House Bill hb0049C

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2001                HB 49-C

        By Representative Goodlette






  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. 943.03,

  7         F.S.; requiring the Department of Law

  8         Enforcement to coordinate and direct the

  9         response to acts of terrorism; requiring the

10         executive director of the department to serve

11         as or designate a Chief of Domestic Security

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

13         specifying duties of the Chief of Domestic

14         Security Initiatives; requiring the chief to

15         conduct security assessments of buildings and

16         facilities owned or leased by state agencies or

17         local governments; requiring that the chief

18         recommend minimum security standards or needs

19         for security enhancement to the Governor and

20         the Legislature; requiring the chief to develop

21         recommended best practices for safety and

22         security; authorizing security assessments of

23         buildings or facilities owned by private

24         entities; requiring the executive director of

25         the department to submit recommendations

26         concerning security to the Governor and the

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

28         requiring the Department of Law Enforcement to

29         establish a regional domestic security task

30         force in each of the department's operational

31         regions; providing for membership of the task

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  1         forces; providing duties of the task forces

  2         with respect to coordinating training and the

  3         collection of investigative and intelligence

  4         information; requiring the Chief of Domestic

  5         Security Initiatives to recommend funding and

  6         training requirements to the Governor and the

  7         Legislature; requiring the regional task forces

  8         to provide for investigating and responding to

  9         certain hate crimes; providing for per diem and

10         travel expenses; requiring the department to

11         provide staff and administrative support for

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

13         defining the term "terrorism" for purposes of

14         the Florida Criminal Code; providing an

15         effective date.

16

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

18

19         Section 1.  Section 252.311, Florida Statutes, is

20  amended to read:

21         252.311  Legislative intent.--

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

23  is vulnerable to a wide range of emergencies, including

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

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

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

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

28  everyday business and recreational activities; and impede

29  economic growth and development.  The Legislature further

30  finds that this vulnerability is exacerbated by the tremendous

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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






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

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

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

  4  complicated the state's ability to coordinate its emergency

  5  management resources and activities.

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

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

  8  prepare for efficient evacuation and shelter of threatened or

  9  affected persons; to provide for the rapid and orderly

10  provision of relief to persons and for the restoration of

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

12  activities relating to emergency preparedness, response,

13  recovery, and mitigation among and between agencies and

14  officials of this state, with similar agencies and officials

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

16  interstate organizations, and with the private sector.

17         (3)  The Legislature finds that with respect to

18  counter-terrorism efforts and initial responses to acts of

19  terrorism within or affecting this state, specialized efforts

20  of emergency management that are unique to such situations are

21  required and that these efforts intrinsically involve very

22  close coordination of federal, state, and local law

23  enforcement agencies with the efforts of all others involved

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

25  specialized effort with respect to counter-terrorism efforts

26  and responses, the Legislature has determined that such

27  efforts should be coordinated by and through the Department of

28  Law Enforcement, working closely with the Division of

29  Emergency Management and others involved in preparation

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

31  the initial response to such acts.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  1         (4)(3)  It is further the intent of the Legislature to

  2  promote the state's emergency preparedness, response,

  3  recovery, and mitigation capabilities through enhanced

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

  5  policy for responding to disasters is to support local

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

  7  catastrophic disaster, however, the needs of residents and

  8  communities will likely be greater than local resources.  In

  9  these situations, the state must be capable of providing

10  effective, coordinated, and timely support to communities and

11  the public.  Therefore, the Legislature hereby determines and

12  declares that the provisions of this act fulfill an important

13  state interest.

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

15  Florida Statutes, to read:

16         943.03  Department of Law Enforcement.--

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

18  efforts, responses to acts of terrorism within or affecting

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

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

21  direct the law enforcement, initial emergency, and other

22  initial responses. The department shall work closely with the

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

24  local law enforcement agencies, fire and rescue agencies,

25  first-responder agencies, and others involved in preparation

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

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

28  department, or another member of the department designated by

29  the director, shall serve as Chief of Domestic Security

30  Initiatives for the purpose of directing and coordinating such

31  efforts. The department and Chief of Domestic Security

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  1  Initiatives shall use the regional domestic security task

  2  forces as established in this chapter to assist in such

  3  efforts.

  4         Section 3.  Section 943.0311, Florida Statutes, is

  5  created to read:

  6         943.0311  Chief of Domestic Security Initiatives and

  7  the department's duties with respect to domestic

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

  9  member of the department designated by the executive director,

10  shall serve as the Chief of Domestic Security Initiatives.

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

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

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

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

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

16         (b)  Prepare recommendations for the Executive Office

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

18  of the House of Representatives which are based upon ongoing

19  assessments to limit the vulnerability of the state to

20  terrorism.

21         (c)  Coordinate the collection of proposals to limit

22  the vulnerability of the state to terrorism.

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

24  the department set forth in this section.

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

26  duties assigned to the department under this section.

27         (f)  Perform other duties assigned by law.

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

29  assessments of buildings and facilities owned or leased by

30  state agencies or local governments. All state agencies and

31  local governments shall cooperate with the department and

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  1  provide requested information and resources to assist the

  2  department in meeting its responsibilities under this section.

  3         (b)  Based upon the security assessments, the chief

  4  shall prepare recommendations to enhance the security of

  5  buildings and facilities owned or leased by state agencies or

  6  local governments.

  7         (c)  The chief shall report to the Executive Office of

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

  9  the House of Representatives recommended minimum security

10  standards or security-enhancement needs for any building or

11  facility owned or leased by a state agency or local

12  government. The report must identify and prioritize the

13  recommended security enhancements and provide recommendations

14  to maximize federal funding in support of building and

15  facility security.

16         (3)  The chief shall develop and submit to the

17  Executive Office of the Governor, the President of the Senate,

18  and the Speaker of the House of Representatives recommended

19  best practices for safety and security. The recommended best

20  practices are not a rule as defined in chapter 120. The chief

21  shall review the recommended best practices as necessary, but

22  at least once each year, and shall submit any recommended

23  changes to the Executive Office of the Governor, the President

24  of the Senate, and the Speaker of the House of

25  Representatives.

26         (4)  The chief may conduct specific security

27  assessments of a building or facility owned by a private

28  entity upon the request of that private entity. The chief may

29  prioritize requests, and such prioritization is not agency

30  action that is subject to review under chapter 120. The chief

31  may solicit private entities for the purpose of receiving

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  1  requests to perform security assessments of buildings or

  2  facilities. Private entities are urged to cooperate with and

  3  assist the department in meeting its responsibilities for

  4  domestic security.

  5         (5)  By November 1 of each year, the executive director

  6  shall compile, coordinate, and prioritize recommendations and

  7  proposals concerning security and shall present the

  8  recommendations and proposals to the Executive Office of the

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

10  House of Representatives. All recommendations seeking funding

11  shall be prioritized, with critical domestic security needs

12  requiring immediate or top-priority funding being clearly

13  identified. Such recommendations shall include recommendations

14  to maximize federal funding in support of the state's

15  domestic-security efforts.

16         Section 4.  Section 943.0312, Florida Statutes, is

17  created to read:

18         943.0312  Regional domestic security task forces.--The

19  Legislature finds that there is a need to develop and

20  implement a statewide strategy to address preparation and

21  response efforts by federal, state, and local law enforcement

22  agencies, emergency management agencies, fire and rescue

23  departments, first-responder personnel and others in dealing

24  with potential or actual terrorist acts within or affecting

25  this state.

26         (1)  To assist the department and the Chief of Domestic

27  Security Initiatives in performing their roles and duties in

28  this regard, the department shall establish a regional

29  domestic security task force in each of the department's

30  operational regions. The task forces shall serve in an

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  1  advisory capacity to the department and the Chief of Domestic

  2  Security Initiatives.

  3         (a)  Subject to annual appropriation, the department

  4  shall provide dedicated employees to support the function of

  5  each regional domestic security task force.

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

  7  department's regional director of the operational region in

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

  9  chief of police from within the operational region.

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

11  available representative from the Division of Emergency

12  Management; an available representative from the Department of

13  Health; an available representative of a local emergency

14  planning committee; representatives of state and local law

15  enforcement agencies, fire and rescue departments, or

16  first-responder personnel; and other persons as deemed

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

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

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

20  775.30, among local, state, and federal resources to ensure

21  that such efforts are not fragmented or unnecessarily

22  duplicated; coordinating training for local and state

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

24  coordinating the collection and dissemination of investigative

25  and intelligence information; 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

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  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

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  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 Florida

14  Criminal Code, the term "terrorism" means an activity that:

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

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

17  state or of the United States; or

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

19         (2)  Is intended to:

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

21  population;

22         (b)  Influence the policy of a government by

23  intimidation or coercion; or

24         (c)  Affect the conduct of government through

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

26  aircraft piracy.

27         Section 6.  This act shall take effect upon becoming a

28  law.

29

30

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 49-C

    704-173-01C






  1            *****************************************

  2                          SENATE SUMMARY

  3    Specifies the duties of the Department of Law Enforcement
      with respect to counter-terrorism efforts, responses to
  4    acts of terrorism, and other domestic security matters
      related to terrorism. Provides for a Chief of Domestic
  5    Security Initiatives within the department. Provides for
      building and facility security assessments and for
  6    coordinating security proposals. Provides for annual
      recommendations to the Governor and Legislature. Provides
  7    for a regional domestic security task force in each of
      the department's operational regions. Provides goals and
  8    objectives for the task forces. Requires that the Chief
      of Domestic Security Initiatives identify equipment and
  9    training needs and make funding recommendations to the
      Governor and the Legislature. Defines the term
10    "terrorism" for purposes of the Florida Criminal Code.
      (See bill for details.)
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.