House Bill hb0051C

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    Florida House of Representatives - 2001                HB 51-C

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to domestic security; creating

  3         s. 775.30, F.S.; defining the term "terrorism"

  4         for purposes of the Florida Criminal Code;

  5         creating s. 943.0321, F.S.; creating the

  6         Florida Domestic Security and Counter-Terrorism

  7         Intelligence Center within the Department of

  8         Law Enforcement; creating the Florida Domestic

  9         Security and Counter-Terrorism Database within

10         the intelligence center; providing functions of

11         the intelligence center with respect to

12         gathering and analyzing active criminal

13         intelligence information and criminal

14         investigative information; requiring the

15         intelligence center to maintain and operate the

16         database; providing requirements for the

17         database; requiring that the Department of Law

18         Enforcement establish methods for providing

19         information from the database to law

20         enforcement agencies and prosecutors; providing

21         that information that is exempt from public

22         disclosure and is released to another agency or

23         prosecutor by the intelligence center retains

24         such exemption; providing that information that

25         is exempt from public disclosure and is

26         obtained by the intelligence center retains

27         such exemption; providing an effective date.

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

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    Florida House of Representatives - 2001                HB 51-C

    704-174-01C






  1         Section 1.  Section 775.30, Florida Statutes, is

  2  created to read:

  3         775.30  Terrorism; defined.--As used in the Florida

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

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

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

  7  state or of the United States; or

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

  9         (2)  Is intended to:

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

11  population;

12         (b)  Influence the policy of a government by

13  intimidation or coercion; or

14         (c)  Affect the conduct of government through

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

16  aircraft piracy.

17         Section 2.  Section 943.0321, Florida Statutes, is

18  created to read:

19         943.0321  The Florida Domestic Security and

20  Counter-Terrorism Intelligence Center and the Florida Domestic

21  Security and Counter-Terrorism Database.--

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

23  Enforcement the Florida Domestic Security and

24  Counter-Terrorism Intelligence Center.

25         (b)  The Florida Domestic Security and

26  Counter-Terrorism Database is created within the Florida

27  Domestic Security and Counter-Terrorism Intelligence Center.

28         (2)  The intelligence center shall:

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

30  intelligence and criminal investigative information related to

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

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    Florida House of Representatives - 2001                HB 51-C

    704-174-01C






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

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

  3  that operate within this state or otherwise commit acts

  4  affecting this state;

  5         (b)  Maintain and operate the domestic security and

  6  counter-terrorism database; and

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

  8  and local law enforcement agencies and prosecutors that

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

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

11  intelligence information and active criminal investigative

12  information submitted by federal, state, or local law

13  enforcement agencies and prosecutors and information that is

14  available from other law-enforcement databases.

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

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

17  correlations indicative of potential or actual terrorism

18  activity within or affecting this state.

19         (c)  The department shall establish methods and

20  parameters by which information and data is transferred to the

21  department for inclusion in the database. Information

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

23  available to federal, state, and local law enforcement

24  agencies and prosecutors in a manner defined by the department

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

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

27  disclosure under chapter 119 when in the possession of the

28  intelligence center retains its exemption from public

29  disclosure after such information is revealed to a federal,

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

31  as otherwise provided by law.

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    Florida House of Representatives - 2001                HB 51-C

    704-174-01C






  1         (b)  Information obtained by the intelligence center

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

  3  prosecutor which is exempt from public disclosure under state

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

  5  local law enforcement agency or prosecutor retains its

  6  exemption from public disclosure after such information is

  7  revealed to the intelligence center, except as otherwise

  8  provided by law.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

14    Defines the term "terrorism" for purposes of the Florida
      Criminal Code. Creates the Florida Domestic Security and
15    Counter-Terrorism Intelligence Center within the
      department and provides its duties. Creates the Florida
16    Domestic Security Counter-Terrorism Database within the
      department and provides for its contents and use. (See
17    bill for details.)

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