School districts in the state of Florida have wide discretion in how they keep campuses safe — including deciding, if they wish, to hire private, armed security officers to patrol school grounds.
Attorney General Pam Bondi issued a legal opinion to that effect last Friday night at the request of the Manatee County School District.
“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,’” Bondi said in her ruling.
Bondi’s ruling came in response to a Manatee County School District cry for help after the School Board voted in September to approve a three-year, $3 million contract with a local security firm — then in a fit of buyer’s remorse, disarmed the guards the day before they were set to begin because members feared they might be running afoul of the law.
Board members worried their $3 million contract could go horribly wrong if their decision was challenged under Florida Statute 790.115 — stating, “a person shall not possess a firearm” on school property.
But in her ruling, Bondi leaned on the caveat in the statute enacted in 2012 that firearms and other weapons may be allowed on school property “as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school.”
Retired school board attorney Ricardo Cahill told Sunshine State News, “If you read 790.115, I think you can see the Legislature was a little conflicted itself when it wrote this law. It’s a statement against guns on campus on the one hand, but on the other, a wholehearted attempt not to tie school districts’ hands.”
Most districts use school resource officers — police or sheriff’s department employees — to patrol their campuses. But more and more, feeling the pinch and pressured to spend more money in the classroom, districts like Manatee with 34 elementary schools, have found contracting with local law enforcement agencies is an expense they need to reduce.
“Rep. (Greg) Steube might find his bill to assign security designees on campus gets more respect next session,” said Cahill. “School safety is a big deal these days but few districts I know have money enough to address it.
“I’d like to see a blue ribbon panel thinking outside the box and helping all 64 districts find an answer,” Cahill said.
Reach Nancy Smith at nsmith@sunshinestatenews or at 228-282-2423. Twitter: @NancyLBSmith
