(1) There is created within the Department of Law Enforcement the Marjory Stoneman Douglas High School Public Safety Commission, a commission as defined in s. 20.03.
(2)(a) The commission shall convene no later than June 1, 2018, and shall be composed of 16 members. Five members shall be appointed by the President of the Senate, five members shall be appointed by the Speaker of the House of Representatives, and five members shall be appointed by the Governor. From the members of the commission, the Governor shall appoint the chair. Appointments must be made by April 30, 2018. The Commissioner of the Department of Law Enforcement shall serve as a member of the commission. The Secretary of Children and Families, the Secretary of Juvenile Justice, the Secretary of Health Care Administration, and the Commissioner of Education shall serve as ex officio, nonvoting members of the commission. Members shall serve at the pleasure of the officer who appointed the member. A vacancy on the commission shall be filled in the same manner as the original appointment.
(b) The General Counsel of the Department of Law Enforcement shall serve as the general counsel for the commission.
(c) The Department of Law Enforcement staff, as assigned by the chair, shall assist the commission in performing its duties.
(d) The commission shall meet as necessary to conduct its work at the call of the chair and at the time designated by him or her at locations throughout the state. The commission may conduct its meetings through teleconferences or other similar means.
(e) Members of the commission are entitled to receive reimbursement for per diem and travel expenses pursuant to s. 112.061.
(3) The commission shall monitor implementation of school safety legislation by:
(a) 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.
(b) 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.
(c) Reviewing school hardening grant expenditures and evaluating such expenditures based on the report of the School Hardening and Harm Mitigation Workgroup, recommendations of law enforcement agencies pursuant to s. 1006.07(8), and the return on investment analysis required by s. 1006.1493.
(d) Evaluating the utilization of the centralized integrated data repository by schools and its effectiveness in conducting threat assessments.
(e) Assessing efforts by local governments to improve communication and coordination among regional emergency communications systems.
(f) Investigating any failures in incident responses by local law enforcement agencies and school resource officers.
1. 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.
2. Evaluating the extent to which any failures in policy, procedure, or execution may contribute to an inability to prevent deaths and injuries.
3. Making specific recommendations for improving law enforcement and school resource officer responses to incidents.
(g) Investigating any failures in interactions with perpetrators preceding incidents of violence.
1. Evaluating the extent to which any such failures contributed to an inability to prevent deaths and injuries.
2. Making specific recommendations for improving communication and coordination among entities with knowledge of indicators of risk or possible threats of violence.
(4) The commission has the power to investigate. The commission may delegate to its investigators the authority to administer oaths and affirmations.
(5) The Commissioner of the Department of Law Enforcement shall use his or her subpoena power to compel the attendance of witnesses to testify before the commission. The Commissioner of the Department of Law Enforcement shall 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 commission or to the exercise of its powers. The chair or any other member of the commission may administer all oaths and affirmations in the manner prescribed by law to witnesses who appear before the commission for the purpose of testifying in any matter of which the commission desires evidence. In the case of a refusal to obey a subpoena, the commission may make application to any circuit court of this state having jurisdiction to order the witness to appear before the commission and to produce evidence, if so ordered, or to give testimony relevant to the matter in question. Failure to obey the order may be punished by the court as contempt.
(6) The commission may call upon appropriate agencies of state government for such professional assistance as may be needed in the discharge of its duties, and such agencies shall provide such assistance in a timely manner.
(7) Notwithstanding any other law, the commission may request and shall be provided with access to any information or records, including exempt or confidential and exempt 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 commission which are otherwise exempt or confidential and exempt shall retain such exempt or confidential and exempt status, and the commission may not disclose any such information or records.
(8) Any portion of a meeting of the Marjory Stoneman Douglas High School Public Safety Commission at which exempt or confidential and exempt information is discussed is exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.
(9) The commission shall submit an initial report on its findings and recommendations to the Governor, President of the Senate, and Speaker of the House of Representatives by January 1, 2019, and may issue reports annually thereafter. The commission shall sunset July 1, 2026, and this section is repealed on that date.
History.—s. 2, ch. 2018-1; s. 20, ch. 2018-3; s. 2, ch. 2022-174.
Structure Florida Statutes
Title XLVII - Criminal Procedure and Corrections
Chapter 943 - Department of Law Enforcement
943.03 - Department of Law Enforcement.
943.031 - Florida Violent Crime and Drug Control Council.
943.03101 - Counter-Terrorism Coordination.
943.0311 - Chief of Domestic Security; Duties of the Department With Respect to Domestic Security.
943.0312 - Regional Domestic Security Task Forces.
943.0313 - Domestic Security Oversight Council.
943.0314 - Public Records and Public Meetings Exemptions; Domestic Security Oversight Council.
943.032 - Financial Crime Analysis Center and Financial Transaction Database.
943.041 - Crimes Against Children Criminal Profiling Program.
943.0412 - Identity Theft and Fraud Grant Program.
943.042 - Violent Crime Investigative Emergency and Drug Control Strategy Implementation Account.
943.0433 - Soliciting for Prostitution Public Database.
943.0435 - Sexual Offenders Required to Register With the Department; Penalty.
943.0436 - Duty of the Court to Uphold Laws Governing Sexual Predators and Sexual Offenders.
943.0437 - Commercial Social Networking Websites.
943.0438 - Athletic Coaches for Independent Sanctioning Authorities.
943.045 - Definitions; Ss. 943.045-943.08.
943.046 - Notification of Criminal Offender Information.
943.05 - Criminal Justice Information Program; Duties; Crime Reports.
943.051 - Criminal Justice Information; Collection and Storage; Fingerprinting.
943.0515 - Retention of Criminal History Records of Minors.
943.052 - Disposition Reporting.
943.0525 - Criminal Justice Information Systems; Use by State and Local Agencies.
943.053 - Dissemination of Criminal Justice Information; Fees.
943.0535 - Aliens, Criminal Records.
943.054 - Exchange of Federal Criminal History Records and Information.
943.0542 - Access to Criminal History Information Provided by the Department to Qualified Entities.
943.0543 - National Crime Prevention and Privacy Compact; Ratification and Implementation.
943.0544 - Criminal Justice Information Network and Information Management.
943.056 - Criminal History Records; Access, Review, and Challenge.
943.057 - Access to Criminal Justice Information for Research or Statistical Purposes.
943.0575 - Public Access to Records.
943.0578 - Lawful Self-Defense Expunction.
943.0581 - Administrative Expunction for Arrests Made Contrary to Law or by Mistake.
943.0582 - Diversion Program Expunction.
943.0583 - Human Trafficking Victim Expunction.
943.0585 - Court-Ordered Expunction of Criminal History Records.
943.059 - Court-Ordered Sealing of Criminal History Records.
943.0595 - Automatic Sealing of Criminal History Records.
943.06 - Criminal and Juvenile Justice Information Systems Council.
943.08 - Duties; Criminal and Juvenile Justice Information Systems Council.
943.081 - Public Safety System Information Technology Resources; Guiding Principles.
943.082 - School Safety Awareness Program.
943.09 - Criminal Justice Professionalism Program.
943.10 - Definitions; Ss. 943.085-943.255.
943.11 - Criminal Justice Standards and Training Commission; Membership; Meetings; Compensation.
943.12 - Powers, Duties, and Functions of the Commission.
943.13 - Officers’ Minimum Qualifications for Employment or Appointment.
943.131 - Temporary Employment or Appointment; Minimum Basic Recruit Training Exemptions.
943.134 - Release of Employee Information by Employers.
943.135 - Requirements for Continued Employment.
943.137 - Establishment of Qualifications and Standards Above the Minimum.
943.1397 - Officer Certification Examinations; Fee.
943.146 - Securing of Copyrights by the Department and Sale of Department Work Products.
943.1701 - Uniform Statewide Policies and Procedures; Duty of the Commission.
943.1702 - Collection of Statistics on Domestic Violence.
943.171 - Basic Skills Training in Handling Domestic Violence Cases.
943.1715 - Basic Skills Training Relating to Diverse Populations.
943.1716 - Continued Employment Training Relating to Diverse Populations.
943.1717 - Use of Dart-Firing Stun Guns.
943.1718 - Body Cameras; Policies and Procedures.
943.1719 - Basic Skills Training Relating to the Use of Electronic Databases.
943.17191 - Continued Employment Training Relating to the Use of Electronic Databases.
943.172 - Basic Skills Training in Victims Assistance and Rights.
943.1724 - Sexual Assault Investigation Training.
943.1726 - Continued Employment Training Relating to Diabetic Emergencies.
943.17261 - Department of Law Enforcement; Training Related to Medical Use of Marijuana.
943.1727 - Continued Employment Training Relating to Autism Spectrum Disorder.
943.1728 - Basic Skills Training Relating to the Protection of Archaeological Sites.
943.1729 - Skills Training Relating to Community Policing.
943.17291 - Basic Skills Training in Juvenile Sexual Offender Investigation.
943.17295 - Continued Employment Training Relating to Juvenile Sexual Offender Investigation.
943.17296 - Training in Identifying and Investigating Elder Abuse and Neglect.
943.17297 - Continuing Employment Training in Identifying and Investigating Human Trafficking.
943.173 - Examinations; Administration; Materials Not Public Records; Disposal of Materials.
943.1735 - Basic Skills Training Related to Use of Force; Use of Force Policies; Contents.
943.1740 - Standards for Use of Force Investigations.
943.1745 - Training Relating to Officer Health and Wellness Principles.
943.1755 - Florida Criminal Justice Executive Institute.
943.1757 - Criminal Justice Executives; Training; Policy Report.
943.1758 - Curriculum Revision for Diverse Populations; Skills Training.
943.18 - Compensation and Benefits Study; Recommendation.
943.22 - Salary Incentive Program for Full-Time Officers.
943.25 - Criminal Justice Trust Funds; Source of Funds; Use of Funds.
943.253 - Exemption; Elected Officers.
943.255 - Effect of Chs. 80-71 and 81-24 on Prior Rules and Administrative Proceedings.
943.256 - Criminal Justice Selection Centers; Creation.
943.2563 - Advisory Board Organization; Center Oversight.
943.2564 - Center Supervision; Role of Directing School or Directing Agency.
943.2565 - Centralized Information Centers on Prospective Employment Candidates.
943.2566 - Promotions; Feasibility Study to Establish Pool of Evaluators to Assess Qualifications.
943.2567 - Operation and Administration Accounts; Annual Budget.
943.2568 - Advisory Boards; Expense Reimbursement.
943.257 - Independent Audit Documentation Subject to Inspection.
943.32 - Statewide Criminal Analysis Laboratory System.
943.3251 - Postsentencing DNA Testing.
943.326 - DNA Evidence Collected in Sexual Offense Investigations.
943.33 - State-Operated Criminal Analysis Laboratories.
943.34 - Powers and Duties of Department in Relation to State-Operated Laboratories.
943.35 - Funding for Existing Laboratories.
943.36 - Submission of Annual Budget.
943.361 - Statewide Criminal Analysis Laboratory System; Funding Through Fine Surcharges.
943.362 - Forfeiture and Investigative Support Trust Fund.
943.365 - Federal Law Enforcement Trust Fund.
943.366 - Federal Grants Trust Fund.
943.367 - Administrative Trust Fund.
943.37 - Option to Become State-Operated Laboratory; Operational Control.
943.403 - Rulemaking; Criminal Justice Program.
943.601 - Preservation of Legislative Powers.
943.61 - Powers and Duties of the Capitol Police.
943.611 - Director of Capitol Police.
943.62 - Investigations by the Capitol Police.
943.63 - Arrest by the Capitol Police.
943.66 - Rules; Facilities Program, Capitol Police; Traffic Regulation.
943.68 - Transportation and Protective Services.
943.681 - Capitol Police Program; Funding.
943.685 - Authority to Purchase Good Will and Promotional Materials.
943.686 - Unauthorized Use of Department of Law Enforcement Emblems or Names Prohibited.
943.687 - Marjory Stoneman Douglas High School Public Safety Commission.
943.6871 - Criminal Justice Data Transparency.