Florida Senate - 2011                                    SB 2104
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03639-11                                          20112104__
    1                        A bill to be entitled                      
    2         An act relating to the Office of Drug Control;
    3         amending s. 14.2019, F.S.; relocating the Statewide
    4         Office for Suicide Prevention into the Department of
    5         Children and Family Services; requiring the director
    6         of the Statewide Office for Suicide Prevention to
    7         employ a coordinator for the office; requiring
    8         revenues from grants accepted by the Statewide Office
    9         for Suicide Prevention to be deposited into the Grants
   10         and Donations Trust Fund within the Department of
   11         Children and Family Services rather than the Executive
   12         Office of the Governor; amending s. 14.20195, F.S.;
   13         requiring the director of the Statewide Office for
   14         Suicide Prevention, rather than the director of the
   15         Office of Drug Control, to appoint members to the
   16         Suicide Prevention Coordinating Council; providing
   17         that the director of the Statewide Office for Suicide
   18         Prevention is a nonvoting member of the coordinating
   19         council; repealing s. 311.115, F.S., relating to
   20         Seaport Security Standards Advisory Council within the
   21         Office of Drug Control; amending s. 311.12, F.S.;
   22         deleting the provision that requires the Office of
   23         Drug Control within the Executive Office of the
   24         Governor to maintain a sufficient number of copies of
   25         the standards for seaport security at its offices for
   26         distribution to the public and provide copies to each
   27         affected seaport upon request; conforming provisions
   28         to changes made by the act; amending s. 311.123, F.S.;
   29         deleting the provision that requires the Office of
   30         Drug Control within the Executive Office of the
   31         Governor to create a maritime domain security
   32         awareness training program; amending s. 397.331, F.S.;
   33         conforming provisions to changes made by the act;
   34         repealing s. 397.332, F.S., relating to the creation
   35         of the Office of Drug Control; amending s. 397.333,
   36         F.S.; relocating the Statewide Drug Policy Advisory
   37         Council into the Department of Health; requiring the
   38         Surgeon General or his or her designee, rather than
   39         the director of the Office of Drug Control, to be a
   40         nonvoting, ex officio member of the advisory council;
   41         requiring the department to provide staff support for
   42         the advisory council; revising the state officials
   43         that are appointed to serve on the advisory council;
   44         amending s. 893.055, F.S.; conforming provisions to
   45         changes made by the act; requiring the State Surgeon
   46         General to appoint a board of directors for the
   47         direct-support organization to provide assistance,
   48         funding, and promotional support for the activities
   49         authorized for the prescription drug monitoring
   50         program; requiring the State Surgeon General or his or
   51         her designee, rather than the director of the Office
   52         of Drug Control, to provide guidance to members of the
   53         board of directors; requiring the direct-support
   54         organization to operate under written contract with
   55         the Department of Health rather than the Office of
   56         Drug Control; requiring the activities of the direct
   57         support organization to be consistent with the goals
   58         and mission of the department rather than the Office
   59         of Drug Control; requiring the direct-support
   60         organization to obtain a written approval from the
   61         State Surgeon General or his or her designee rather
   62         than the director of the Office of Drug Control for
   63         any activities in support of the prescription drug
   64         monitoring program before undertaking the activities;
   65         prohibiting the state from permitting use of any of
   66         its administrative services, property, or facilities
   67         by a direct-support organization under certain
   68         circumstances; amending s. 943.031, F.S.; revising the
   69         membership of the Florida Violent Crime and Drug
   70         Control Council; conforming provisions to changes made
   71         by the act; revising the membership of the Drug
   72         Control Strategy and Criminal Gang Committee; amending
   73         s. 943.042, F.S., relating to the Violent Crime
   74         Investigative Emergency and Drug Control Strategy
   75         Implementation Account; conforming provisions to
   76         changes made by the act; repealing s. 1006.07(7),
   77         F.S., relating to suicide prevention education;
   78         requesting the Division of Statutory Revision of the
   79         Office of Legislative Services to prepare a reviser’s
   80         bill to conform the Florida Statutes to the changes
   81         made by the act; providing an effective date.
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Subsections (1), (3), and (4) of section
   86  14.2019, Florida Statutes, are amended to read:
   87         14.2019 Statewide Office for Suicide Prevention.—
   88         (1) The Statewide Office for Suicide Prevention shall be
   89  located in the Department of Children and Family Services is
   90  created as a unit of the Office of Drug Control within the
   91  Executive Office of the Governor.
   92         (3) Contingent upon a specific appropriation, the director
   93  of the Statewide Office for Suicide Prevention of Drug Control
   94  shall employ a coordinator for the Statewide office for Suicide
   95  Prevention who shall work under the direction of the director to
   96  achieve the goals and objectives set forth in this section.
   97         (4) The Statewide Office for Suicide Prevention may seek
   98  and accept grants or funds from any federal, state, or local
   99  source to support the operation and defray the authorized
  100  expenses of the office and the Suicide Prevention Coordinating
  101  Council. Revenues from grants shall be deposited in the Grants
  102  and Donations Trust Fund within the Department of Children and
  103  Family Services Executive Office of the Governor. In accordance
  104  with s. 216.181(11), the Executive Office of the Governor may
  105  request changes to the approved operating budget to allow the
  106  expenditure of any additional grant funds collected pursuant to
  107  this subsection.
  108         Section 2. Subsection (2) of section 14.20195, Florida
  109  Statutes, are amended to read:
  110         14.20195 Suicide Prevention Coordinating Council; creation;
  111  membership; duties.—There is created within the Statewide Office
  112  for Suicide Prevention a Suicide Prevention Coordinating
  113  Council. The council shall develop strategies for preventing
  114  suicide.
  115         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
  116  shall consist of 27 28 voting members and one nonvoting member.
  117         (a) Thirteen members shall be appointed by the director of
  118  the Statewide Office for Suicide Prevention of Drug Control and
  119  shall represent the following organizations:
  120         1. The Florida Association of School Psychologists.
  121         2. The Florida Sheriffs Association.
  122         3. The Suicide Prevention Action Network USA.
  123         4. The Florida Initiative of Suicide Prevention.
  124         5. The Florida Suicide Prevention Coalition.
  125         6. The American Foundation of Suicide Prevention.
  126         7. The Florida School Board Association.
  127         8. The National Council for Suicide Prevention.
  128         9. The state chapter of AARP.
  129         10. The Florida Alcohol and Drug Abuse Association.
  130         11. The Florida Council for Community Mental Health.
  131         12. The Florida Counseling Association.
  132         13. NAMI Florida.
  133         (b) The following state officials or their designees shall
  134  serve on the coordinating council:
  135         1. The Secretary of Elderly Affairs.
  136         2. The State Surgeon General.
  137         3. The Commissioner of Education.
  138         4. The Secretary of Health Care Administration.
  139         5. The Secretary of Juvenile Justice.
  140         6. The Secretary of Corrections.
  141         7. The executive director of the Department of Law
  142  Enforcement.
  143         8. The executive director of the Department of Veterans’
  144  Affairs.
  145         9. The Secretary of Children and Family Services.
  146         10. The director of the Agency for Workforce Innovation.
  147         (c) The Governor shall appoint four additional members to
  148  the coordinating council. The appointees must have expertise
  149  that is critical to the prevention of suicide or represent an
  150  organization that is not already represented on the coordinating
  151  council.
  152         (d) For the members appointed by the director of the
  153  Statewide Office for Suicide Prevention of Drug Control, seven
  154  members shall be appointed to initial terms of 3 years, and
  155  seven members shall be appointed to initial terms of 4 years.
  156  For the members appointed by the Governor, two members shall be
  157  appointed to initial terms of 4 years, and two members shall be
  158  appointed to initial terms of 3 years. Thereafter, such members
  159  shall be appointed to terms of 4 years. Any vacancy on the
  160  coordinating council shall be filled in the same manner as the
  161  original appointment, and any member who is appointed to fill a
  162  vacancy occurring because of death, resignation, or
  163  ineligibility for membership shall serve only for the unexpired
  164  term of the member’s predecessor. A member is eligible for
  165  reappointment.
  166         (e) The director of the Statewide Office for Suicide
  167  Prevention of Drug Control shall be a nonvoting member of the
  168  coordinating council and shall act as chair.
  169         (f) Members of the coordinating council shall serve without
  170  compensation. Any member of the coordinating council who is a
  171  public employee is entitled to reimbursement for per diem and
  172  travel expenses as provided in s. 112.061.
  173         Section 3. Section 311.115, Florida Statutes, is repealed.
  174         Section 4. Subsections (1), (3), (8), (10), and (11) of
  175  section 311.12, Florida Statutes, are amended to read:
  176         311.12 Seaport security.—
  177         (1) SECURITY STANDARDS.—
  178         (a) The statewide minimum standards for seaport security
  179  applicable to seaports listed in s. 311.09 shall be those based
  180  on the Florida Seaport Security Assessment 2000 and set forth in
  181  the Port Security Standards Compliance Plan delivered to the
  182  Speaker of the House of Representatives and the President of the
  183  Senate on December 11, 2000. The Office of Drug Control within
  184  the Executive Office of the Governor shall maintain a sufficient
  185  number of copies of the standards at its offices for
  186  distribution to the public and provide copies to each affected
  187  seaport upon request.
  188         (b) A seaport may implement security measures that are more
  189  stringent, more extensive, or supplemental to the minimum
  190  security standards established by this subsection.
  191         (c) The provisions of s. 790.251 are not superseded,
  192  preempted, or otherwise modified in any way by the provisions of
  193  this section.
  194         (3) SECURITY PLAN.—Each seaport listed in s. 311.09 shall
  195  adopt and maintain a security plan specific to that seaport
  196  which provides for a secure seaport infrastructure that promotes
  197  the safety and security of state residents and visitors and the
  198  flow of legitimate trade and travel.
  199         (a) Every 5 years after January 1, 2007, each seaport
  200  director, with the assistance of the Regional Domestic Security
  201  Task Force and in conjunction with the United States Coast
  202  Guard, shall revise the seaport’s security plan based on the
  203  director’s ongoing assessment of security risks, the risks of
  204  terrorist activities, and the specific and identifiable needs of
  205  the seaport for ensuring that the seaport is in substantial
  206  compliance with the minimum security standards established under
  207  subsection (1).
  208         (b) Each adopted or revised security plan must be reviewed
  209  and approved by the Office of Drug Control and the Department of
  210  Law Enforcement for compliance with federal facility security
  211  assessment requirements under 33 C.F.R. s. 105.305 and the
  212  minimum security standards established under subsection (1).
  213  Within 30 days after completion, a copy of the written review
  214  shall be delivered to the United States Coast Guard, the
  215  Regional Domestic Security Task Force, and the Domestic Security
  216  Oversight Council.
  217         (8) WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
  218  Control and the Department of Law Enforcement may modify or
  219  waive any physical facility requirement or other requirement
  220  contained in the minimum security standards upon a determination
  221  that the purposes of the standards have been reasonably met or
  222  exceeded by the seaport requesting the modification or waiver.
  223  An alternate means of compliance must not diminish the safety or
  224  security of the seaport and must be verified through an
  225  extensive risk analysis conducted by the seaport director.
  226         (a) Waiver requests shall be submitted in writing, along
  227  with supporting documentation, to the Office of Drug Control and
  228  the Department of Law Enforcement. The office and the department
  229  has have 90 days to jointly grant or reject the waiver, in whole
  230  or in part.
  231         (b) The seaport may submit any waivers that are not granted
  232  or are jointly rejected to the Domestic Security Oversight
  233  Council for review within 90 days. The council shall recommend
  234  that the Office of Drug Control and the Department of Law
  235  Enforcement grant the waiver or reject the waiver, in whole or
  236  in part. The office and the department shall give great weight
  237  to the council’s recommendations.
  238         (c) A request seeking a waiver from the seaport law
  239  enforcement personnel standards established under s. 311.122(3)
  240  may not be granted for percentages below 10 percent.
  241         (d) Any modifications or waivers granted under this
  242  subsection shall be noted in the annual report submitted by the
  243  Department of Law Enforcement pursuant to subsection (10).
  244         (10) REPORTS.—The Department of Law Enforcement, in
  245  consultation with the Office of Drug Control, shall annually
  246  complete a report indicating the observations and findings of
  247  all reviews, inspections, or other operations relating to the
  248  seaports conducted during the year and any recommendations
  249  resulting from such reviews, inspections, and operations. A copy
  250  of the report shall be provided to the Governor, the President
  251  of the Senate, the Speaker of the House of Representatives, the
  252  governing body of each seaport or seaport authority, and each
  253  seaport director. The report must include each director’s
  254  response indicating what actions, if any, have been taken or are
  255  planned to be taken pursuant to the observations, findings, and
  256  recommendations reported by the department.
  257         (11) FUNDING.—
  258         (a) In making decisions regarding security projects or
  259  other funding applicable to each seaport listed in s. 311.09,
  260  the Legislature may consider the Department of Law Enforcement’s
  261  annual report under subsection (10) as authoritative, especially
  262  regarding each seaport’s degree of substantial compliance with
  263  the minimum security standards established in subsection (1).
  264         (b) The Legislature shall regularly review the ongoing
  265  costs of operational security on seaports, the impacts of this
  266  section on those costs, mitigating factors that may reduce costs
  267  without reducing security, and the methods by which seaports may
  268  implement operational security using a combination of sworn law
  269  enforcement officers and private security services.
  270         (c) Subject to the provisions of this chapter and
  271  appropriations made for seaport security, state funds may not be
  272  expended for security costs without certification of need for
  273  such expenditures by the Office of Ports Administrator within
  274  the Department of Law Enforcement.
  275         (d) If funds are appropriated for seaport security, the
  276  Office of Drug Control, the Department of Law Enforcement, and
  277  the Florida Seaport Transportation and Economic Development
  278  Council shall mutually determine the allocation of such funds
  279  for security project needs identified in the approved seaport
  280  security plans. Any seaport that receives state funds for
  281  security projects must enter into a joint participation
  282  agreement with the appropriate state entity and use the seaport
  283  security plan as the basis for the agreement.
  284         1. If funds are made available over more than 1 fiscal
  285  year, the agreement must reflect the entire scope of the project
  286  approved in the security plan and, as practicable, allow for
  287  reimbursement for authorized projects over more than 1 year.
  288         2. The agreement may include specific timeframes for
  289  completion of a security project and the applicable funding
  290  reimbursement dates. The agreement may also require a
  291  contractual penalty of up to $1,000 per day to be imposed for
  292  failure to meet project completion dates if state funding is
  293  available. Any such penalty shall be deposited into the State
  294  Transportation Trust Fund and used for seaport security
  295  operations and capital improvements.
  296         Section 5. Subsection (1) of section 311.123, Florida
  297  Statutes, is amended to read:
  298         311.123 Maritime domain security awareness training
  299  program.—
  300         (1) The Florida Seaport Transportation and Economic
  301  Development Council, in conjunction with the Department of Law
  302  Enforcement and the Office of Drug Control within the Executive
  303  Office of the Governor, shall create a maritime domain security
  304  awareness training program to instruct all personnel employed
  305  within a seaport’s boundaries about the security procedures
  306  required of them for implementation of the seaport security plan
  307  required under s. 311.12(3).
  308         Section 6. Subsection (2) of section 397.331, Florida
  309  Statutes, is amended to read:
  310         397.331 Definitions; legislative intent.—
  311         (2) It is the intent of the Legislature to establish and
  312  institutionalize a rational process for long-range planning,
  313  information gathering, strategic decisionmaking, and funding for
  314  the purpose of limiting substance abuse. The Legislature finds
  315  that the creation of a state Office of Drug Control and a
  316  Statewide Drug Policy Advisory Council affords the best means of
  317  establishing and institutionalizing such a process.
  318         Section 7. Section 397.332, Florida Statutes, is repealed.
  319         Section 8. Paragraphs (a), (b), and (c) of subsection (1)
  320  of section 397.333, Florida Statutes, are amended to read:
  321         397.333 Statewide Drug Policy Advisory Council.—
  322         (1)(a) The Statewide Drug Policy Advisory Council shall be
  323  located in the Department of Health is created within the
  324  Executive Office of the Governor. The Surgeon General or his or
  325  her designee director of the Office of Drug Control shall be a
  326  nonvoting, ex officio member of the advisory council and shall
  327  act as chairperson. The director of the Office of Planning and
  328  Budgeting or his or her designee shall be a nonvoting, ex
  329  officio member of the advisory council. The Department of Health
  330  or it successor agency Office of Drug Control and the Office of
  331  Planning and Budgeting shall provide staff support for the
  332  advisory council.
  333         (b) The following state officials shall be appointed to
  334  serve on the advisory council:
  335         1. The Attorney General, or his or her designee.
  336         2. The executive director of the Department of Law
  337  Enforcement, or his or her designee.
  338         3. The Secretary of Children and Family Services, or his or
  339  her designee.
  340         4. The director of the Office of Planning and Budgeting in
  341  the Executive Office of the Governor State Surgeon General, or
  342  his or her designee.
  343         5. The Secretary of Corrections, or his or her designee.
  344         6. The Secretary of Juvenile Justice, or his or her
  345  designee.
  346         7. The Commissioner of Education, or his or her designee.
  347         8. The executive director of the Department of Highway
  348  Safety and Motor Vehicles, or his or her designee.
  349         9. The Adjutant General of the state as the Chief of the
  350  Department of Military Affairs, or his or her designee.
  351         (c) In addition, the Governor shall appoint 7 11 members of
  352  the public to serve on the advisory council. Of the 7 11
  353  appointed members, one member must have professional or
  354  occupational expertise in drug enforcement, one member must have
  355  professional or occupational expertise in substance abuse
  356  prevention, one member must have professional or occupational
  357  expertise in substance abuse treatment, and two members must
  358  have professional or occupational expertise in faith-based
  359  substance abuse treatment services. The remainder of the members
  360  appointed should have professional or occupational expertise in,
  361  or be generally knowledgeable about, issues that relate to drug
  362  enforcement and substance abuse programs and services. The
  363  members appointed by the Governor must, to the extent possible,
  364  equitably represent all geographic areas of the state.
  365         Section 9. Paragraph (b) of subsection (2), and subsections
  366  (11) and (13) of section 893.055, Florida Statutes, are amended
  367  to read:
  368         893.055 Prescription drug monitoring program.—
  369         (2)
  370         (b) The department, when the direct support organization
  371  receives at least $20,000 in nonstate moneys or the state
  372  receives at least $20,000 in federal grants for the prescription
  373  drug monitoring program, and in consultation with the Office of
  374  Drug Control, shall adopt rules as necessary concerning the
  375  reporting, accessing the database, evaluation, management,
  376  development, implementation, operation, security, and storage of
  377  information within the system, including rules for when patient
  378  advisory reports are provided to pharmacies and prescribers. The
  379  patient advisory report shall be provided in accordance with s.
  380  893.13(7)(a)8. The department shall work with the professional
  381  health care licensure boards, such as the Board of Medicine, the
  382  Board of Osteopathic Medicine, and the Board of Pharmacy; other
  383  appropriate organizations, such as the Florida Pharmacy
  384  Association, the Office of Drug Control, the Florida Medical
  385  Association, the Florida Retail Federation, and the Florida
  386  Osteopathic Medical Association, including those relating to
  387  pain management; and the Attorney General, the Department of Law
  388  Enforcement, and the Agency for Health Care Administration to
  389  develop rules appropriate for the prescription drug monitoring
  390  program.
  391         (11) The Office of Drug Control, in coordination with the
  392  department, may establish a direct-support organization that has
  393  a board consisting of at least five members to provide
  394  assistance, funding, and promotional support for the activities
  395  authorized for the prescription drug monitoring program.
  396         (a) As used in this subsection, the term “direct-support
  397  organization” means an organization that is:
  398         1. A Florida corporation not for profit incorporated under
  399  chapter 617, exempted from filing fees, and approved by the
  400  Department of State.
  401         2. Organized and operated to conduct programs and
  402  activities; raise funds; request and receive grants, gifts, and
  403  bequests of money; acquire, receive, hold, and invest, in its
  404  own name, securities, funds, objects of value, or other
  405  property, either real or personal; and make expenditures or
  406  provide funding to or for the direct or indirect benefit of the
  407  department in the furtherance of the prescription drug
  408  monitoring program.
  409         (b) The direct-support organization is not considered a
  410  lobbying firm within the meaning of s. 11.045.
  411         (c) The State Surgeon General director of the Office of
  412  Drug Control shall appoint a board of directors for the direct
  413  support organization. The State Surgeon General director may
  414  designate employees of the Office of Drug Control, state
  415  employees other than state employees from the department, and
  416  any other nonstate employees as appropriate, to serve on the
  417  board. Members of the board shall serve at the pleasure of the
  418  director of the Office of Drug Control. The State Surgeon
  419  General or his or her designee director shall provide guidance
  420  to members of the board to ensure that moneys received by the
  421  direct-support organization are not received from inappropriate
  422  sources. Inappropriate sources include, but are not limited to,
  423  donors, grantors, persons, or organizations that may monetarily
  424  or substantively benefit from the purchase of goods or services
  425  by the department in furtherance of the prescription drug
  426  monitoring program.
  427         (d) The direct-support organization shall operate under
  428  written contract with the department Office of Drug Control. The
  429  contract must, at a minimum, provide for:
  430         1. Approval of the articles of incorporation and bylaws of
  431  the direct-support organization by the Office of Drug Control.
  432         2. Submission of an annual budget for the approval of the
  433  department Office of Drug Control.
  434         3. Certification by the Office of Drug Control in
  435  consultation with the department that the direct-support
  436  organization is complying with the terms of the contract in a
  437  manner consistent with and in furtherance of the goals and
  438  purposes of the prescription drug monitoring program and in the
  439  best interests of the state. Such certification must be made
  440  annually and reported in the official minutes of a meeting of
  441  the direct-support organization.
  442         4. The reversion, without penalty, to the Office of Drug
  443  Control, or to the state if the Office of Drug Control ceases to
  444  exist, of all moneys and property held in trust by the direct
  445  support organization for the benefit of the prescription drug
  446  monitoring program if the direct-support organization ceases to
  447  exist or if the contract is terminated.
  448         5. The fiscal year of the direct-support organization,
  449  which must begin July 1 of each year and end June 30 of the
  450  following year.
  451         6. The disclosure of the material provisions of the
  452  contract to donors of gifts, contributions, or bequests,
  453  including such disclosure on all promotional and fundraising
  454  publications, and an explanation to such donors of the
  455  distinction between the department Office of Drug Control and
  456  the direct-support organization.
  457         7. The direct-support organization’s collecting, expending,
  458  and providing of funds to the department for the development,
  459  implementation, and operation of the prescription drug
  460  monitoring program as described in this section and s. 2,
  461  chapter 2009-198, Laws of Florida, as long as the task force is
  462  authorized. The direct-support organization may collect and
  463  expend funds to be used for the functions of the direct-support
  464  organization’s board of directors, as necessary and approved by
  465  the department director of the Office of Drug Control. In
  466  addition, the direct-support organization may collect and
  467  provide funding to the department in furtherance of the
  468  prescription drug monitoring program by:
  469         a. Establishing and administering the prescription drug
  470  monitoring program’s electronic database, including hardware and
  471  software.
  472         b. Conducting studies on the efficiency and effectiveness
  473  of the program to include feasibility studies as described in
  474  subsection (13).
  475         c. Providing funds for future enhancements of the program
  476  within the intent of this section.
  477         d. Providing user training of the prescription drug
  478  monitoring program, including distribution of materials to
  479  promote public awareness and education and conducting workshops
  480  or other meetings, for health care practitioners, pharmacists,
  481  and others as appropriate.
  482         e. Providing funds for travel expenses.
  483         f. Providing funds for administrative costs, including
  484  personnel, audits, facilities, and equipment.
  485         g. Fulfilling all other requirements necessary to implement
  486  and operate the program as outlined in this section.
  487         (e) The activities of the direct-support organization must
  488  be consistent with the goals and mission of the Office of Drug
  489  Control, as determined by the office in consultation with the
  490  department, and in the best interests of the state. The direct
  491  support organization must obtain a written approval from the
  492  State Surgeon General or his or her designee director of the
  493  Office of Drug Control for any activities in support of the
  494  prescription drug monitoring program before undertaking those
  495  activities.
  496         (f) The Office of Drug Control, in consultation with the
  497  department, may permit, without charge, appropriate use of
  498  administrative services, property, and facilities of the Office
  499  of Drug Control and the department by the direct-support
  500  organization, subject to this section. The use must be directly
  501  in keeping with the approved purposes of the direct-support
  502  organization and may not be made at times or places that would
  503  unreasonably interfere with opportunities for the public to use
  504  such facilities for established purposes. Any moneys received
  505  from rentals of facilities and properties managed by the Office
  506  of Drug Control and the department may be held by the department
  507  Office of Drug Control or in a separate depository account in
  508  the name of the direct-support organization and subject to the
  509  provisions of the letter of agreement with the department Office
  510  of Drug Control. The letter of agreement must provide that any
  511  funds held in the separate depository account in the name of the
  512  direct-support organization must revert to the department Office
  513  of Drug Control if the direct-support organization is no longer
  514  approved by the department Office of Drug Control to operate in
  515  the best interests of the state.
  516         (g) The Office of Drug Control, in consultation with the
  517  department, may adopt rules under s. 120.54 to govern the use of
  518  administrative services, property, or facilities of the
  519  department or office by the direct-support organization.
  520         (h) The state Office of Drug Control may not permit the use
  521  of any of its administrative services, property, or facilities
  522  of the state by a direct-support organization if that
  523  organization does not provide equal membership and employment
  524  opportunities to all persons regardless of race, color,
  525  religion, gender, age, or national origin.
  526         (i) The direct-support organization shall provide for an
  527  independent annual financial audit in accordance with s.
  528  215.981. Copies of the audit shall be provided to the department
  529  Office of Drug Control and the Office of Policy and Budget in
  530  the Executive Office of the Governor.
  531         (j) The direct-support organization may not exercise any
  532  power under s. 617.0302(12) or (16).
  533         (13) To the extent that funding is provided for such
  534  purpose through federal or private grants or gifts and other
  535  types of available moneys, the department, in collaboration with
  536  the Office of Drug Control, shall study the feasibility of
  537  enhancing the prescription drug monitoring program for the
  538  purposes of public health initiatives and statistical reporting
  539  that respects the privacy of the patient, the prescriber, and
  540  the dispenser. Such a study shall be conducted in order to
  541  further improve the quality of health care services and safety
  542  by improving the prescribing and dispensing practices for
  543  prescription drugs, taking advantage of advances in technology,
  544  reducing duplicative prescriptions and the overprescribing of
  545  prescription drugs, and reducing drug abuse. The requirements of
  546  the National All Schedules Prescription Electronic Reporting
  547  (NASPER) Act are authorized in order to apply for federal NASPER
  548  funding. In addition, the direct-support organization shall
  549  provide funding for the department, in collaboration with the
  550  Office of Drug Control, to conduct training for health care
  551  practitioners and other appropriate persons in using the
  552  monitoring program to support the program enhancements.
  553         Section 10. Subsections (2) and (5) and paragraph (a) of
  554  subsection (6) of section 943.031, Florida Statutes, are amended
  555  to read:
  556         943.031 Florida Violent Crime and Drug Control Council.—
  557         (2) MEMBERSHIP.—The council shall consist of 14 members, as
  558  follows:
  559         (a) The Attorney General or a designate.
  560         (b) A designate of the executive director of the Department
  561  of Law Enforcement.
  562         (c) The secretary of the Department of Corrections or a
  563  designate.
  564         (d) The Secretary of Juvenile Justice or a designate.
  565         (e) The Commissioner of Education or a designate.
  566         (f) The president of the Florida Network of Victim/Witness
  567  Services, Inc., or a designate.
  568         (g) The policy coordinator in the Public Safety Unit of the
  569  Governor’s Office of Planning and Budgeting director of the
  570  Office of Drug Control within the Executive Office of the
  571  Governor, or a designate.
  572         (h) The Chief Financial Officer, or a designate.
  573         (i) Six members appointed by the Governor, consisting of
  574  two sheriffs, two chiefs of police, one medical examiner, and
  575  one state attorney or their designates.
  576  
  577  The Governor, when making appointments under this subsection,
  578  must take into consideration representation by geography,
  579  population, ethnicity, and other relevant factors to ensure that
  580  the membership of the council is representative of the state at
  581  large. Designates appearing on behalf of a council member who is
  582  unable to attend a meeting of the council are empowered to vote
  583  on issues before the council to the same extent the designating
  584  council member is so empowered.
  585         (5) DUTIES OF COUNCIL.—The council shall provide advice and
  586  make recommendations, as necessary, to the executive director of
  587  the department.
  588         (a) The council may advise the executive director on the
  589  feasibility of undertaking initiatives which include, but are
  590  not limited to, the following:
  591         1. Establishing a program which provides grants to criminal
  592  justice agencies that develop and implement effective violent
  593  crime prevention and investigative programs and which provides
  594  grants to law enforcement agencies for the purpose of drug
  595  control, criminal gang, and illicit money laundering
  596  investigative efforts or task force efforts that are determined
  597  by the council to significantly contribute to achieving the
  598  state’s goal of reducing drug-related crime as articulated by
  599  the Office of Drug Control, that represent significant criminal
  600  gang investigative efforts, that represent a significant illicit
  601  money laundering investigative effort, or that otherwise
  602  significantly support statewide strategies developed by the
  603  Statewide Drug Policy Advisory Council established under s.
  604  397.333, subject to the limitations provided in this section.
  605  The grant program may include an innovations grant program to
  606  provide startup funding for new initiatives by local and state
  607  law enforcement agencies to combat violent crime or to implement
  608  drug control, criminal gang, or illicit money laundering
  609  investigative efforts or task force efforts by law enforcement
  610  agencies, including, but not limited to, initiatives such as:
  611         a. Providing enhanced community-oriented policing.
  612         b. Providing additional undercover officers and other
  613  investigative officers to assist with violent crime
  614  investigations in emergency situations.
  615         c. Providing funding for multiagency or statewide drug
  616  control, criminal gang, or illicit money laundering
  617  investigative efforts or task force efforts that cannot be
  618  reasonably funded completely by alternative sources and that
  619  significantly contribute to achieving the state’s goal of
  620  reducing drug-related crime as articulated by the Office of Drug
  621  Control, that represent significant criminal gang investigative
  622  efforts, that represent a significant illicit money laundering
  623  investigative effort, or that otherwise significantly support
  624  statewide strategies developed by the Statewide Drug Policy
  625  Advisory Council established under s. 397.333.
  626         2. Expanding the use of automated fingerprint
  627  identification systems at the state and local level.
  628         3. Identifying methods to prevent violent crime.
  629         4. Identifying methods to enhance multiagency or statewide
  630  drug control, criminal gang, or illicit money laundering
  631  investigative efforts or task force efforts that significantly
  632  contribute to achieving the state’s goal of reducing drug
  633  related crime as articulated by the Office of Drug Control, that
  634  represent significant criminal gang investigative efforts, that
  635  represent a significant illicit money laundering investigative
  636  effort, or that otherwise significantly support statewide
  637  strategies developed by the Statewide Drug Policy Advisory
  638  Council established under s. 397.333.
  639         5. Enhancing criminal justice training programs which
  640  address violent crime, drug control, illicit money laundering
  641  investigative techniques, or efforts to control and eliminate
  642  criminal gangs.
  643         6. Developing and promoting crime prevention services and
  644  educational programs that serve the public, including, but not
  645  limited to:
  646         a. Enhanced victim and witness counseling services that
  647  also provide crisis intervention, information referral,
  648  transportation, and emergency financial assistance.
  649         b. A well-publicized rewards program for the apprehension
  650  and conviction of criminals who perpetrate violent crimes.
  651         7. Enhancing information sharing and assistance in the
  652  criminal justice community by expanding the use of community
  653  partnerships and community policing programs. Such expansion may
  654  include the use of civilian employees or volunteers to relieve
  655  law enforcement officers of clerical work in order to enable the
  656  officers to concentrate on street visibility within the
  657  community.
  658         (b) The full council shall:
  659         1. Receive periodic reports from regional violent crime
  660  investigation and statewide drug control strategy implementation
  661  coordinating teams which relate to violent crime trends or the
  662  investigative needs or successes in the regions, including
  663  discussions regarding the activity of significant criminal gangs
  664  in the region, factors, and trends relevant to the
  665  implementation of the statewide drug strategy, and the results
  666  of drug control and illicit money laundering investigative
  667  efforts funded in part by the council.
  668         2. Maintain and use criteria for the disbursement of funds
  669  from the Violent Crime Investigative Emergency and Drug Control
  670  Strategy Implementation Account or any other account from which
  671  the council may disburse proactive investigative funds as may be
  672  established within the Department of Law Enforcement Operating
  673  Trust Fund or other appropriations provided to the Department of
  674  Law Enforcement by the Legislature in the General Appropriations
  675  Act. The criteria shall allow for the advancement of funds to
  676  reimburse agencies regarding violent crime investigations as
  677  approved by the full council and the advancement of funds to
  678  implement proactive drug control strategies or significant
  679  criminal gang investigative efforts as authorized by the Drug
  680  Control Strategy and Criminal Gang Committee or the Victim and
  681  Witness Protection Review Committee. Regarding violent crime
  682  investigation reimbursement, an expedited approval procedure
  683  shall be established for rapid disbursement of funds in violent
  684  crime emergency situations.
  685         (c) As used in this section, “significant criminal gang
  686  investigative efforts” eligible for proactive funding must
  687  involve at a minimum an effort against a known criminal gang
  688  that:
  689         1. Involves multiple law enforcement agencies.
  690         2. Reflects a dedicated significant investigative effort on
  691  the part of each participating agency in personnel, time devoted
  692  to the investigation, and agency resources dedicated to the
  693  effort.
  694         3. Reflects a dedicated commitment by a prosecuting
  695  authority to ensure that cases developed by the investigation
  696  will be timely and effectively prosecuted.
  697         4. Demonstrates a strategy and commitment to dismantling
  698  the criminal gang via seizures of assets, significant money
  699  laundering and organized crime investigations and prosecutions,
  700  or similar efforts.
  701  
  702  The council may require satisfaction of additional elements, to
  703  include reporting criminal investigative and criminal
  704  intelligence information related to criminal gang activity and
  705  members in a manner required by the department, as a
  706  prerequisite for receiving proactive criminal gang funding.
  707         (6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.—
  708         (a) The Drug Control Strategy and Criminal Gang Committee
  709  is created within the Florida Violent Crime and Drug Control
  710  Council, consisting of the following council members:
  711         1. The Attorney General or a designate.
  712         2. The designate of the executive director of the
  713  Department of Law Enforcement.
  714         3. The secretary of the Department of Corrections or a
  715  designate.
  716         4. The director of the Office of Planning and Budgeting in
  717  the Executive Office of the Governor Drug Control within the
  718  Executive Office of the Governor or a designate.
  719         5. The state attorney, the two sheriffs, and the two chiefs
  720  of police, or their designates.
  721         Section 11. Subsection (1) of section 943.042, Florida
  722  Statutes, is amended to read:
  723         943.042 Violent Crime Investigative Emergency and Drug
  724  Control Strategy Implementation Account.—
  725         (1) There is created a Violent Crime Investigative
  726  Emergency and Drug Control Strategy Implementation Account
  727  within the Department of Law Enforcement Operating Trust Fund.
  728  The account shall be used to provide emergency supplemental
  729  funds to:
  730         (a) State and local law enforcement agencies that which are
  731  involved in complex and lengthy violent crime investigations, or
  732  matching funding to multiagency or statewide drug control or
  733  illicit money laundering investigative efforts or task force
  734  efforts that significantly contribute to achieving the state’s
  735  goal of reducing drug-related crime as articulated by the Office
  736  of Drug Control, that represent a significant illicit money
  737  laundering investigative effort, or that otherwise significantly
  738  support statewide strategies developed by the Statewide Drug
  739  Policy Advisory Council established under s. 397.333;
  740         (b) State and local law enforcement agencies that which are
  741  involved in violent crime investigations which constitute a
  742  significant emergency within the state; or
  743         (c) Counties that which demonstrate a significant hardship
  744  or an inability to cover extraordinary expenses associated with
  745  a violent crime trial.
  746         Section 12. Subsection (7) of section 1006.07, Florida
  747  Statutes, is repealed.
  748         Section 13. In accordance with s. 11.242, Florida Statutes,
  749  the Division of Statutory Revision of the Office of Legislative
  750  Services is requested to prepare a reviser’s bill for
  751  consideration by the 2012 Regular Session of the Legislature to
  752  conform the Florida Statutes to the changes made by this act.
  753         Section 14. This act shall take effect July 1, 2011.