HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7029 PCB EEG 23-10 OGSR/Marjory Stoneman Douglas High School Public Safety
Commission/Safe-School Officers
SPONSOR(S): Ethics, Elections & Open Government Subcommittee, Jacques
TIED BILLS: IDEN./SIM. BILLS: SB 7022
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Ethics, Elections & Open 18 Y, 0 N Skinner Toliver
Government Subcommittee
1) Education Quality Subcommittee 17 Y, 0 N McDaniel Sanchez
2) State Affairs Committee 15 Y, 0 N Skinner Williamson
SUMMARY ANALYSIS
The Open Government Sunset Review Act requires the Legislature to review each public record exemption
and each public meeting exemption five years after enactment. If the Legislature does not reenact the
exemption, it automatically repeals on October 2nd of the fifth year after enactment.
The Marjory Stoneman Douglas High School Public Safety Commission (MSD Commission) monitors
implementation of school safety legislation. The MSD Commission is housed within the Florida Department of
Law Enforcement (FDLE). The Commissioner of FDLE must use his or her subpoena power to compel the
production of any books, papers, records, documentary evidence, and other items, including confidential
information, relevant to the performance of the duties of the MSD Commission or to the exercise of its powers.
The MSD Commission may request and must be provided with access to any information or records, which
pertain to the Marjory Stoneman Douglas High School shooting and prior mass violence incidents in Florida
being reviewed by the commission and which are necessary for the commission to carry out its duties.
Information or records obtained by the MSD Commission which are otherwise exempt or confidential and
exempt must retain such exempt or confidential and exempt status, and the commission may not disclose any
such information or records.
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 of these safe-school officers must meet specified training
and eligibility requirements and be certified for a specified safe-school officer position.
In 2018, the Legislature created a public meeting exemption for any portion of a meeting of the MSD
Commission at which exempt or confidential and exempt information is discussed, as well as 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.
The bill saves from repeal the public meeting and public record exemptions, which will repeal on October 2,
2023, if the bill does not become law.
The bill does not appear to have fiscal impact on state or local governments.
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
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act) 1 sets forth a legislative review process for
newly created or substantially amended public record or public meeting exemptions. It requires an
automatic repeal of the exemption on October 2nd of the fifth year after creation or substantial
amendment, unless the Legislature reenacts the exemption. 2
The OGSR Act provides that a public record or public meeting exemption may be created or
maintained only if it serves an identifiable public purpose. In addition, it may be no broader than is
necessary to meet 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.
 Protect trade or business secrets.3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public
necessity statement and a two-thirds vote for passage are required.4 If the exemption is reenacted with
grammatical or stylistic changes that do not expand the exemption, if the exemption is narrowed, or if
an exception to the exemption is created, then a public necessity statement and a two-thirds vote for
passage are not required.
Marjory Stoneman Douglas High School Public Safety Commission
In 2018, the Legislature created the Marjory Stoneman Douglas High School Public Safety Commission
(MSD Commission) and placed the commission within the Florida Department of Law Enforcement
(FDLE).5 The MSD Commission monitors implementation of school safety legislation in several ways,
including:
 Evaluating the activities of the Office of Safe Schools to provide guidance to school districts,
identifying areas of noncompliance and mechanisms used to achieve compliance.
 Reviewing the findings of the Auditor General regarding school district school safety policies
and procedures that need improvement to ensure and demonstrate compliance with state law.
 Assessing efforts by local governments to improve communication and coordination among
regional emergency communications systems.
 Investigating any failures in incident responses by local law enforcement agencies and school
resource officers; identifying existing policies and procedures for active assailant incidents on
school premises and evaluating the compliance with such policies and procedures in the
execution of incident responses; evaluating the extent to which any failures in policy, procedure,
or execution may contribute to an inability to prevent deaths and injuries; and making specific
1 Section 119.15, F.S.
2 Section 119.15(3), F.S.
3 Section 119.15(6)(b), F.S.
4 Article I, s. 24(c), FLA. CONST .
5 Section 943.687(1), F.S. The MSD Commission is composed of 16 members. The President of the Senate, the Speaker of the House
of Representatives, and the Governor each appoint five members, and the Commissioner of FDLE serves as a member. The Secretar y
of Children and Families, the Secretary of Juvenile Justice, the Secretary of Health Care Administration, and the Commissioner of
Education serve as ex officio, nonvoting members. FDLE staff assists the MSD Commission in performing its duties. See ss.
943.687(2)(a)-(c), F.S.
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 recommendations for improving law enforcement and school resource officer responses to
incidents.
 Investigating any failures in interactions with perpetrators preceding incidents of violence;
evaluating the extent to which any such failures contributed to an inability to prevent deaths and
injuries; and making specific recommendations for improving communication and coordination
among entities with knowledge of indicators of risk or possible threats of violence. 6
The MSD Commission has the power to investigate and may delegate to its investigators the authority
to administer oaths and affirmations.7 The Commissioner of FDLE must use his or her subpoena power
to compel the attendance of witnesses to testify before the MSD Commission, as well as use such
subpoena power to compel the production of any books, papers, records, documentary evidence, and
other items, including confidential information, relevant to the performance of the duties of the MSD
Commission or to the exercise of its powers.8 The MSD Commission may also request and must be
provided with access to any information or records, including those which are exempt or confidential
and exempt, which pertain to the Marjory Stoneman Douglas High School shooting and prior mass
violence incidents in Florida being reviewed by the MSD Commission and which are necessary for the
commission to carry out its duties.9 Information or records obtained by the MSD Commission that are
otherwise exempt or confidential and exempt retain such status and may not be disclosed.10
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.11 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.12
A safe-school officer may be a school resource officer, school safety officer, school guardian, or a
school security guard.13 A school district may implement any combination of the following options based
upon the needs of the school district and charter schools:14
 School Resource Officer: Establish school resource officer programs through a cooperative
agreement with law enforcement agencies. A school resource officer is a certified law
enforcement officer15 who is employed by a law enforcement agency and is required to undergo
criminal background checks, drug testing, and a psychological evaluation. 16 School resource
officers abide by school board policies and consult with and coordinate activities through the
school principle. They are responsible to the law enforcement agency in all matters relating to
the 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 school principal’s direction.17
 School Safety Officer: 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 officer18 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.19 A school safety officer has and must exercise the power to make
6 Section 943.687(3), F.S.
7 Section 943.687(4), F.S.
8 Section 943.687(5), F.S.
9 Section 943.687(7), F.S.
10 Id.
11 Section 1006.12, F.S.
12 Id.
13 Id.
14 Id.
15 See s. 943.10(1), F.S.
16 Section 1006.12(1)(a)
17 Section 1006.12(1)(b), F.S.
18 See 943.10(1), F.S.
19 Section 1006.12(2)(a), F.S.
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 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.20 A school safety officer’s salary may be paid jointly by the school board
and the law enforcement agency, as mutually agreed. 21
 School Guardian: Appoint a school guardian under the Coach Aaron Feis School Guardian
Program 22 who is certified by the sheriff after completing a psychological evaluation, drug
testing, and specified training, which includes firearm instruction. 23 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, or an employee of a
school district or a charter school who is hired for the specific purpose of serving as a school
guardian.24 Guardians do not have arrest powers.25
 School Security Guard: Contract with a security agency26 to employ a school security guard. A
school security guard is an individual who is employed by a security agency and serves on a
school facility as safe-school officer in support of school sanctioned activities. 27 Security guards
are required to hold a concealed carry weapons permit and undergo drug testing and a
psychological evaluation.28 An individual serving in this capacity must also complete guardian
program training, including 144 training hours.29 A security guard must aid in the prevention or
abatement of active assailant incidents on school premises, 30 but does not have arrest
powers.31
Public Meeting and Public Record Exemptions under Review
In 2018, the Legislature created32 certain public meeting and public record exemptions for the MSD
Commission and safe-school officers. Any portion of a meeting of the MSD Commission at which
exempt or confidential and exempt information is discussed was made exempt from public meeting
requirements.33 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 was
made exempt34 from public record requirements.35
The 2018 public necessity statements 36 for the public meeting and public record exemptions provide
the following:
The purpose of the commission is to investigate failures in the Marjory Stoneman
Douglas High School shooting and prior mass violence incidents in Florida and
20 Section 1006.12(2)(b), F.S.
21 Section 1006.12(2)(d), F.S.
22 See s. 30.15, F.S.
23 Section 30.15(1)(k), F.S.
24 Section 1006.12(3), F.S.
25 Section 30.15(1)(k), F.S.
26 See s. 493.6101(18), F.S.
27 Section 1006.12(4)(c), F.S.
28 Section 1006.12(4)(a), F.S.
29 Section 1006.12(4)(a)1., F.S.
30 Section 1006.12(4)(c), F.S.
31 Section 30.15(1)(k), F.S.
32 Chapter 2018-01, L.O.F., codified as ss. 943.687(8) and 1006.12(8), F.S.
33 Section 943.687(8), F.S.
34 There is a difference between records the Legislature designates as exempt from public record requirements and those the
Legislature deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain
circumstances. See WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So. 2d
1015 (Fla. 2004); City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d
687 (Fla. 5th DCA 1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may
not be released by the custodian of public records to anyone other than the persons or entities specifically des ignated in statute. See
Attorney General Opinion 85-62 (August 1, 1985).
35 Section 1006.12(8), F.S.
36 Article I, s. 24(c), FLA. CONST ., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.”
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 develop recommendations for system improvements. In order to fulfill its directive,
the commission must be able to discuss exempt or confidential and exempt
information that it receives as part of its investigation. The public meetings
exemption will allow the commission to review and discuss exempt or confidential
and exempt information that will be useful in forming meaningful recommendations
for system improvements for prevention and response to mass violence incidents.
As such, it is a necessity that those portions of meetings wherein exempt or
confidential and exempt information is discussed be made exempt from public
meetings requirements. If such portions of meeting are not closed, then the public
records exemptions would be negated.
School security and student safety are fundamental priorities in this state. In light
of the tragic events at Marjory Stoneman Douglas High School, in which 14
students and 3 adults were shot and killed on February 14, 2018, school districts
in this state must be allowed to provide a supplemental security presence. To
maximize the effectiveness of safe-school officers as a deterrent and responsive
factor to situations threatening the lives of students and school staff, safe-school
officers may perform their school-rela