HOUSE AMENDMENT
                                                 Bill No. HB 111-B
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Security, Select offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Section 252.311, Florida Statutes, is
18  amended to read:
19         252.311  Legislative intent.--
20         (1)  The Legislature finds and declares that the state
21  is vulnerable to a wide range of emergencies, including
22  natural, technological, and manmade disasters, including, but
23  not limited to, acts of terrorism within or affecting this
24  state, all of which threaten the life, health, and safety of
25  its people; damage and destroy property; disrupt services and
26  everyday business and recreational activities; and impede
27  economic growth and development.  The Legislature further
28  finds that this vulnerability is exacerbated by the tremendous
29  growth in the state's population, especially the growth in the
30  number of persons residing in coastal areas, in the elderly
31  population, in the number of seasonal vacationers, and in the
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    File original & 9 copies    10/30/01                          
    hgr0003                     09:19 am         B0111-sec -291769

HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 number of persons with special needs. This growth has greatly 2 complicated the state's ability to coordinate its emergency 3 management resources and activities. 4 (2) It is the intent of the Legislature to reduce the 5 vulnerability of the people and property of this state; to 6 prepare for efficient evacuation and shelter of threatened or 7 affected persons; to provide for the rapid and orderly 8 provision of relief to persons and for the restoration of 9 services and property; and to provide for the coordination of 10 activities relating to emergency preparedness, response, 11 recovery, and mitigation among and between agencies and 12 officials of this state, with similar agencies and officials 13 of other states, with local and federal governments, with 14 interstate organizations, and with the private sector. 15 (3) The Legislature finds that with respect to 16 counter-terrorism efforts and initial responses to acts of 17 terrorism within or affecting this state, specialized efforts 18 of emergency management that are unique to such situations are 19 required and that these efforts intrinsically involve very 20 close coordination of federal, state, and local law 21 enforcement agencies with the efforts of all others involved 22 in emergency-response efforts. In order to best provide this 23 specialized effort with respect to counter-terrorism efforts 24 and responses, the Legislature has determined that such 25 efforts should be coordinated by and through the Department of 26 Law Enforcement, working closely with the Division of 27 Emergency Management and others involved in preparation 28 against acts of terrorism in or affecting this state, and in 29 the initial response to such acts. 30 (4)(3) It is further the intent of the Legislature to 31 promote the state's emergency preparedness, response, 2 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 recovery, and mitigation capabilities through enhanced 2 coordination, long-term planning, and adequate funding. State 3 policy for responding to disasters is to support local 4 emergency response efforts. In the case of a major or 5 catastrophic disaster, however, the needs of residents and 6 communities will likely be greater than local resources. In 7 these situations, the state must be capable of providing 8 effective, coordinated, and timely support to communities and 9 the public. Therefore, the Legislature hereby determines and 10 declares that the provisions of this act fulfill an important 11 state interest. 12 Section 2. Subsection (14) is added to section 943.03, 13 Florida Statutes, to read: 14 943.03 Department of Law Enforcement.-- 15 (14) The department, with respect to counter-terrorism 16 efforts, responses to acts of terrorism within or affecting 17 this state, and other matters related to the domestic security 18 of Florida as it relates to terrorism, shall coordinate and 19 direct the law enforcement, initial emergency, and other 20 initial responses. The department shall work closely with the 21 Division of Emergency Management, other federal, state, and 22 local law enforcement agencies, fire and rescue agencies, 23 first-responder agencies, and others involved in preparation 24 against acts of terrorism in or affecting this state and in 25 the response to such acts. The executive director of the 26 department, or another member of the department designated by 27 the director, shall serve as Chief of Domestic Security 28 Initiatives for the purpose of directing and coordinating such 29 efforts. The department and Chief of Domestic Security 30 Initiatives shall use the regional domestic security task 31 forces as established in this chapter to assist in such 3 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 efforts. 2 Section 3. Section 943.0311, Florida Statutes, is 3 amended to read: 4 943.0311 Chief of Domestic Security Initiatives and 5 the department's duties with respect to domestic 6 security.--The executive director of the department, or a 7 member of the department designated by the executive director, 8 shall serve as the Chief of Domestic Security Initiatives. 9 (1) The Chief of Domestic Security Initiatives shall: 10 (a) Coordinate the efforts of the department in the 11 ongoing assessment of this state's vulnerability to, and 12 ability to detect and respond to, acts of terrorism, as 13 defined in s. 775.30, within or affecting this state. 14 (b) Prepare recommendations for the Executive Office 15 of the Governor, the President of the Senate, and the Speaker 16 of the House of Representatives which are based upon ongoing 17 assessments to limit the vulnerability of the state to 18 terrorism. 19 (c) Coordinate the collection of proposals to limit 20 the vulnerability of the state to terrorism. 21 (d) Use regional task forces to support the duties of 22 the department set forth in this section. 23 (e) Use public or private resources to perform the 24 duties assigned to the department under this section. 25 (f) Perform other duties assigned by law. 26 (2)(a) The chief shall conduct specific security 27 assessments of buildings and facilities owned or leased by 28 state agencies or local governments. All state agencies and 29 local governments shall cooperate with the department and 30 provide requested information and resources to assist the 31 department in meeting its responsibilities under this section. 4 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 (b) Based upon the security assessments, the chief 2 shall prepare recommendations to enhance the security of 3 buildings and facilities owned or leased by state agencies or 4 local governments. 5 (c) The chief shall report to the Executive Office of 6 the Governor, the President of the Senate, and the Speaker of 7 the House of Representatives recommended minimum security 8 standards or security-enhancement needs for any building or 9 facility owned or leased by a state agency or local 10 government. The report must identify and prioritize the 11 recommended security enhancements and provide recommendations 12 to maximize federal funding in support of building and 13 facility security. 14 (3) The chief shall develop and submit to the 15 Executive Office of the Governor, the President of the Senate, 16 and the Speaker of the House of Representatives recommended 17 best practices for safety and security. The recommended best 18 practices are not a rule as defined in chapter 120. The chief 19 shall review the recommended best practices as necessary, but 20 at least once each year, and shall submit any recommended 21 changes to the Executive Office of the Governor, the President 22 of the Senate, and the Speaker of the House of 23 Representatives. 24 (4) The chief may conduct specific security 25 assessments of a building or facility owned by a private 26 entity upon the request of that private entity. The chief may 27 prioritize requests, and such prioritization is not agency 28 action that is subject to review under chapter 120. The chief 29 may solicit private entities for the purpose of receiving 30 requests to perform security assessments of buildings or 31 facilities. Private entities are urged to cooperate with and 5 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 assist the department in meeting its responsibilities for 2 domestic security. 3 (5) By November 1 of each year, the executive director 4 shall compile, coordinate, and prioritize recommendations and 5 proposals concerning security and shall present the 6 recommendations and proposals to the Executive Office of the 7 Governor, the President of the Senate, and the Speaker of the 8 House of Representatives. All recommendations seeking funding 9 shall be prioritized, with critical domestic security needs 10 requiring immediate or top-priority funding being clearly 11 identified. Such recommendations shall include recommendations 12 to maximize federal funding in support of the state's 13 domestic-security efforts. 14 Section 4. Section 943.0312, Florida Statutes, is 15 created to read: 16 943.0312 Regional domestic security task forces.--The 17 Legislature finds that there is a need to develop and 18 implement a statewide strategy to address preparation and 19 response efforts by federal, state, and local law enforcement 20 agencies, emergency management agencies, fire and rescue 21 departments, first-responder personnel, and others in dealing 22 with potential or actual terrorist acts within or affecting 23 this state. 24 (1) To assist the department and the Chief of Domestic 25 Security Initiatives in performing their roles and duties in 26 this regard, the department shall establish a regional 27 domestic security task force in each of the department's 28 operational regions. The task forces shall serve in an 29 advisory capacity to the department and the Chief of Domestic 30 Security Initiatives. 31 (a) Subject to annual appropriation, the department 6 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 shall provide dedicated employees to support the function of 2 each regional domestic security task force. 3 (b) Each task force shall be co-chaired by the 4 department's regional director of the operational region in 5 which the task force is located and by a local sheriff or 6 chief of police from within the operational region. 7 (c) Each task force membership may also include an 8 available representative from the Division of Emergency 9 Management; an available representative from the Department of 10 Health; an available representative of a local emergency 11 planning committee; representatives of state and local law 12 enforcement agencies, fire and rescue departments, or 13 first-responder personnel; and other persons as deemed 14 appropriate and necessary by the task force co-chairs. 15 (2) The goals of each task force shall include 16 coordinating efforts to counter terrorism, as defined by s. 17 775.30, among local, state, and federal resources to ensure 18 that such efforts are not fragmented or unnecessarily 19 duplicated; coordinating training for local and state 20 personnel to counter terrorism as defined by s. 775.30; 21 coordinating the collection and dissemination of investigative 22 and intelligence information, including promoting the 23 appropriate use of the department's domestic security and 24 counter-terrorism database; and facilitating responses to 25 terrorist incidents within or affecting each region. With the 26 approval of the Chief of Domestic Security Initiatives, the 27 task forces may incorporate other objectives reasonably 28 related to the goals of enhancing the state's domestic 29 security and ability to detect, prevent, and respond to acts 30 of terrorism within or affecting this state. Each task force 31 shall take into account the variety of conditions and 7 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 resources present within its region. 2 (3) The Chief of Domestic Security Initiatives, in 3 conjunction with the Division of Emergency Management, the 4 regional domestic security task forces, and the various state 5 entities responsible for establishing training standards 6 applicable to state law enforcement officers and fire, 7 emergency, and first-responder personnel, shall identify 8 appropriate equipment and training needs, curricula, and 9 materials related to the effective response to suspected or 10 actual acts of terrorism or incidents involving real or hoax 11 weapons of mass destruction as defined in s. 790.166. 12 Recommendations for funding for purchases of equipment, 13 delivery of training, implementation of, or revision to basic 14 or continued training required for state licensure or 15 certification, or other related responses shall be made by the 16 Chief of Domestic Security Initiatives to the Executive Office 17 of the Governor, the President of the Senate, and the Speaker 18 of the House of Representatives as necessary to assure that 19 the needs of this state with regard to the equipping, 20 outfitting, and training of response personnel are identified 21 and addressed. In making such recommendations, the Chief of 22 Domestic Security Initiatives and the Division of Emergency 23 Management shall identify all funding sources that may be 24 available to fund such equipping, outfitting, and training. 25 (4) Each regional domestic security task force, 26 working in conjunction with the department, the Office of the 27 Attorney General, and other public or private entities, shall 28 work to ensure that hate-driven acts against ethnic groups 29 that may have been targeted as a result of acts of terrorism 30 in or affecting this state are appropriately investigated and 31 responded to. 8 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 (5) Members of each regional domestic security task 2 force may not receive any pay other than their salaries 3 normally received from their employers, but are entitled to 4 reimbursement for per diem and travel expenses in accordance 5 with s. 112.061. 6 (6) Subject to annual appropriation, the Department of 7 Law Enforcement shall provide staff and administrative support 8 for the regional domestic security task forces. 9 Section 5. Section 775.30, Florida Statutes, is 10 created to read: 11 775.30 Terrorism; defined.--As used in the criminal 12 code of this state, the term "terrorism" means an activity 13 that: 14 (1) Involves a violent act or act dangerous to human 15 life which is a violation of the criminal laws of this state 16 or of the United States; and 17 (2) Appears to be intended to: 18 (a) Intimidate, injure, or coerce a civilian 19 population; 20 (b) Influence the policy of a government by 21 intimidation or coercion; or 22 (c) Affect the conduct of government through 23 destruction of property, assassination, murder, or kidnapping. 24 Section 6. Section 943.0321, Florida Statutes, is 25 created to read: 26 943.0321 The Florida Domestic Security and 27 Counter-Terrorism Intelligence Center and the Florida Domestic 28 Security and Counter-Terrorism Database.-- 29 (1)(a) There is created within the Department of Law 30 Enforcement the Florida Domestic Security and 31 Counter-Terrorism Intelligence Center. 9 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 (b) The Florida Domestic Security and 2 Counter-Terrorism Database is created within the Florida 3 Domestic Security and Counter-Terrorism Intelligence Center. 4 (2) The intelligence center shall: 5 (a) Gather, document, and analyze active criminal 6 intelligence and criminal investigative information related to 7 terrorism, as defined in s. 775.30, including information 8 related to individuals or groups that plot, plan, or 9 coordinate acts of terrorism, as defined in s. 775.30, and 10 that operate within this state or otherwise commit acts 11 affecting this state; 12 (b) Maintain and operate the domestic security and 13 counter-terrorism database; and 14 (c) Provide support and assistance to federal, state, 15 and local law enforcement agencies and prosecutors that 16 investigate or prosecute terrorism, as defined in s. 775.30. 17 (3)(a) The database shall include active criminal 18 intelligence information and active criminal investigative 19 information submitted by federal, state, or local law 20 enforcement agencies and prosecutors and information that is 21 available from other law-enforcement databases. 22 (b) The database shall be capable of performing data 23 review and processing that may reveal patterns, trends, and 24 correlations indicative of potential or actual terrorism 25 activity within or affecting this state. 26 (c) The department shall establish methods and 27 parameters by which information and data is transferred to the 28 department for inclusion in the database. Information 29 developed in or through the use of the database shall be made 30 available to federal, state, and local law enforcement 31 agencies and prosecutors in a manner defined by the department 10 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 and as allowed by state or federal law or rule. 2 (4)(a) Information that is exempt from public 3 disclosure under chapter 119 when in the possession of the 4 intelligence center retains its exemption from public 5 disclosure after such information is revealed to a federal, 6 state, or local law enforcement agency or prosecutor, except 7 as otherwise provided by law. 8 (b) Information obtained by the intelligence center 9 from a federal, state, or local law enforcement agency or 10 prosecutor which is exempt from public disclosure under state 11 or federal law when in the possession of a federal, state, or 12 local law enforcement agency or prosecutor retains its 13 exemption from public disclosure after such information is 14 revealed to the intelligence center, except as otherwise 15 provided by law. 16 Section 7. This act shall take effect upon becoming a 17 law. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 remove from the title of the bill: the entire title 23 24 and insert in lieu thereof: 25 A bill to be entitled 26 An act relating to domestic security; amending 27 s. 252.311, F.S.; providing legislative intent 28 with respect to counter-terrorism efforts and 29 initial responses to acts of terrorism within 30 or affecting this state; amending s. 252.35, 31 F.S.; requiring the Division of Emergency 11 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 Management within the Department of Community 2 Affairs to coordinate its responsibilities and 3 duties with respect to counter-terrorism with 4 the Department of Law Enforcement and the Chief 5 of Domestic Security Initiatives; amending s. 6 943.03, F.S.; requiring the Department of Law 7 Enforcement to coordinate and direct the 8 response to acts of terrorism; requiring the 9 executive director of the department to serve 10 as or designate a Chief of Domestic Security 11 Initiatives; creating s. 943.0311, F.S.; 12 specifying duties of the Chief of Domestic 13 Security Initiatives; requiring the chief to 14 conduct security assessments of buildings and 15 facilities owned or leased by state agencies or 16 local governments; requiring that the chief 17 recommend minimum security standards or needs 18 for security enhancement to the Governor and 19 the Legislature; requiring the chief to develop 20 recommended best practices for safety and 21 security; authorizing security assessments of 22 buildings or facilities owned by private 23 entities; requiring the executive director of 24 the department to submit recommendations 25 concerning security to the Governor and the 26 Legislature; creating s. 943.0312, F.S.; 27 requiring the Department of Law Enforcement to 28 establish a regional domestic security task 29 force in each of the department's operational 30 regions; providing for membership of the task 31 forces; providing duties of the task forces 12 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 with respect to coordinating training and the 2 collection of investigative and intelligence 3 information; requiring the Chief of Domestic 4 Security Initiatives to recommend funding and 5 training requirements to the Governor and the 6 Legislature; requiring the regional task forces 7 to provide for investigating and responding to 8 certain hate crimes; providing for per diem and 9 travel expenses; requiring the department to 10 provide staff and administrative support for 11 the task forces; creating s. 775.30, F.S.; 12 defining the term "terrorism" for use in the 13 criminal code; creating s. 943.0321, F.S.; 14 creating the Florida Domestic Security and 15 Counter-Terrorism Intelligence Center within 16 the Department of Law Enforcement; creating the 17 Florida Domestic Security and Counter-Terrorism 18 Database within the intelligence center; 19 providing functions of the intelligence center 20 with respect to gathering and analyzing active 21 criminal intelligence information and criminal 22 investigative information; requiring the 23 intelligence center to maintain and operate the 24 database; providing requirements for the 25 database; requiring that the Department of Law 26 Enforcement establish methods for providing 27 information from the database to law 28 enforcement agencies and prosecutors; providing 29 that information that is exempt from public 30 disclosure and is released to another agency or 31 prosecutor by the intelligence center retains 13 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769
HOUSE AMENDMENT Bill No. HB 111-B Amendment No. 01 (for drafter's use only) 1 such exemption; providing that information that 2 is exempt from public disclosure and is 3 obtained by the intelligence center retains 4 such exemption; providing an effective date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 File original & 9 copies 10/30/01 hgr0003 09:19 am B0111-sec -291769