Policy 2.383-ER is anticipated to be adopted immediately through emergency rulemaking on October 19 (to be in effect for up to 90 days), and also through regular rule development (which may take several weeks to complete). This Notice applies to both rulemaking actions.

RULE TITLE: Firearms and Weapons.

RULE NUMBERS: Policy 2.383-ER (emergency rule adoption) and 2.383 (regular rule development).

SUBJECT AREA TO BE ADDRESSED: The revision of an existing policy for the deterrence of weapons on school property and to maintain a positive, safe and secure learning and working environment.

PURPOSE AND EFFECT & SUMMARY: Revisions to the policy have been made to comply with Florida laws governing firearms and weapons in certain public and private places. During the 2011 Florida Legislative Session, the Florida Legislature enacted Sec. 790.33, FS, preempting the regulation of firearms and ammunition in Florida to the Legislature. As a result counties, cities, and school boards are required to amend or repeal any ordinances or policies regarding the regulation of firearms.

SPECIFIC AUTHORITY: Fla. Stat. §§ 1001.41; 1001.42; 790.115(3).

LAWS IMPLEMENTED: Fla. Stat. §§ 790.001; 790.33; 790. 251; 790.25, 790.115.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WELFARE, NEEDING EMERGENCY RULE ADOPTION: The Policy needs to be adopted immediately as an emergency rule due to statutory requirements.

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: A notice is being published promptly in the newspaper and on the District’s Web site and by distribution to representatives of employee organizations, and to the schools, to inform the affected persons and the public; and the emergency adoption will occur at a public hearing with public notice.

CONTACT PERSON: James Kelly, 3300 Forest Hill Blvd., West Palm Beach FL 33406.

THE PRELIMINARY TEXT of the proposed rule may be obtained promptly without cost from the School District's web site at www.SchoolBoardPolicies.com/revisions.htm .

UPON APPROVAL BY THE BOARD, THIS EMERGENCY RULE WILL TAKE EFFECT OCTOBER 19, 2011 and will remain in effect up to 90 days, or until superseded by adoption of the regular rule before that date (substantially the same content will be developed through the regular rulemaking process, which should be completed within the 90 days).

PUBLIC HEARING NOTICE: Emergency adoption is anticipated to be considered at the School Board's Special Meeting on Policies on October 19, 2011, anticipated to begin at 5:00 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Boulevard; West Palm Beach, Fla. AGENDA: An agenda will be available by October 7, 2011 on the District's Web site.
  Regular development of the proposed rule is also anticipated to be considered at the School Board's Special Meeting on Policies on October 19, 2011, anticipated to begin at 5:00 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: An agenda will be available by October 7, 2011 on the District's Web site. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. A person may submit written comments (12 copies) about the proposed action to the clerk no later than the time of the public hearing. These hearings are open to the public.

Publish: October 7, 2011