conducted by the Criminal Justice Standards and Training
Commission-certified instructors, and ongoing training, weapon inspection, and firearm
qualification on at least an annual basis.27
An individual must satisfy the background screening, psychological evaluation, and drug testing
requirements prior to participating in the required guardian training. All training for the Guardian
Program must be conducted by a sheriff.28
A county sheriff must establish a program if the district school board elects to participate. The sheriff
may contract with another county sheriff who has already established a program to provide training.
Charter school governing boards may directly request guardian training from the county sheriff even if
the school district decides not to participate. Should the sheriff deny the request, the charter school
may contract with a county sheriff who is willing to provide the training.29
21 S. 1006.12(6), F.S.
22 S. 1006.12(5), F.S.
23 S. 1001.212(15), F.S.
24 Ss. 1006.12(8) and 1002.42(18)(c), F.S.
25 S. 843.08, F.S. A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.
26 S. 30.15(1)(k), F.S.
27 S. 30.15(1)(k)2, F.S.
28 S. 1006.12(7), F.S.
29 S. 30.15(1)(k)1.b., F.S.
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 A sheriff who establishes a program may consult with the Florida Department of Law Enforcement
(FDLE) on programmatic guiding principles, practices, and resources to assist in the development and
implementation of the Guardian Program.30
A school guardian has no authority to act in any law enforcement capacity except to the extent
necessary to prevent or abate an active assailant incident on school premises. 31 The sheriff who
conducts the guardian training must issue a school guardian certificate to individuals who meet the
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.32
The guardian training specified in statute is the statewide standard that must be used; however, sheriffs
may supplement such training. A guardian that has received the required training cannot be required to
repeat the training unless there has been at least a one-year break in her or his employment as a
guardian.33
Safe-school Officers in Private Schools
In 2023, the Legislature expanded the Guardian Program by authorizing private schools to partner with
a law enforcement or security agency to establish or assign a safe-school officer to their schools.34 The
private school is responsible for any training costs associated with implementing a school guardian
program and must comply with the same statutory requirements for such officers as school districts and
charter schools.35
If the county in which a private school operates does not currently participate in the Guardian Program,
the private school may request the sheriff to initiate a Guardian Program for the purpose of training
private school employees.36 If the local sheriff declines, the private school may contract with a sheriff of
a county that has implemented a Guardian Program to provide the necessary training.37 The private
school is responsible for notifying the local sheriff prior to entering into such a contract and is
responsible for all costs associated with the training of private school employees to serve as
guardians.38 The sheriff providing guardian training