Can a Florida school district hire armed private security guards?

Subject

Private Security Guards -- Schools -- Firearms

Plain-English summary

The Superintendent of the Manatee County school district asked whether the district could employ private security guards who carry firearms under section 790.115, Florida Statutes. That statute generally prohibits weapons on school property, but it carves out an exception for firearms allowed "in support of school-sanctioned activities." The catch: the Legislature never defined "in support of" or "approved school-sanctioned activity."

The AG started from the broad authority Florida gives school boards. The state constitution and statutes put district school boards in charge of operating, controlling, and supervising public K-12 schools, and prior opinions describe a "variant of home-rule power" letting a board exercise any power for school purposes unless the constitution or general law expressly forbids it. The AG also noted that firearms regulation as a whole is preempted to the state, so a board cannot regulate firearms generally; the question was narrower, about who falls inside the statute's own exception.

Because the statute leaves "school-sanctioned activity" undefined, and because nothing in section 790.115 limits the exception to certified law enforcement officers, the AG concluded that a school board could make the determination itself. The companion statute on school resource and safety officers (section 1006.12) provides one route to armed security, but the AG read it as a means, not the only means. So a board could decide, in its discretion, that hiring armed security guards is "in support of an approved school-sanctioned activity." The AG was careful to add that this office could not make that determination for the board.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Florida's school-safety and school-guardian laws changed substantially in the years after this opinion, so the framework for armed personnel on campus described here may differ from current law.

Common questions

Does Florida law let anyone carry a gun on school property?
Generally no. Section 790.115(2)(a) prohibits possessing a firearm or other weapon at a school, school event, or on a school bus, with narrow exceptions: carrying a cased firearm to an approved firearms class, to a career center training range, or in a vehicle under section 790.25(5), and possession authorized in support of school-sanctioned activities.

What is a "school-sanctioned activity"?
The Legislature did not define it. The AG used the plain meaning: "sanction" means explicit permission or recognition by someone in authority that validates another's act. With no statutory definition, the AG concluded a school board could determine which activities qualify.

Did the guards have to be certified law enforcement officers?
No. The AG noted that nothing in section 790.115 limits the school-sanctioned-activity exception to certified law enforcement officers. Section 1006.12 separately requires school resource and safety officers to be certified law enforcement officers, but the AG read that statute as one available method of providing armed security, not a bar to others.

So could a district actually hire armed private security guards?
The AG's conclusion was that a school district may exercise its home rule authority to determine whether using armed security guards is "in support of an approved school-sanctioned activity." The opinion stopped short of making that call for the district; it confirmed the board had the authority to make it.

Doesn't the state preempt firearms regulation?
Yes. Section 790.33, as amended by Chapter 2011-109, declares the state occupies the whole field of firearms regulation. The AG acknowledged this but framed the question as falling within the Legislature's own exception in section 790.115, which the board was interpreting and applying, not as the board writing new firearms rules.

Background and statutory framework

Section 790.115, Florida Statutes, bans weapons on school property while listing specific exceptions, including possession authorized "in support of school-sanctioned activities." The statute does not define that phrase, and the AG applied the rule that words of common usage are given their plain and ordinary meaning absent a statutory definition, citing Sieniarecki v. State and In re McCollam.

The opinion rested on the authority of district school boards. Section 4, Article IX of the Florida Constitution and section 1003.02 charge boards with operating and controlling public schools, including attention to student health and safety. Section 1001.32(2) gives boards a "variant of home-rule power" to exercise any power for school purposes except as expressly prohibited. Prior opinions 86-45, 84-95, and 84-58 had discussed that authority.

Section 1006.12 sets up the school resource officer and school safety officer programs, both of which require certified law enforcement officers and both of which allow those officers to carry weapons on campus. The AG read that statute as providing a route to armed security rather than foreclosing a board's separate determination under section 790.115, especially since section 790.115(3) already exempts law enforcement officers, so reading the activity exception to cover only law enforcement would make subsection (3) redundant.

Citations

• Section 790.115, Florida Statutes (including (2)(a) and (3)); sections 790.001(13) and 790.25(5)
• Section 1006.12, Florida Statutes
• Section 1001.32(2) and section 1003.02, Florida Statutes; section 4, Article IX, Florida Constitution
• Section 790.33, Florida Statutes (as amended by Chapter 2011-109, Laws of Florida)
• Attorney General Opinions 86-45, 84-95, and 84-58
• Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000)
• Rollins v. Pizzarelli, 761 So. 2d 294 (Fla. 2000)
• In re McCollam, 612 So. 2d 572 (Fla. 1993)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/private-security-guards-schools-firearms
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1543

Original opinion text

Mr. Rick Mills

Superintendent

School District of Manatee County

Post Office Box 9069

Bradenton, Florida 34205

Dear Mr. Mills:

You ask substantially the following question:

May a school district employ private security guards who carry firearms pursuant to section 790.115, Florida Statutes?

In sum:

Section 790.115, Florida Statutes, operates as an exemption from the prohibition against the possession of firearms and weapons on school property and specifically provides that firearms may be allowed in support of an approved school sanctioned activity, but does not define what constitutes "in support of" or an "approved school sanctioned activity." Absent a legislative definition of these terms, it would appear to be within the authority of a school district to make a determination of whether the use of armed private security guards would be in support of an approved school sanctioned activity.

District school boards are constitutionally and statutorily charged with the operation and control of public K-12 education within their school districts.[1] Among other duties, district school boards must provide for "proper attention to health, safety, and other matters relating to the welfare of students[.]"[2]

On several occasions, this office has commented upon the home rule authority of school boards.[3] In Attorney General Opinion 86-45, this office discussed the variant of home rule power conferred on school boards and stated that "it has been the position of this office that the 1983 amendment (now section 1001.32[2], Florida Statutes) conferred on school boards a variant of 'home-rule power,' and that a district school board may exercise any power for school purposes in the operation, control, and supervision of the free public schools in its district except as expressly prohibited by the State Constitution or general law."[4]

The Legislature, however, has preempted the entire area of firearms regulation[5] and generally prohibits the possession of weapons on school property. Section 790.115(2)(a), Florida Statutes, states:

"A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm:

1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;

2. In a case to a career center having a firearms training range; or

3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.

For the purposes of this section, 'school' means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic." (e.s.)

The plain language of the statute prohibits the possession of a firearm on school property unless: it is in a case and being carried to an approved firearms program, class, or function; or in a case and being carried to a firearms training range; or in a vehicle pursuant to section 790.25(5), Florida Statutes, which recognizes the right of a person 18 years of age or older to possess a weapon within the interior of a private conveyance, without a license, if the weapon is securely encased or is otherwise not readily accessible for immediate use; or when authorized in support of school-sanctioned activities.

I am not aware of, nor has my attention been drawn to, a legislative definition of "school-sanctioned activities." Absent a statutory definition or legislative intent that it be defined in another manner, the plain and ordinary meaning of the term may be used.[6] The term "school" is defined to mean "an organization of students for instructional purposes on an elementary, middle, or junior high school, secondary or high school, or other public school level authorized under rules of the State Board of Education."[7] To "sanction" is "explicit permission or recognition by one in authority that gives validity to the act of another person or body."[8]

Given the school board’s authority to operate and control the public schools within the school district, it would appear that a school board may determine those activities which are to be considered "in support of an approved school-sanctioned activity" and grant the authority to possess weapons in support of the such activities.[9] Regrettably, this office may not make such a determination on behalf of the school board.

Section 1006.12, Florida Statutes, prescribes the program whereby a school district may have school resource officers and/or school safety officers present on school campuses to provide security. The statute provides that school resource officers shall be certified law enforcement officers under Chapter 943, Florida Statutes, who are employed by a law enforcement agency, with the powers of the law enforcement officer continuing throughout the officer’s tenure as a school resource officer.[10] A school safety officer also must be a certified law enforcement officer, but may be employed either by a law enforcement agency or by the district school board.[11] If a school safety officer is employed by the district school board, then the district school board is the employing agency for purposes of Chapter 943, Florida Statutes, and must comply with the provisions of that statute.[12] The statute specifically provides that a school safety officer may carry weapons when performing his or her official duties.[13]

Thus, the Legislature has provided authority for school districts to work with local law enforcement in providing school resource officers and school safety officers, recognizing that in both instances such officers must be certified law enforcement officers. Both are allowed to carry firearms on a school campus. Section 790.115, Florida Statutes, operates as an exemption from the prohibition against the possession of weapons and firearms on campus when authorized in support of approved school-sanctioned activities. There is no restriction in section 790.115, Florida Statutes, that such authorized use may only be by certified law enforcement officers, school resource officers or school safety officers.[14] While the programs in section 1006.12, Florida Statutes, serve as a means to provide armed security personnel on a school campus, I cannot conclude that it prohibits a school board from making the determination that the hiring of armed security guards for school campuses within the district is in support of school-sanctioned activities.

Accordingly, it is my opinion that a school district may exercise its home rule authority to determine whether the use of armed security guards may be "in support of an approved school-sanctioned activity."

Sincerely,

Pam Bondi

Attorney General

PB/tals

[1] See s. 4, Art. IX, Fla. Const., and s. 1003.02, Fla. Stat.

[2] See s. 1003.02(1), Fla. Stat.

[3] See Ops. Att'y Gen. Fla. 86-45 (1986), 84-95 (1984), and 84-58 (1984).

[4] See s. 1001.32(2), Fla. Stat., stating: "In accordance with the provisions of s. 4(b) of Art. IX of the State Constitution, district school boards shall operate, control, and supervise all free public schools in their respective districts and may exercise any power except as expressly prohibited by the State Constitution or general law."

[5] See Ch. 2011-109, Laws of Fla., amending s. 790.33, Fla. Stat., to clarify and reorganize the provisions of that statute preempting to the state the entire field of regulation of firearms. Section 790.33(1), Fla. Stat., provides:

"PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void."

[6] See, e.g., Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000) (absent statutory definition, words of common usage are construed in their plain and ordinary sense and, if necessary, plain and ordinary meaning of the word can be ascertained by reference to a dictionary); Rollins v. Pizzarelli, 761 So. 2d 294 (Fla. 2000); In re McCollam, 612 So. 2d 572 (Fla. 1993) (when language of statute is clear and unambiguous and conveys a clear meaning, statute must be given its plain and ordinary meaning).

[7] Section 1003.01(2), Fla. Stat.

[8] Webster’s Third New International Dictionary (1981 unabridged ed.), p. 2009.

[9] See also s. 1001.30, Fla. Stat., recognizing that school officials of the district are delegated the responsibility for the actual operation and administration of all schools within a district.

[10] Section 1006.12(1)(a), Fla. Stat.

[11] Section 1006.12(2)(a), Fla. Stat.

[12] Id.

[13] Section 1006.12(2)(c), Fla. Stat.

[14] Section 790.115(3), Fla. Stat., states that the section does not apply to law enforcement officers, so to read the exemption for authorized use to only apply to certified law enforcement officers would render the language in subsection (3) meaningless.