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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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,
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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