House Bill hb0111Be1

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                                         HB 111-B, First Engrossed



  1                      A bill to be entitled

  2         An act relating to domestic security; amending

  3         s. 252.311, F.S.; providing legislative intent

  4         with respect to counter-terrorism efforts and

  5         initial responses to acts of terrorism within

  6         or affecting this state; amending s. 252.35,

  7         F.S.; requiring the Division of Emergency

  8         Management within the Department of Community

  9         Affairs to coordinate its responsibilities and

10         duties with respect to counter-terrorism with

11         the Department of Law Enforcement and the Chief

12         of Domestic Security Initiatives; amending s.

13         943.03, F.S.; requiring the Department of Law

14         Enforcement to coordinate and direct the

15         response to acts of terrorism; requiring the

16         executive director of the department to serve

17         as or designate a Chief of Domestic Security

18         Initiatives; creating s. 943.0311, F.S.;

19         specifying duties of the Chief of Domestic

20         Security Initiatives; requiring the chief to

21         conduct security assessments of buildings and

22         facilities owned or leased by state agencies or

23         local governments; requiring that the chief

24         recommend minimum security standards or needs

25         for security enhancement to the Governor and

26         the Legislature; requiring the chief to develop

27         recommended best practices for safety and

28         security; authorizing security assessments of

29         buildings or facilities owned by private

30         entities; requiring the executive director of

31         the department to submit recommendations


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                                         HB 111-B, First Engrossed



  1         concerning security to the Governor and the

  2         Legislature; creating s. 943.0312, F.S.;

  3         requiring the Department of Law Enforcement to

  4         establish a regional domestic security task

  5         force in each of the department's operational

  6         regions; providing for membership of the task

  7         forces; providing duties of the task forces

  8         with respect to coordinating training and the

  9         collection of investigative and intelligence

10         information; requiring the Chief of Domestic

11         Security Initiatives to recommend funding and

12         training requirements to the Governor and the

13         Legislature; requiring the regional task forces

14         to provide for investigating and responding to

15         certain hate crimes; providing for per diem and

16         travel expenses; requiring the department to

17         provide staff and administrative support for

18         the task forces; creating s. 775.30, F.S.;

19         defining the term "terrorism" for use in the

20         criminal code; creating s. 943.0321, F.S.;

21         creating the Florida Domestic Security and

22         Counter-Terrorism Intelligence Center within

23         the Department of Law Enforcement; creating the

24         Florida Domestic Security and Counter-Terrorism

25         Database within the intelligence center;

26         providing functions of the intelligence center

27         with respect to gathering and analyzing active

28         criminal intelligence information and criminal

29         investigative information; requiring the

30         intelligence center to maintain and operate the

31         database; providing requirements for the


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                                         HB 111-B, First Engrossed



  1         database; requiring that the Department of Law

  2         Enforcement establish methods for providing

  3         information from the database to law

  4         enforcement agencies and prosecutors; providing

  5         that information that is exempt from public

  6         disclosure and is released to another agency or

  7         prosecutor by the intelligence center retains

  8         such exemption; providing that information that

  9         is exempt from public disclosure and is

10         obtained by the intelligence center retains

11         such exemption; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 252.311, Florida Statutes, is

16  amended to read:

17         252.311  Legislative intent.--

18         (1)  The Legislature finds and declares that the state

19  is vulnerable to a wide range of emergencies, including

20  natural, technological, and manmade disasters, including, but

21  not limited to, acts of terrorism within or affecting this

22  state, all of which threaten the life, health, and safety of

23  its people; damage and destroy property; disrupt services and

24  everyday business and recreational activities; and impede

25  economic growth and development.  The Legislature further

26  finds that this vulnerability is exacerbated by the tremendous

27  growth in the state's population, especially the growth in the

28  number of persons residing in coastal areas, in the elderly

29  population, in the number of seasonal vacationers, and in the

30  number of persons with special needs.  This growth has greatly

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                                         HB 111-B, First Engrossed



  1  complicated the state's ability to coordinate its emergency

  2  management resources and activities.

  3         (2)  It is the intent of the Legislature to reduce the

  4  vulnerability of the people and property of this state; to

  5  prepare for efficient evacuation and shelter of threatened or

  6  affected persons; to provide for the rapid and orderly

  7  provision of relief to persons and for the restoration of

  8  services and property; and to provide for the coordination of

  9  activities relating to emergency preparedness, response,

10  recovery, and mitigation among and between agencies and

11  officials of this state, with similar agencies and officials

12  of other states, with local and federal governments, with

13  interstate organizations, and with the private sector.

14         (3)  The Legislature finds that with respect to

15  counter-terrorism efforts and initial responses to acts of

16  terrorism within or affecting this state, specialized efforts

17  of emergency management that are unique to such situations are

18  required and that these efforts intrinsically involve very

19  close coordination of federal, state, and local law

20  enforcement agencies with the efforts of all others involved

21  in emergency-response efforts. In order to best provide this

22  specialized effort with respect to counter-terrorism efforts

23  and responses, the Legislature has determined that such

24  efforts should be coordinated by and through the Department of

25  Law Enforcement, working closely with the Division of

26  Emergency Management and others involved in preparation

27  against acts of terrorism in or affecting this state, and in

28  the initial response to such acts.

29         (4)(3)  It is further the intent of the Legislature to

30  promote the state's emergency preparedness, response,

31  recovery, and mitigation capabilities through enhanced


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                                         HB 111-B, First Engrossed



  1  coordination, long-term planning, and adequate funding.  State

  2  policy for responding to disasters is to support local

  3  emergency response efforts.  In the case of a major or

  4  catastrophic disaster, however, the needs of residents and

  5  communities will likely be greater than local resources.  In

  6  these situations, the state must be capable of providing

  7  effective, coordinated, and timely support to communities and

  8  the public.  Therefore, the Legislature hereby determines and

  9  declares that the provisions of this act fulfill an important

10  state interest.

11         Section 2.  Subsection (14) is added to section 943.03,

12  Florida Statutes, to read:

13         943.03  Department of Law Enforcement.--

14         (14)  The department, with respect to counter-terrorism

15  efforts, responses to acts of terrorism within or affecting

16  this state, and other matters related to the domestic security

17  of Florida as it relates to terrorism, shall coordinate and

18  direct the law enforcement, initial emergency, and other

19  initial responses. The department shall work closely with the

20  Division of Emergency Management, other federal, state, and

21  local law enforcement agencies, fire and rescue agencies,

22  first-responder agencies, and others involved in preparation

23  against acts of terrorism in or affecting this state and in

24  the response to such acts. The executive director of the

25  department, or another member of the department designated by

26  the director, shall serve as Chief of Domestic Security

27  Initiatives for the purpose of directing and coordinating such

28  efforts. The department and Chief of Domestic Security

29  Initiatives shall use the regional domestic security task

30  forces as established in this chapter to assist in such

31  efforts.


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                                         HB 111-B, First Engrossed



  1         Section 3.  Section 943.0311, Florida Statutes, is

  2  amended to read:

  3         943.0311  Chief of Domestic Security Initiatives and

  4  the department's duties with respect to domestic

  5  security.--The executive director of the department, or a

  6  member of the department designated by the executive director,

  7  shall serve as the Chief of Domestic Security Initiatives.

  8         (1)  The Chief of Domestic Security Initiatives shall:

  9         (a)  Coordinate the efforts of the department in the

10  ongoing assessment of this state's vulnerability to, and

11  ability to detect and respond to, acts of terrorism, as

12  defined in s. 775.30, within or affecting this state.

13         (b)  Prepare recommendations for the Executive Office

14  of the Governor, the President of the Senate, and the Speaker

15  of the House of Representatives which are based upon ongoing

16  assessments to limit the vulnerability of the state to

17  terrorism.

18         (c)  Coordinate the collection of proposals to limit

19  the vulnerability of the state to terrorism.

20         (d)  Use regional task forces to support the duties of

21  the department set forth in this section.

22         (e)  Use public or private resources to perform the

23  duties assigned to the department under this section.

24         (f)  Perform other duties assigned by law.

25         (2)(a)  The chief shall conduct specific security

26  assessments of buildings and facilities owned or leased by

27  state agencies or local governments. All state agencies and

28  local governments shall cooperate with the department and

29  provide requested information and resources to assist the

30  department in meeting its responsibilities under this section.

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                                         HB 111-B, First Engrossed



  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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                                         HB 111-B, First Engrossed



  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.

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                                         HB 111-B, First Engrossed



  1         (a)  Subject to annual appropriation, the department

  2  shall provide dedicated employees to support the function of

  3  each regional domestic security task force.

  4         (b)  Each task force shall be co-chaired by the

  5  department's regional director of the operational region in

  6  which the task force is located and by a local sheriff or

  7  chief of police from within the operational region.

  8         (c)  Each task force membership may also include an

  9  available representative from the Division of Emergency

10  Management; an available representative from the Department of

11  Health; an available representative of a local emergency

12  planning committee; representatives of state and local law

13  enforcement agencies, fire and rescue departments, or

14  first-responder personnel; and other persons as deemed

15  appropriate and necessary by the task force co-chairs.

16         (2)  The goals of each task force shall include

17  coordinating efforts to counter terrorism, as defined by s.

18  775.30, among local, state, and federal resources to ensure

19  that such efforts are not fragmented or unnecessarily

20  duplicated; coordinating training for local and state

21  personnel to counter terrorism as defined by s. 775.30;

22  coordinating the collection and dissemination of investigative

23  and intelligence information, including promoting the

24  appropriate use of the department's domestic security and

25  counter-terrorism database; and facilitating responses to

26  terrorist incidents within or affecting each region. With the

27  approval of the Chief of Domestic Security Initiatives, the

28  task forces may incorporate other objectives reasonably

29  related to the goals of enhancing the state's domestic

30  security and ability to detect, prevent, and respond to acts

31  of terrorism within or affecting this state. Each task force


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                                         HB 111-B, First Engrossed



  1  shall take into account the variety of conditions and

  2  resources present within its region.

  3         (3)  The Chief of Domestic Security Initiatives, in

  4  conjunction with the Division of Emergency Management, the

  5  regional domestic security task forces, and the various state

  6  entities responsible for establishing training standards

  7  applicable to state law enforcement officers and fire,

  8  emergency, and first-responder personnel, shall identify

  9  appropriate equipment and training needs, curricula, and

10  materials related to the effective response to suspected or

11  actual acts of terrorism or incidents involving real or hoax

12  weapons of mass destruction as defined in s. 790.166.

13  Recommendations for funding for purchases of equipment,

14  delivery of training, implementation of, or revision to basic

15  or continued training required for state licensure or

16  certification, or other related responses shall be made by the

17  Chief of Domestic Security Initiatives to the Executive Office

18  of the Governor, the President of the Senate, and the Speaker

19  of the House of Representatives as necessary to assure that

20  the needs of this state with regard to the equipping,

21  outfitting, and training of response personnel are identified

22  and addressed. In making such recommendations, the Chief of

23  Domestic Security Initiatives and the Division of Emergency

24  Management shall identify all funding sources that may be

25  available to fund such equipping, outfitting, and training.

26         (4)  Each regional domestic security task force,

27  working in conjunction with the department, the Office of the

28  Attorney General, and other public or private entities, shall

29  work to ensure that hate-driven acts against ethnic groups

30  that may have been targeted as a result of acts of terrorism

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                                         HB 111-B, First Engrossed



  1  in or affecting this state are appropriately investigated and

  2  responded to.

  3         (5)  Members of each regional domestic security task

  4  force may not receive any pay other than their salaries

  5  normally received from their employers, but are entitled to

  6  reimbursement for per diem and travel expenses in accordance

  7  with s. 112.061.

  8         (6)  Subject to annual appropriation, the Department of

  9  Law Enforcement shall provide staff and administrative support

10  for the regional domestic security task forces.

11         Section 5.  Section 775.30, Florida Statutes, is

12  created to read:

13         775.30  Terrorism; defined.--As used in the criminal

14  code of this state, the term "terrorism" means an activity

15  that:

16         (1)(a)  Involves a violent act or an act dangerous to

17  human life which is a violation of the criminal laws of this

18  state or of the United States; or

19         (b)  Involves a violation of s. 815.06; and

20         (2)  Is intended to:

21         (a)  Intimidate, injure, or coerce a civilian

22  population;

23         (b)  Influence the policy of a government by

24  intimidation or coercion; or

25         (c)  Affect the conduct of government through

26  destruction of property, assassination, murder, kidnapping, or

27  aircraft piracy.

28         Section 6.  Section 943.0321, Florida Statutes, is

29  created to read:

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                                         HB 111-B, First Engrossed



  1         943.0321  The Florida Domestic Security and

  2  Counter-Terrorism Intelligence Center and the Florida Domestic

  3  Security and Counter-Terrorism Database.--

  4         (1)(a)  There is created within the Department of Law

  5  Enforcement the Florida Domestic Security and

  6  Counter-Terrorism Intelligence Center.

  7         (b)  The Florida Domestic Security and

  8  Counter-Terrorism Database is created within the Florida

  9  Domestic Security and Counter-Terrorism Intelligence Center.

10         (2)  The intelligence center shall:

11         (a)  Gather, document, and analyze active criminal

12  intelligence and criminal investigative information related to

13  terrorism, as defined in s. 775.30, including information

14  related to individuals or groups that plot, plan, or

15  coordinate acts of terrorism, as defined in s. 775.30, and

16  that operate within this state or otherwise commit acts

17  affecting this state;

18         (b)  Maintain and operate the domestic security and

19  counter-terrorism database; and

20         (c)  Provide support and assistance to federal, state,

21  and local law enforcement agencies and prosecutors that

22  investigate or prosecute terrorism, as defined in s. 775.30.

23         (3)(a)  The database shall include active criminal

24  intelligence information and active criminal investigative

25  information submitted by federal, state, or local law

26  enforcement agencies and prosecutors and information that is

27  available from other law-enforcement databases.

28         (b)  The database shall be capable of performing data

29  review and processing that may reveal patterns, trends, and

30  correlations indicative of potential or actual terrorism

31  activity within or affecting this state.


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                                         HB 111-B, First Engrossed



  1         (c)  The department shall establish methods and

  2  parameters by which information and data is transferred to the

  3  department for inclusion in the database. Information

  4  developed in or through the use of the database shall be made

  5  available to federal, state, and local law enforcement

  6  agencies and prosecutors in a manner defined by the department

  7  and as allowed by state or federal law or rule.

  8         (4)(a)  Information that is exempt from public

  9  disclosure under chapter 119 when in the possession of the

10  intelligence center retains its exemption from public

11  disclosure after such information is revealed to a federal,

12  state, or local law enforcement agency or prosecutor, except

13  as otherwise provided by law.

14         (b)  Information obtained by the intelligence center

15  from a federal, state, or local law enforcement agency or

16  prosecutor which is exempt from public disclosure under state

17  or federal law when in the possession of a federal, state, or

18  local law enforcement agency or prosecutor retains its

19  exemption from public disclosure after such information is

20  revealed to the intelligence center, except as otherwise

21  provided by law.

22         Section 7.  This act shall take effect upon becoming a

23  law.

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