CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Cantens offered the following:
12
13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Section 20.201, Florida Statutes, is
18 amended to read:
19 20.201 Department of Law Enforcement.--
20 (1) There is created a Department of Law Enforcement.
21 The head of the department is the Governor and Cabinet. The
22 executive director of the department shall be appointed by the
23 Governor with the approval of three members of the Cabinet and
24 subject to confirmation by the Senate. The executive director
25 shall serve at the pleasure of the Governor and Cabinet. The
26 executive director may establish a command, operational, and
27 administrative services structure to assist, manage, and
28 support the department in operating programs and delivering
29 services.
30 (2) The following programs of the Department of Law
31 Enforcement are established:
1
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HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 (a) Criminal Justice Investigations and Forensic
2 Science Program.
3 (b) Criminal Justice Information Program.
4 (c) Criminal Justice Professionalism Program.
5 (d) Capitol Police.
6 Section 2. All statutory powers, duties, and functions
7 of the Division of Capitol Police within the Department of
8 Management Services related to the provision of security
9 within the Capitol Complex, as defined in section 281.01,
10 Florida Statutes, and the support thereof, are transferred
11 from the Department of Management Services to the Capitol
12 Police within the Department of Law Enforcement by a type one
13 transfer, as defined in section 20.06, Florida Statutes.
14 Section 3. Effective July 1, 2002, section 281.01,
15 Florida Statutes, is created to read:
16 281.01 Definitions.--For the purposes of ss.
17 281.01-281.08, the term "Capitol Complex" includes that
18 portion of Tallahassee, Leon County, Florida, commonly
19 referred to as the Capitol, the Historic Capitol, the Senate
20 Office Building, the House Office Building, the Knott
21 Building, the Pepper Building, the Holland Building, and the
22 curtilage of each, including the state-owned lands and public
23 streets adjacent thereto within an area bounded by and
24 including Monroe Street, Jefferson Street, Duval Street, and
25 Gaines Street. The term shall also include the State Capital
26 Circle Office Complex located in Leon County, Florida.
27 Section 4. Effective July 1, 2002, section 281.02,
28 Florida Statutes, is amended to read:
29 281.02 Powers and duties of the Department of
30 Management Services with respect to firesafety and security,
31 Florida Capitol Police.--The Department of Management
2
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HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 Services, Florida Capitol Police, has the following powers and
2 duties with respect to firesafety and security:
3 (1) To assist the State Fire Marshal in maintaining
4 the firesafety of public buildings pursuant to s. 633.085
5 establish a comprehensive and ongoing plan for the firesafety
6 and security of the Capitol, the Senate Office Building, the
7 House Office Building, and the Historic Capitol, including,
8 but not limited to, the institution of programs for the
9 awareness and training in firesafety and security of members
10 of the Legislature and their employees, and all other elected
11 officials and their respective employees, who occupy such
12 buildings. The Florida Capitol Police shall also ensure that
13 adequate signs and personnel are in place to inform and assist
14 the occupants of and visitors to such buildings.
15 (2) To make provision by rule, contract, lease, or
16 interagency agreement for provide and maintain the firesafety
17 and security of all state-owned property leased from the
18 Department of Management Services, excluding state
19 universities and custodial institutions, the Capitol Complex
20 the Governor's office, the Governor's mansion and the grounds
21 thereof, and the Supreme Court. For these purposes, security
22 shall include the safety and security of occupants and
23 visitors to state-owned property, appropriate law enforcement
24 response to complaints relating to criminal activity or
25 security threats, the development of
26 (3) To develop emergency procedures and evacuation
27 routes in the event of fire or disaster, and ensuring that
28 make such procedures and routes are known to those persons
29 occupying such property state-owned buildings leased from the
30 Department of Management Services.
31 (3)(4) To employ:
3
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HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 (a) Agents who hold certification as police officers
2 in accordance with the minimum standards and qualifications as
3 set forth in s. 943.13 and the provisions of chapter 110, who
4 shall have the authority to bear arms, make arrests, and apply
5 for arrest warrants; and
6 (b) guards and administrative, clerical, technical,
7 and other personnel as may be required.
8 (4)(5) To train employees and make provision for the
9 training of agents, guards, and employees of tenant agencies
10 agents and guards in security fire prevention, firesafety, and
11 emergency medical procedures.
12 (6) To respond to all complaints relating to criminal
13 activity within state-owned buildings or state-leased
14 property.
15 (5)(7) To make provision for the enforcement of
16 enforce rules of the Department of Management Services
17 governing the regulation of traffic and parking on state-owned
18 or state-leased property, including, but not limited to,
19 issuing citations for the violation of such rules or the
20 traffic laws of the state or any county or municipality and
21 impounding illegally or wrongfully parked vehicles.
22 (6)(8) To delegate or assign its duties and
23 responsibilities furthering the provision of security as
24 required and authorized by provided in this section to any
25 state agency occupying such state-owned or state-leased
26 property. Security requirements may be included in lease
27 agreements or established by department rule.
28 Section 5. Effective July 1, 2002, section 281.03,
29 Florida Statutes, is amended to read:
30 281.03 Incident reports and record retention
31 Investigations by the Florida Capitol Police.--
4
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 (1) The Department of Management Services, Florida
2 Capitol Police, shall conduct traffic accident investigations
3 and investigations relating to felonies and misdemeanors
4 occurring on state-owned or state-leased property. Any
5 matters which are deemed to involve a felony may be referred
6 to the appropriate law enforcement agency for criminal
7 investigation. Such referrals shall include transmittal of
8 records, reports, statements, and all other information
9 relating to such matters.
10 (2) The Department of Management Services, Florida
11 Capitol Police, shall make provision for the collection and
12 retention of retain copies of all reports relating to such
13 criminal activity or other safety-related and security-related
14 incidents occurring on state-owned property for use in the
15 ongoing firesafety and security planning and to fulfill its
16 responsibilities under plan as required in s. 281.02.
17 Section 6. Effective July 1, 2002, sections 281.04 and
18 281.05, Florida Statutes, are repealed.
19 Section 7. Section 281.06, Florida Statutes, is
20 amended to read:
21 281.06 Contracts with counties, municipalities, or
22 licensed private security agencies.--The Department of
23 Management Services, Florida Capitol Police, may contract with
24 the Department of Law Enforcement, Capitol Police, any county,
25 municipality, or licensed private security agency to provide
26 and maintain the security of state-owned or state-leased
27 property required by ss. 281.02-281.08 upon such terms as the
28 department may deem to be in the best interest of the state.
29 Section 8. Effective July 1, 2002, section 281.06,
30 Florida Statutes, as amended by this act, is amended to read:
31 281.06 Contracts with counties, municipalities, or
5
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 licensed private security agencies.--The Department of
2 Management Services may contract with the Department of Law
3 Enforcement, Capitol Police, any county, municipality, or
4 licensed private security agency to provide and maintain the
5 security of state-owned property, and the safety and security
6 of occupants and visitors thereof, pursuant to required by ss.
7 281.02-281.08 upon such terms as the department may deem to be
8 in the best interest of the state.
9 Section 9. Effective July 1, 2002, section 281.07,
10 Florida Statutes, is amended to read:
11 281.07 Rules; Facilities Program, Florida Capitol
12 Police; traffic regulation.--
13 (1) The Department of Management Services shall adopt
14 and promulgate rules to govern the administration, operation,
15 and management of the Facilities Program, Florida Capitol
16 Police, and to regulate traffic and parking on state-owned or
17 state-leased property, including the Capitol Complex, which
18 rules are not in conflict with any state law or county or
19 municipal ordinance, and to carry out the provisions of ss.
20 281.02-281.08.
21 (2) Political subdivisions and municipalities may
22 enact and enforce ordinances on the violation of traffic and
23 parking rules provided in subsection (1).
24 Section 10. Section 281.08, Florida Statutes, is
25 amended to read:
26 281.08 Equipment.--
27 (1) The Department of Management Services, Florida
28 Capitol Police, is specifically authorized to purchase, sell,
29 trade, rent, lease, and maintain all necessary equipment,
30 uniforms, motor vehicles, communication systems, housing
31 facilities, and office space, and perform any other acts
6
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HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 necessary for the proper administration and enforcement of ss.
2 281.02-281.08, pursuant to part I of chapter 287. The
3 department may prescribe a distinctive uniform to be worn by
4 personnel of the Florida Capitol Police in the performance of
5 their duties pursuant to s. 281.02(7). The department may
6 prescribe a distinctive emblem to be worn by all officers or
7 guards of the Florida Capitol Police.
8 (2) It is unlawful for any unauthorized person to wear
9 a uniform or emblem prescribed by the department for the
10 Florida Capitol Police, or a similar uniform or emblem, or to
11 impersonate, pretend, or represent himself or herself to be a
12 police officer or guard of the Florida Capitol Police. Any
13 person who violates the provisions of this subsection is
14 guilty of a misdemeanor of the first degree, punishable as
15 provided in s. 775.082 or s. 775.083.
16 Section 11. Section 943.60, Florida Statutes, is
17 created to read:
18 943.60 Definitions.--For the purposes of ss.
19 943.60-943.68, the term "Capitol Complex" includes that
20 portion of Tallahassee, Leon County, Florida, commonly
21 referred to as the Capitol, the Historic Capitol, the Senate
22 Office Building, the House Office Building, the Knott
23 Building, the Pepper Building, the Holland Building, and the
24 curtilage of each, including the state-owned lands and public
25 streets adjacent thereto within an area bounded by and
26 including Monroe Street, Jefferson Street, Duval Street, and
27 Gaines Street. The term shall also include the State Capital
28 Circle Office Complex located in Leon County, Florida.
29 Section 12. Section 943.601, Florida Statutes, is
30 created to read:
31 943.601 Preservation of legislative powers.--Except as
7
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 may be agreed to by the presiding officers of both houses of
2 the Legislature, nothing in this chapter shall limit or
3 otherwise interfere with the rights and powers of the Senate
4 or the House of Representatives, or the officers of either, to
5 direct or command members or committees of the Legislature or
6 legislative employees to attend any meeting or enter any area
7 of the Capitol Complex for a legislative purpose, and the
8 Capitol Police may, as provided by the security plans
9 developed and approved under s. 943.61(4)(a), and upon request
10 of the presiding officer of either house of the Legislature,
11 ensure the ability of any member of the house presided over by
12 such presiding officer to attend to such legislative business
13 without wrongful interference from any person or government
14 entity.
15 Section 13. Section 943.61, Florida Statutes, is
16 created to read:
17 943.61 Powers and duties of the Capitol Police.--
18 (1) There is created the Capitol Police within the
19 Department of Law Enforcement, to serve the safety and
20 security needs of both the legislative and executive branches
21 of state government. It is the intent of the Legislature that
22 the Capitol Police serve as a specially trained and highly
23 effective security and law enforcement agency serving the
24 Capitol Complex. It shall be the primary responsibility of the
25 Capitol Police to protect the security of the Governor, the
26 Lieutenant Governor, the members of the Cabinet, and the
27 members of the Senate and of the House of Representatives, and
28 those employees assigned to assist such state officials in the
29 performance of their official duties, and to ensure their
30 access to buildings and premises within the Capitol Complex,
31 thereby providing for the continuous operation of the
8
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HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 government of the State of Florida. The provision of other law
2 enforcement services and protection of property shall be
3 secondary responsibilities.
4 (2) The Capitol Police shall also provide security and
5 protection for other state officials, employees, and visitors
6 to the Capitol Complex and shall maintain a reasonable degree
7 of safety and security within the Capitol Complex while
8 ensuring reasonable access to buildings and premises within
9 the Capitol Complex by state officials, employees, and
10 visitors. The Capitol Police shall also ensure that adequate
11 signs and personnel are in place to inform and assist the
12 occupants of and visitors to buildings within the Capitol
13 Complex.
14 (3) Notwithstanding the provisions of chapter 216, no
15 assets, personnel, or resources shall be taken from the
16 Capital Police, and no appropriation to the Capitol Police
17 shall be reduced without the express approval of the Governor
18 and the Legislative Budget Commission. Nothing herein limits
19 the ability of the Capitol Police to provide mutual aid to
20 other law enforcement agencies as authorized by law unless
21 such a limitation is expressly included in the operational
22 security plans provided for herein.
23 (4) The Capitol Police shall have the following powers
24 and duties:
25 (a) To develop, in consultation with the Governor,
26 Cabinet officers, the President of the Senate, and the Speaker
27 of the House of Representatives, written operational plans for
28 basic and enhanced security measures and actions related to
29 the Capitol Complex. Such plans and any changes or amendments
30 thereto shall not be implemented unless presented in writing
31 in final form to the Governor, the President of the Senate,
9
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 and the Speaker of the House of Representatives and all three
2 grant their approval in writing. The approval of any officer
3 required herein shall expire 60 days after such officer
4 vacates his or her office, and the written approval of the
5 successor in office must be obtained prior to the continuation
6 of operations under such plans. Upon the request of the
7 Governor, a Cabinet officer, the President of the Senate, or
8 the Speaker of the House of Representatives, the Capitol
9 Police shall activate previously approved enhanced security
10 measures and actions in accordance with the approved
11 operational plans specific to the requesting officer's
12 responsibilities and to the facilities occupied by such
13 officer and employees responsible to such officer. Upon an
14 emergency threatening the immediate safety and security of
15 occupants of the Capitol Complex, so declared by the Governor,
16 plans not approved as required by this paragraph may be
17 implemented for a period not to exceed 15 days, provided such
18 plans do not substantially interfere with the ability of the
19 Senate and the House of Representatives to assemble for any
20 constitutional purpose.
21 (b) To provide and maintain the security of all
22 property located in the Capitol Complex in a manner consistent
23 with the security plans developed and approved under paragraph
24 (a) and, in consultation with the State Fire Marshal, to
25 provide for evacuations, information, and training required
26 for firesafety on such property in a manner consistent with s.
27 633.085.
28 (c) To develop plans for reporting incidents involving
29 buildings and property within the Capitol Complex, emergency
30 procedures and evacuation routes in the event of fire,
31 security threats, incidents prompting a need for evacuation,
10
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Amendment No. ___ (for drafter's use only)
1 acts of terrorism, or natural or manmade disaster and to make
2 such procedures and routes known to those persons occupying
3 such buildings.
4 (d) To employ officers who hold certification as law
5 enforcement officers in accordance with the minimum standards
6 and qualifications as set forth in s. 943.13 and the
7 provisions of chapter 110, and who have the authority to bear
8 arms, make arrests, except as may be limited in the security
9 plans established under paragraph (a), and apply for arrest
10 warrants.
11 (e) To hire guards and administrative, clerical,
12 technical, and other personnel as may be required.
13 (f) To train all officers and other employees in fire
14 prevention, firesafety, emergency medical procedures, and
15 preventing and responding to acts of terrorism.
16 (g) To respond to all complaints relating to criminal
17 activity or security threats within the Capitol Complex, or
18 against the Governor, the Lieutenant Governor, a member of the
19 Cabinet, a member of the Senate or of the House of
20 Representatives, or an employee assisting such official.
21 (h) As provided by the security plans developed and
22 approved under paragraph (a), upon request of the presiding
23 officer of either house of the Legislature, the director may
24 assign one or more officers for the protection of a member of
25 the house served by such presiding officer. Per diem and
26 subsistence allowance for department employees traveling with
27 a member of the Legislature away from Tallahassee shall be
28 computed by payment of a sum up to the amounts permitted in s.
29 112.061 for meals, plus actual expenses for lodging to be
30 substantiated by paid bills therefor.
31 (i) To enforce rules of the Department of Management
11
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Amendment No. ___ (for drafter's use only)
1 Services governing the regulation of traffic and parking
2 within the Capitol Complex and to impound illegally or
3 wrongfully parked vehicles.
4 (j) To establish policies for the organizational
5 structure, principles of command, and internal operations of
6 the Capitol Police, provided that such policies are not
7 inconsistent with the provisions of ss. 943.61-943.68 or the
8 security plans developed and approved under paragraph (a).
9 (5) Officers of the Capitol Police may make lawful
10 arrests, consistent with the purposes, responsibilities, and
11 limitations set forth in ss. 943.60-943.68. However, except
12 with the prior approval of the appropriate presiding officer,
13 officers of the Capitol Police shall have no power to prevent
14 the convening or continuation of any meeting of the
15 Legislature, legislative committees, or staff, nor shall they
16 have the power to interfere with the legislative duties or
17 rights of a member of the Legislature, or to interfere with
18 the constitutional duties or rights of the Governor or a
19 member of the Cabinet, except as may be necessary to protect
20 the health and safety of any person from a clear and present
21 danger, or as may be otherwise provided in the security plans
22 developed and approved for fire prevention, firesafety, and
23 emergency medical procedures under paragraph (4)(a). No
24 employee of the Capitol Police shall be permitted in either
25 legislative chamber without the specific permission of the
26 presiding officer of that house of the Legislature, but may
27 enter in the case of an emergency when the presiding officer
28 is not able or available to consent.
29 Section 14. Section 943.611, Florida Statutes, is
30 created to read:
31 943.611 Director of Capitol Police.--
12
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 (1) The executive director of the Department of Law
2 Enforcement shall nominate, no later than 7 days prior to each
3 organization session of the Legislature, an individual to
4 serve as the director of the Capitol Police, who shall serve
5 at the pleasure of the executive director of the Department of
6 Law Enforcement.
7 (2) Unless discharged by the executive director of the
8 Department of Law Enforcement, the director shall serve until:
9 (a) A successor has been nominated; or
10 (b) The director has been nominated for reappointment
11 and the time for obtaining reapproval has expired.
12 (3) In the event that a nominee is not approved or the
13 director is discharged by the executive director of the
14 department, or the position is otherwise vacant, a successor
15 shall be nominated and approved as provided in subsection (4).
16 No person who has previously been nominated and who failed to
17 obtain approval shall be nominated to serve as the successor.
18 (4) Each person nominated pursuant to either
19 subsection (1) or subsection (3) must be approved no later
20 than 30 days after the adjournment sine die of the next
21 session of the Legislature, whether organization, regular, or
22 special session, by the Governor and by the House of
23 Representatives and the Senate, in a manner determined by the
24 presiding officer of each house unless an approval process is
25 otherwise provided for in the rules of the respective house.
26 (5) A nominee shall serve as the acting director until
27 the time for obtaining approval has expired.
28 Section 15. Section 943.62, Florida Statutes, is
29 created to read:
30 943.62 Investigations by the Capitol Police.--
31 (1) The Capitol Police shall conduct traffic accident
13
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 investigations and investigations relating to felonies and
2 misdemeanors occurring within the Capitol Complex. Any matters
3 may be referred to the department's special agents or
4 inspectors or another appropriate law enforcement agency for
5 further investigation. Such referrals shall include
6 transmittal of records, reports, statements, and all other
7 information relating to such matters.
8 (2) The Capitol Police shall retain copies of all
9 reports relating to such criminal activity for use in the
10 ongoing firesafety and security plan as required in s. 943.61.
11 Section 16. Section 943.63, Florida Statutes, is
12 created to read:
13 943.63 Arrest by the Capitol Police.--A person
14 arrested by an officer of the Capitol Police shall be
15 delivered to the sheriff of the county in which the arrest
16 takes place unless a notice to appear is issued.
17 Section 17. Section 943.64, Florida Statutes, is
18 created to read:
19 943.64 Ex officio agents.--Law enforcement officers of
20 the Department of Highway Safety and Motor Vehicles, special
21 agents or inspectors of the Department of Law Enforcement, and
22 law enforcement officers of other state agencies, counties,
23 and municipalities are ex officio agents of the Capitol
24 Police, and may, when authorized by the Capitol Police,
25 enforce rules and laws applicable to the powers and duties of
26 the Capitol Police to provide and maintain the security
27 required by ss. 943.61-943.68.
28 Section 18. Section 943.66, Florida Statutes, is
29 created to read:
30 943.66 Rules; Facilities Program, Capitol Police;
31 traffic regulation.--The Capitol Police may enforce rules of
14
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 the Department of Management Services governing the
2 administration, operation, and management of the Facilities
3 Program and regulating traffic and parking on state-owned
4 buildings or property and any local ordinance on the violation
5 of such if such rules are not in conflict with any state law
6 or county or municipal ordinance, and are not inconsistent
7 with the other requirements of ss. 943.61-943.68 or any
8 security plan developed and approved thereunder.
9 Section 19. Section 943.67, Florida Statutes, is
10 created to read:
11 943.67 Equipment.--The department is specifically
12 authorized to purchase, sell, trade, rent, lease, and maintain
13 all necessary equipment, uniforms, motor vehicles,
14 communication systems, housing facilities, and office space,
15 and perform any other acts necessary for the proper
16 administration and enforcement of ss. 943.61-943.68 through
17 the Capitol Police, pursuant to part I of chapter 287. The
18 department may prescribe a distinctive uniform to be worn by
19 personnel of the Capitol Police in the performance of their
20 duties pursuant to s. 943.61. The department may prescribe a
21 distinctive emblem to be worn by all officers or guards of the
22 Capitol Police.
23 Section 20. Section 281.20, Florida Statutes, is
24 renumbered as section 943.68, Florida Statutes, and amended to
25 read:
26 943.68 281.20 Transportation and protective
27 services.--
28 (1) The department of Law Enforcement shall provide
29 and maintain the security of the Governor, the Governor's
30 immediate family, and the Governor's office and mansion and
31 the grounds thereof.
15
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 (2) The department shall employ such personnel as may
2 be necessary to carry out this responsibility, including
3 uniformed and nonuniformed officers or agents who shall have
4 authority to bear arms and make arrests, with or without
5 warrant, for violations of any of the criminal laws of the
6 state, under the same terms and conditions as investigative
7 personnel of the department, and who shall be considered peace
8 officers for all purposes, including, but not limited to, the
9 privileges, protections, and benefits of ss. 112.19, 121.051,
10 122.34, and 870.05.
11 (3) The executive director shall assign agents for the
12 performance of the duties prescribed in this section. The
13 assignment of such agents shall be subject to continuing
14 approval of the Governor. Upon request of the Governor, the
15 executive director shall reassign an agent from continued
16 performance of such duties.
17 (4) Per diem and subsistence allowance for security
18 personnel traveling with the Governor, or the Governor's
19 family, or others as authorized by this section away from
20 Tallahassee shall be computed by payment of a sum up to the
21 amounts permitted in s. 112.061(6)(d) for meals, plus actual
22 expenses for lodging to be substantiated by paid bills
23 therefor.
24 (5) The department is authorized to provide security
25 or transportation to visiting governors and their families
26 upon request by the Governor.
27 (6) The department shall provide security or
28 transportation services to other persons when requested by the
29 Governor, the Lieutenant Governor, a member of the Cabinet,
30 the Speaker of the House of Representatives, the President of
31 the Senate, or the Chief Justice of the Supreme Court, subject
16
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702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 to certification by the agency head that such services are in
2 the best interest of the state. The agency head may delegate
3 certification authority to the executive director of the
4 department. The agency head shall limit such services to
5 persons:
6 (a) Who are visiting the state; for whom such services
7 are requested by the Governor, the Lieutenant Governor, a
8 member of the Cabinet, the Speaker of the House of
9 Representatives, the President of the Senate, or the Chief
10 Justice of the Supreme Court; and for whom the primary purpose
11 of the visit is for a public purpose and to promote the
12 development of the state; or
13 (b) For whom the failure to provide security or
14 transportation could result in a clear and present danger to
15 the personal safety of such persons or could result in public
16 embarrassment to the state.
17 (7) The department is authorized to coordinate
18 transportation and protective services provided under
19 subsections (1), (5), and (6) with other law enforcement
20 agencies and may request the assistance of other law
21 enforcement agencies to carry out the duties required by
22 subsections (1), (5), and (6). The other law enforcement
23 agencies of the state are authorized to provide such
24 assistance as may be requested by the department under this
25 subsection.
26 (8) The department shall coordinate all protective
27 services with the United States Department of State and the
28 United States Secret Service when requested to do so by such
29 agencies or by the Governor or a member of the Cabinet.
30 (9) The department shall submit reports on July 15 and
31 January 15 of each year to the President of the Senate,
17
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HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 Speaker of the House of Representatives, Governor, and members
2 of the Cabinet, detailing all transportation and protective
3 services provided under subsections (1), (5), and (6) within
4 the preceding 6 months. Each report shall include a detailed
5 accounting of the cost of such transportation and protective
6 services, including the names of persons provided such
7 services and the nature of state business performed.
8 Section 21. Paragraph (c) of subsection (2) of section
9 287.17, Florida Statutes, is amended to read:
10 287.17 Limitation on use of motor vehicles and
11 aircraft.--
12 (2) The following criteria shall be considered in
13 determining appropriate uses of motor vehicles and aircraft:
14 (c) Whether the Department of Law Enforcement has been
15 directed by the agency head to provide security or
16 transportation pursuant to s. 943.68 281.20.
17 Section 22. Paragraph (g) of subsection (2) of section
18 288.816, Florida Statutes, is amended to read:
19 288.816 Intergovernmental relations.--
20 (2) The secretary shall be responsible for all
21 consular relations between the state and all foreign
22 governments doing business in Florida. The secretary shall
23 monitor United States laws and directives to ensure that all
24 federal treaties regarding foreign privileges and immunities
25 are properly observed. The secretary shall promulgate rules
26 which shall:
27 (g) Request the Department of Law Enforcement to
28 provide transportation and protection services when necessary
29 pursuant to s. 943.68 281.20.
30 Section 23. The Office of Legislative Services shall
31 contract with a qualified outside vendor for a security
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hbd0007 11:46 am 01407-0114-460877
HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 inventory of facilities and personnel. The security inventory
2 shall include information with respect to:
3 (1) A listing of security options available.
4 (2) A listing of the proposed most efficient,
5 cost-effective methods of providing security.
6 (3) Any other items with respect to security that the
7 Legislature should consider.
8 Section 24. The security inventory contract provided
9 for in section 23 of this act is contingent upon specific
10 funding being appropriated in HB 1943 for such contract.
11 Section 25. Except as otherwise provided in this act,
12 this act shall take effect upon becoming a law.
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16 And the title is amended as follows:
17 remove: the entire title
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19 and insert:
20 A bill to be entitled
21 An act relating to security of public
22 buildings; amending s. 20.201, F.S.; creating
23 the Capitol Police within the Department of Law
24 Enforcement; transferring the powers, duties,
25 and functions of the Division of Capitol Police
26 relating to security within the Capitol Complex
27 from the Department of Management Services to
28 the Department of Law Enforcement; creating s.
29 281.01, F.S.; defining the Capitol Complex;
30 amending s. 281.02, F.S.; providing for powers
31 and duties of the Department of Management
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File original & 9 copies 03/13/02
hbd0007 11:46 am 01407-0114-460877
HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 Services with regard to firesafety and security
2 responsibilities; amending s. 281.03, F.S.;
3 providing for collection and retention of
4 certain reports by the Department of Management
5 Services; repealing s. 281.04, F.S., relating
6 to arrest procedures of the Florida Capitol
7 Police; repealing s. 281.05, F.S., relating to
8 ex officio agents of the Florida Capitol
9 Police; amending s. 281.06, F.S.; allowing
10 contracts with the Department of Law
11 Enforcement; authorizing the Department of
12 Management Services to contract with counties,
13 municipalities, or private security agencies to
14 maintain the security of certain public
15 premises; amending s. 281.07, F.S.; providing
16 for adoption of parking regulations of the
17 Department of Management Services; amending s.
18 281.08, F.S.; providing for the procurement of
19 equipment by the Department of Management
20 Services; creating s. 943.60, F.S., to define
21 the Capitol Complex; creating s. 943.601, F.S.;
22 providing for the preservation of legislative
23 powers; limiting the authority of the
24 Department of Law Enforcement to impede such
25 powers; providing a duty of the Capitol Police
26 to ensure such legislative powers as requested
27 by a presiding officer of the Legislature;
28 creating s. 943.61, F.S.; providing for the
29 powers, duties, and functions of the Capitol
30 Police; providing that the Capitol Police shall
31 serve the needs of both the legislative and
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HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 executive branches of state government;
2 prohibiting the taking of resources of, or the
3 decreasing of appropriations to, the Capitol
4 Police without the approval of the Governor and
5 the Legislative Budget Commission; requiring
6 the development and approval of security plans;
7 requiring consultation with the Governor,
8 members of the Cabinet, and the presiding
9 officers of the Legislature in the development
10 of such plans; requiring biennial approval of
11 such plans; authorizing the implementation of
12 unapproved plans in times of emergency;
13 establishing other powers and duties of the
14 Capitol Police; establishing standards for
15 officers of the Capitol Police; limiting
16 authority of the Capitol Police with respect to
17 certain legislative personnel and facilities;
18 creating s. 943.611, F.S.; providing for the
19 nomination and approval of the director of the
20 Capitol Police; providing that the director
21 serves at the pleasure of the executive
22 director of the Department of Law Enforcement;
23 requiring periodic reappointment and approval
24 of the director; creating s. 943.62, F.S.;
25 providing for investigations by the Capitol
26 Police; creating s. 943.63, F.S.; providing
27 that persons arrested by the Capitol Police
28 shall be delivered to the sheriff; creating s.
29 943.64, F.S.; providing that certain law
30 enforcement officers may serve as ex officio
31 agents of the Capitol Police; creating s.
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HOUSE AMENDMENT
702-167AX-31 Bill No. CS/HB 1407
Amendment No. ___ (for drafter's use only)
1 943.66, F.S.; authorizing the Capitol Police to
2 enforce certain rules of the Department of
3 Management Services; creating s. 943.67, F.S.;
4 providing for the procurement of equipment by
5 the Department of Law Enforcement; renumbering
6 and amending s. 281.20, F.S., relating to the
7 security of the Governor and other specified
8 persons; amending ss. 287.17 and 288.816, F.S.;
9 correcting cross-references, to conform;
10 providing for a security inventory, contingent
11 upon an appropriation; providing effective
12 dates.
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File original & 9 copies 03/13/02
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