House Bill hb1407
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Florida House of Representatives - 2002 HB 1407
By the Committee on State Administration and
Representative Brummer
1 A bill to be entitled
2 An act relating to capitol security; amending
3 s. 20.201, F.S.; creating the Capitol Select
4 Security Service within the Department of Law
5 Enforcement; transferring the powers, duties,
6 and functions of the Division of Capitol Police
7 relating to security within the Capitol Complex
8 from the Department of Management Services to
9 the Department of Law Enforcement; creating s.
10 281.01, F.S., to define the Capitol Complex;
11 creating s. 281.011, F.S.; limiting the
12 jurisdiction of the State Security Force;
13 amending s. 281.02, F.S.; creating and
14 providing for the powers and duties of the
15 State Security Force rather than the Florida
16 Capitol Police; requiring the development of
17 security plans; amending s. 281.03, F.S.;
18 providing for investigations by the State
19 Security Force; amending s. 281.04, F.S.;
20 providing that persons detained by an officer
21 of the State Security Force shall be delivered
22 to the sheriff; amending s. 281.05, F.S.;
23 providing for ex officio enforcement of rules
24 of the State Security Force by agents of other
25 law enforcement organizations; amending s.
26 281.06, F.S.; authorizing the State Security
27 Force to contract with private security
28 agencies to maintain the security of certain
29 public premises; amending s. 281.07, F.S.;
30 providing for enforcement of parking
31 regulations of the Department of Management
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1 Services by the State Security Force; amending
2 s. 281.08, F.S.; providing for the procurement
3 of equipment by the State Security Force;
4 creating s. 943.60, F.S., to define the Capitol
5 Complex; creating s. 943.601, F.S.; providing
6 for the preservation of legislative powers;
7 limiting the authority of the Department of Law
8 Enforcement to impede such powers; providing a
9 duty of the Capitol Select Security Service to
10 defend such legislative powers as requested by
11 a presiding officer of the Legislature;
12 creating s. 943.61, F.S.; creating and
13 providing for the powers, duties, and functions
14 of the Capitol Select Security Service;
15 providing that the service is an arm of both
16 the legislative and executive branches of state
17 government; prohibiting the taking of resources
18 of, or the decreasing of appropriations to, the
19 Capitol Select Security Service without the
20 approval of the Governor and the Legislative
21 Budget Commission; requiring the establishment
22 of security plans; requiring consultation with
23 the Governor, members of the Cabinet, and the
24 presiding officers of the Legislature in the
25 development of such plans; requiring biennial
26 approval of such plans; authorizing the
27 implementation of unapproved plans in times of
28 emergency; establishing other powers and duties
29 of the Capitol Select Security Service;
30 establishing standards for officers of the
31 Capitol Select Security Service; limiting
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1 authority of the Capitol Select Security
2 Service with respect to certain legislative
3 personnel and facilities; creating s. 943.611,
4 F.S.; providing for the nomination and approval
5 of the executive director of the Capitol Select
6 Security Service; providing that the executive
7 director serves at the pleasure of the head of
8 the Department of Law Enforcement; requiring
9 periodic reappointment and approval of the
10 executive director; creating s. 943.62, F.S.;
11 providing for investigations by the Capitol
12 Select Security Service; creating s. 943.63,
13 F.S.; providing that persons detained by the
14 Capitol Select Security Service shall be
15 delivered to the sheriff; creating s. 943.64,
16 F.S.; providing that certain law enforcement
17 officers may serve as ex officio agents of the
18 Capitol Select Security Service; creating s.
19 943.66, F.S.; authorizing the Capitol Select
20 Security Service to enforce certain rules of
21 the Department of Management Services; creating
22 s. 943.67, F.S.; providing for the procurement
23 of equipment by the Department of Law
24 Enforcement; transferring, renumbering, and
25 amending s. 281.20, F.S.; relating to the
26 security of the Governor and other specified
27 persons; amending ss. 287.17 and 288.816, F.S.;
28 correcting cross references, to conform;
29 providing for a security inventory; providing
30 an effective date.
31
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 20.201, Florida Statutes, is
4 amended to read:
5 20.201 Department of Law Enforcement.--
6 (1) There is created a Department of Law Enforcement.
7 The head of the department is the Governor and Cabinet. The
8 executive director of the department shall be appointed by the
9 Governor with the approval of three members of the Cabinet and
10 subject to confirmation by the Senate. The executive director
11 shall serve at the pleasure of the Governor and Cabinet. The
12 executive director may establish a command, operational, and
13 administrative services structure to assist, manage, and
14 support the department in operating programs and delivering
15 services.
16 (2) The following programs of the Department of Law
17 Enforcement are established:
18 (a) Criminal Justice Investigations and Forensic
19 Science Program.
20 (b) Criminal Justice Information Program.
21 (c) Criminal Justice Professionalism Program.
22 (d) Capitol Select Security Service.
23 Section 2. All statutory powers, duties, and functions
24 of the Division of Capitol Police within the Department of
25 Management Services related to the provision of security
26 within the Capitol Complex, as defined in s. 281.01, Florida
27 Statutes, and the support thereof, are transferred from the
28 Department of Management Services to the Capitol Select
29 Security Service within the Department of Law Enforcement by a
30 type two transfer, as defined in s. 20.06(2), Florida
31 Statutes.
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1 Section 3. Section 281.01, Florida Statutes, is
2 created to read:
3 281.01 Definitions.--For the purposes of ss.
4 281.01-281.08, the term "Capitol Complex" includes that
5 portion of Tallahassee, Leon County, Florida, commonly
6 referred to as the Capitol, the Historic Capitol, the Senate
7 Office Building, the House Office Building, the Knott
8 Building, the Pepper Building, the Holland Building, and the
9 curtilage of each, including the state-owned lands and public
10 streets adjacent thereto within an area bounded by and
11 including Monroe Street, Jefferson Street, Duval Street, and
12 Gaines Street.
13 Section 4. Section 281.011, Florida Statutes, is
14 created to read:
15 281.011 Jurisdiction of State Security Force.--Powers,
16 duties, and responsibilities assigned to the State Security
17 Force established within the department may not be exercised
18 within the Capitol Complex.
19 Section 5. Section 281.02, Florida Statutes, is
20 amended to read:
21 281.02 Powers and duties of the Department of
22 Management Services, State Security Force Florida Capitol
23 Police.--There is created the State Security Force within the
24 Department of Management Services. The State Security Force
25 shall provide security and protection for state officials,
26 employees, and visitors to, and shall maintain a reasonable
27 degree of safety and security at, premises owned or leased by
28 the state or any of its agencies other than those within the
29 Capitol Complex while ensuring reasonable access to such
30 buildings and premises by state officials, employees, and
31 visitors. The Department of Management Services, State
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1 Security Force Florida Capitol Police, has the following
2 powers and duties:
3 (1) To establish a comprehensive and ongoing plan for
4 the firesafety and security of the Capitol, the Senate Office
5 Building, the House Office Building, and the Historic Capitol,
6 including, but not limited to, the institution of programs for
7 the awareness and training in firesafety and security of
8 members of the Legislature and their employees, and all other
9 elected officials and their respective employees, who occupy
10 such buildings. The Florida Capitol Police shall also ensure
11 that adequate signs and personnel are in place to inform and
12 assist the occupants of and visitors to such buildings.
13 (1)(2) To provide and maintain the firesafety and
14 security of all state-owned or state-leased buildings or
15 property. For the purposes of this chapter, state-owned or
16 state-leased buildings and property shall not include leased
17 from the Department of Management Services, excluding state
18 universities, the Capitol Complex, and custodial institutions,
19 the Governor's office, the Governor's mansion and the grounds
20 thereof, and the Supreme Court.
21 (2)(3) To develop plans for reporting incidents
22 involving buildings and property owned or leased by the state,
23 emergency procedures and evacuation routes in the event of
24 fire, security threats, incidents prompting a need for
25 evacuation, acts of terrorism, or natural or manmade disaster
26 and to make such procedures and routes known to those persons
27 occupying state-owned buildings leased from the Department of
28 Management Services.
29 (4) To employ:
30 (a) Officers Agents who hold certification as law
31 enforcement police officers in accordance with the minimum
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1 standards and qualifications as set forth in s. 943.13 and the
2 provisions of chapter 110, who shall have the authority to
3 bear arms, make arrests, and apply for arrest warrants; and
4 (b) Guards and administrative, clerical, technical,
5 and other personnel as may be required.
6 (5) To train officers agents and guards in fire
7 prevention, firesafety, and emergency medical procedures.
8 (6) Except with respect to the Capitol Complex, to
9 respond to all complaints relating to criminal activity or
10 security threats within or upon state-owned or state-leased
11 buildings or state-leased property.
12 (7) To enforce rules of the Department of Management
13 Services governing the regulation of traffic and parking on or
14 at state-owned or state-leased buildings or property,
15 including, but not limited to, issuing citations for the
16 violation of such rules or the traffic laws of the state or
17 any county or municipality and impounding illegally or
18 wrongfully parked vehicles.
19 (8) To delegate all or part of its duties provided in
20 this section to any state agency occupying such state-owned or
21 state-leased buildings or property.
22 Section 6. Section 281.03, Florida Statutes, is
23 amended to read:
24 281.03 Investigations by the State Security Force
25 Florida Capitol Police.--
26 (1) The State Security Force Department of Management
27 Services, Florida Capitol Police, shall conduct traffic
28 accident investigations and investigations relating to
29 felonies and misdemeanors occurring on or at state-owned or
30 state-leased buildings or property. Any matters that which
31 are deemed to involve a felony may be referred to an the
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1 appropriate law enforcement agency for criminal investigation.
2 Such referrals shall include transmittal of records, reports,
3 statements, and all other information relating to such
4 matters.
5 (2) The State Security Force Department of Management
6 Services, Florida Capitol Police, shall retain copies of all
7 reports relating to such criminal activity for use in the
8 ongoing firesafety and security plan as required in s. 281.02.
9 Section 7. Section 281.04, Florida Statutes, is
10 amended to read:
11 281.04 Detention Arrests by State Security Force
12 agents of department.--A person detained arrested by an agent
13 of the State Security Force Department of Management Services,
14 Florida Capitol Police, shall be delivered to the sheriff of
15 the county in which the detention arrest takes place.
16 Section 8. Section 281.05, Florida Statutes, is
17 amended to read:
18 281.05 Ex officio agents.--Law enforcement officers of
19 the Department of Highway Safety and Motor Vehicles, special
20 agents or inspectors of the Department of Law Enforcement, and
21 law enforcement officers of counties and municipalities are ex
22 officio agents of the State Security Force Department of
23 Management Services, Florida Capitol Police, and may, when
24 authorized by the State Security Force Florida Capitol Police,
25 enforce rules and laws applicable to the powers and duties of
26 the State Security Force Florida Capitol Police to provide and
27 maintain the security required by ss. 281.02-281.08.
28 Section 9. Section 281.06, Florida Statutes, is
29 amended to read:
30 281.06 Contracts with counties, municipalities, or
31 licensed private security agencies.--Except as provided in s.
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1 943.68, the State Security Force Department of Management
2 Services, Florida Capitol Police, may contract with any
3 county, municipality, or licensed private security agency to
4 provide and maintain the security of state-owned or
5 state-leased buildings or property required by ss.
6 281.02-281.08 upon such terms as the department may deem to be
7 in the best interest of the state.
8 Section 10. Section 281.07, Florida Statutes, is
9 amended to read:
10 281.07 Rules; Facilities Program, State Security Force
11 Florida Capitol Police; traffic regulation.--
12 (1) The Department of Management Services shall adopt
13 and promulgate rules to govern the administration, operation,
14 and management of the Facilities Program, the State Security
15 Force Florida Capitol Police, and to regulate traffic and
16 parking on state-owned or state-leased property, which rules
17 are not in conflict with any state law or county or municipal
18 ordinance, and to carry out the provisions of ss.
19 281.02-281.08.
20 (2) Political subdivisions and municipalities may
21 enact and enforce ordinances on the violation of traffic and
22 parking rules provided in subsection (1).
23 Section 11. Section 281.08, Florida Statutes, is
24 amended to read:
25 281.08 Equipment.--
26 (1) The State Security Force Department of Management
27 Services, Florida Capitol Police, is specifically authorized
28 to purchase, sell, trade, rent, lease, and maintain all
29 necessary equipment, uniforms, motor vehicles, communication
30 systems, housing facilities, and office space, and perform any
31 other acts necessary for the proper administration and
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1 enforcement of ss. 281.02-281.08, pursuant to part I of
2 chapter 287. The department may prescribe a distinctive
3 uniform to be worn by personnel of the State Security Force
4 Florida Capitol Police in the performance of their duties
5 pursuant to s. 281.02(7). The department may prescribe a
6 distinctive emblem to be worn by all officers or guards of the
7 State Security Force 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 12. 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.
28 Section 13. Section 943.601, Florida Statutes, is
29 created to read:
30 943.601 Preservation of legislative powers.--Nothing
31 in this chapter shall limit or otherwise interfere with the
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1 rights and powers of the Senate or the House of
2 Representatives, or the officers of either, to direct or
3 command members or committees of the Legislature or
4 legislative employees to attend any meeting or enter any area
5 of the Capitol Complex for a legislative purpose, and the
6 Capitol Select Security Service shall, when requested by a
7 presiding officer of the Legislature, ensure the ability of
8 any member of the house presided over by such presiding
9 officer to attend to such legislative business without
10 interference from any person or branch of government.
11 Section 14. Section 943.61, Florida Statutes, is
12 created to read:
13 943.61 Powers and duties of the Capitol Select
14 Security Service.--There is created the Capitol Select
15 Security Service within the Department of Law Enforcement,
16 which security service shall serve as an arm of both the
17 legislative and executive branches of state government. It
18 shall be the primary responsibility of the Capitol Select
19 Security Service to ensure the continuing operation of the
20 government of the State of Florida by protecting the security
21 of the Governor, the Lieutenant Governor, the members of the
22 Cabinet, and the members of the Senate and of the House of
23 Representatives, and those employees assigned to assist such
24 state officials, and by ensuring their access to buildings and
25 premises within the Capitol Complex. The Capitol Select
26 Security Service shall also provide security and protection
27 for other state officials, employees, and visitors to the
28 Capitol Complex and shall maintain a reasonable degree of
29 safety and security within the Capitol Complex while ensuring
30 reasonable access to buildings and premises within the Capitol
31 Complex by state officials, employees, and visitors.
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1 Notwithstanding the provisions of chapter 216, no assets,
2 personnel, or resources shall be taken from the Capital Select
3 Security Service, and no appropriation to the service shall be
4 reduced without the express approval of the Governor and the
5 Legislative Budget Commission. The Capitol Select Security
6 Service shall have the following powers and duties:
7 (1) To develop, in consultation with the Governor,
8 Cabinet officers, the President of the Senate, and the Speaker
9 of the House of Representatives, written operational plans for
10 basic and enhanced security measures and actions related to
11 the Capitol Complex. Such plans and any changes or amendments
12 thereto shall not be implemented unless presented in writing
13 in final form to the Governor, the President of the Senate,
14 and the Speaker of the House of Representatives and all three
15 grant their approval in writing. The approval of any officer
16 required herein shall expire 60 days after such officer
17 vacates his or her office, and the approval of the successor
18 in office must be obtained prior to the continuation of
19 operations under such plans. Upon the request of the Governor,
20 a Cabinet officer, the President of the Senate, or the Speaker
21 of the House of Representatives, the Capitol Select Security
22 Service shall activate previously approved enhanced security
23 measures and actions in accordance with the approved
24 operational plans specific to the requesting officer's
25 responsibilities and to the facilities occupied by such
26 officer and employees responsible to such officer. Upon an
27 emergency threatening the immediate safety and security of
28 occupants of the Capitol Complex, so declared by the Governor,
29 plans not approved as required by this subsection may be
30 implemented for a period not to exceed 15 days, provided such
31 plans do not substantially interfere with the ability of the
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1 Senate and the House of Representatives to assemble for any
2 constitutional purpose. The Capitol Select Security Service
3 shall also ensure that adequate signs and personnel are in
4 place to inform and assist the occupants of and visitors to
5 buildings within the Capitol Complex.
6 (2) To provide and maintain the security of all
7 property located in the Capitol Complex and, in consultation
8 with the State Fire Marshal, to provide for evacuations,
9 information, and training required for firesafety on such
10 property.
11 (3) To develop plans for reporting incidents involving
12 buildings and property within the Capitol Complex, emergency
13 procedures and evacuation routes in the event of fire,
14 security threats, incidents prompting a need for evacuation,
15 acts of terrorism, or natural or manmade disaster and to make
16 such procedures and routes known to those persons occupying
17 such buildings.
18 (4) To employ:
19 (a) Officers who:
20 1. Have received specialized training in preventing
21 and responding to acts of terrorism;
22 2. Hold certification as law enforcement officers in
23 accordance with the minimum standards and qualifications as
24 set forth in s. 943.13 and the provisions of chapter 110; and
25 3. Have the authority to bear arms, make arrests,
26 except as otherwise prohibited herein, and apply for arrest
27 warrants; and
28 (b) Guards and administrative, clerical, technical,
29 and other personnel as may be required.
30 (5) To train officers and guards in fire prevention,
31 firesafety, and emergency medical procedures.
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1 (6) To respond to all complaints relating to criminal
2 activity or security threats within the Capitol Complex, or
3 against the Governor, the Lieutenant Governor, a member of the
4 Cabinet, a member of the Senate or of the House of
5 Representatives, or an employee assisting such official.
6 (7) When requested by the presiding officer of either
7 the Senate or the House of Representatives, the executive
8 director shall assign officers for the protection of a member
9 of such legislative chamber. The assignment of such officers
10 shall be subject to continuing approval of the presiding
11 officer. Upon request of the presiding officer, the executive
12 director shall reassign an officer from continued performance
13 of such duties.
14 (8) Per diem and subsistence allowance for security
15 personnel traveling with a member of the Legislature away from
16 Tallahassee shall be computed by payment of a sum up to the
17 amounts permitted in s. 112.061 for meals, plus actual
18 expenses for lodging to be substantiated by paid bills
19 therefor.
20 (9) To enforce rules of the Department of Management
21 Services governing the regulation of traffic and parking
22 within the Capitol Complex and impound illegally or wrongfully
23 parked vehicles.
24 (10) To adopt policies for the provision of security
25 within the Capitol Complex. Policies of the Capitol Select
26 Security Service must be adopted in writing and must be
27 approved by the Governor, the Speaker of the House of
28 Representatives, and the President of the Senate prior to
29 implementation. With respect to areas under lease to either
30 house, the Sergeant at Arms of the respective house shall be
31 the authority for security in such areas.
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1 (11) No employee of the Capitol Select Security
2 Service shall be permitted in either chamber without the
3 specific permission of the presiding officer of that house of
4 the Legislature, but may enter in the case of an emergency
5 when the presiding officer is not present.
6 (12) Except with the prior approval of the appropriate
7 presiding officer, or as otherwise provided by the security
8 plan developed under subsection (1), under no circumstances
9 shall officers of the Capitol Select Security Service have the
10 power to prevent any meeting of the Legislature, legislative
11 committees, or staff or to detain a member of the Legislature.
12 The security plan shall make provision for the adequate
13 protection of occupants of and visitors to the Capitol Complex
14 from any clear and present danger to the health and safety of
15 all persons.
16
17 It is the intent of the Legislature that the Capitol Select
18 Security Service serve as a specially trained and highly
19 effective security force for the Capitol Complex rather than
20 as a law enforcement agency. The primary responsibility of the
21 Capitol Select Security Service shall be to ensure the ability
22 of the state government officials to continue the operation of
23 essential state governmental duties by providing for the
24 security and protection of state officials, employees, and
25 visitors within the Capitol Complex. To this end, employees of
26 the Capitol Select Security Service may detain persons for
27 arrest by other law enforcement agencies.
28 Section 15. Section 943.611, Florida Statutes, is
29 created to read:
30 943.611 Executive director of Capitol Select Security
31 Service.--
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1 (1) The head of the Department of Law Enforcement
2 shall nominate, no later than 7 days prior to each
3 organization session of the Legislature, an individual to
4 serve as the executive director of the Capitol Select Security
5 Service, who shall serve at the pleasure of the head of the
6 Department of Law Enforcement.
7 (2) Unless discharged by the head of the Department of
8 Law Enforcement, the executive director shall serve until:
9 (a) A successor has been nominated; or
10 (b) The executive director has been nominated for
11 reappointment and the time for obtaining reapproval has
12 expired.
13 (3) In the event that a nominee is not approved or the
14 executive director is discharged by the head of the
15 department, or the position is otherwise vacant, a successor
16 shall be nominated and approved as provided in subsection (4).
17 No person who has previously been nominated and who failed to
18 obtain approval shall be nominated to serve as the successor.
19 (4) Each person nominated pursuant to either
20 subsection (1) or subsection (3) must be approved no later
21 than 30 days after the adjournment sine die of the next
22 regular, special, or organization session of the Legislature,
23 by both the House of Representatives and the Senate, as
24 provided in the rules of the respective house.
25 (5) A nominee shall serve as the acting executive
26 director until the time for obtaining approval has expired.
27 Section 16. Section 943.62, Florida Statutes, is
28 created to read:
29 943.62 Investigations by the Capitol Select Security
30 Service.--
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1 (1) The Capitol Select Security Service shall conduct
2 traffic accident investigations and investigations relating to
3 felonies and misdemeanors occurring within the Capitol
4 Complex. Any matters may be referred to the department's
5 special agents or inspectors or another appropriate law
6 enforcement agency for further investigation. Such referrals
7 shall include transmittal of records, reports, statements, and
8 all other information relating to such matters.
9 (2) The Capitol Select Security Service shall retain
10 copies of all reports relating to such criminal activity for
11 use in the ongoing firesafety and security plan as required in
12 s. 943.61.
13 Section 17. Section 943.63, Florida Statutes, is
14 created to read:
15 943.63 Detention by Capitol Select Security
16 Service.--A person detained by an agent of the Capitol Select
17 Security Service shall be delivered to the sheriff of the
18 county in which the detention takes place.
19 Section 18. Section 943.64, Florida Statutes, is
20 created to read:
21 943.64 Ex officio agents.--Law enforcement officers of
22 the Department of Highway Safety and Motor Vehicles, special
23 agents or inspectors of the Department of Law Enforcement, and
24 law enforcement officers of counties and municipalities are ex
25 officio agents of the Capitol Select Security Service, and
26 may, when authorized by the Capitol Select Security Service,
27 enforce rules and laws applicable to the powers and duties of
28 the Capitol Select Security Service to provide and maintain
29 the security required by ss. 943.61-943.68.
30 Section 19. Section 943.66, Florida Statutes, is
31 created to read:
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1 943.66 Rules; Facilities Program, Capitol Select
2 Security Service; traffic regulation.--
3 (1) The Capitol Select Security Service may enforce
4 rules of the Department of Management Services governing the
5 administration, operation, and management of the Facilities
6 Program and regulating traffic and parking on state-owned or
7 state-leased buildings or property, if such rules are not in
8 conflict with any state law or county or municipal ordinance,
9 and to carry out the provisions of ss. 943.61-943.68.
10 (2) Political subdivisions and municipalities may
11 enact and enforce ordinances on the violation of traffic and
12 parking rules provided in subsection (1).
13 Section 20. Section 943.67, Florida Statutes, is
14 created to read:
15 943.67 Equipment.--The department is specifically
16 authorized to purchase, sell, trade, rent, lease, and maintain
17 all necessary equipment, uniforms, motor vehicles,
18 communication systems, housing facilities, and office space,
19 and perform any other acts necessary for the proper
20 administration and enforcement of ss. 943.61-943.68 through
21 the Capitol Select Security Service, pursuant to part I of
22 chapter 287. The department may prescribe a distinctive
23 uniform to be worn by personnel of the Capitol Select Security
24 Service in the performance of their duties pursuant to s.
25 943.61. The department may prescribe a distinctive emblem to
26 be worn by all officers or guards of the Capitol Select
27 Security Service.
28 Section 21. Section 281.20, Florida Statutes, is
29 transferred, renumbered as section 943.68, Florida Statutes,
30 and amended to read:
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1 943.68 281.20 Transportation and protective
2 services.--
3 (1) The department of Law Enforcement shall provide
4 and maintain the security of the Governor, the Governor's
5 immediate family, and the Governor's office and mansion and
6 the grounds thereof.
7 (2) The department shall employ such personnel as may
8 be necessary to carry out this responsibility, including
9 uniformed and nonuniformed officers or agents who shall have
10 authority to bear arms and make arrests, with or without
11 warrant, for violations of any of the criminal laws of the
12 state, under the same terms and conditions as investigative
13 personnel of the department, and who shall be considered peace
14 officers for all purposes, including, but not limited to, the
15 privileges, protections, and benefits of ss. 112.19, 121.051,
16 122.34, and 870.05.
17 (3) The executive director shall assign agents for the
18 performance of the duties prescribed in this section. The
19 assignment of such agents shall be subject to continuing
20 approval of the Governor. Upon request of the Governor, the
21 executive director shall reassign an agent from continued
22 performance of such duties.
23 (4) Per diem and subsistence allowance for security
24 personnel traveling with the Governor, or the Governor's
25 family, or others as authorized by this section, away from
26 Tallahassee shall be computed by payment of a sum up to the
27 amounts permitted in s. 112.061(6)(d) for meals, plus actual
28 expenses for lodging to be substantiated by paid bills
29 therefor.
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1 (5) The department is authorized to provide security
2 or transportation to visiting governors and their families
3 upon request by the Governor.
4 (6) The department shall provide security or
5 transportation services to other persons when requested by the
6 Governor, the Lieutenant Governor, a member of the Cabinet,
7 the Speaker of the House of Representatives, the President of
8 the Senate, or the Chief Justice of the Supreme Court, subject
9 to certification by the agency head that such services are in
10 the best interest of the state. The agency head may delegate
11 certification authority to the executive director of the
12 department. The agency head shall limit such services to
13 persons:
14 (a) Who are visiting the state; for whom such services
15 are requested by the Governor, the Lieutenant Governor, a
16 member of the Cabinet, the Speaker of the House of
17 Representatives, the President of the Senate, or the Chief
18 Justice of the Supreme Court; and for whom the primary purpose
19 of the visit is for a public purpose and to promote the
20 development of the state; or
21 (b) For whom the failure to provide security or
22 transportation could result in a clear and present danger to
23 the personal safety of such persons or could result in public
24 embarrassment to the state.
25 (7) The department is authorized to coordinate
26 transportation and protective services provided under
27 subsections (1), (5), and (6) with other law enforcement
28 agencies and may request the assistance of other law
29 enforcement agencies to carry out the duties required by
30 subsections (1), (5), and (6). The other law enforcement
31 agencies of the state are authorized to provide such
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1 assistance as may be requested by the department under this
2 subsection.
3 (8) The department shall coordinate all protective
4 services with the United States Department of State and the
5 United States Secret Service when requested to do so by such
6 agencies or by the Governor or a member of the Cabinet.
7 (9) The department shall submit reports on July 15 and
8 January 15 of each year to the President of the Senate,
9 Speaker of the House of Representatives, Governor, and members
10 of the Cabinet, detailing all transportation and protective
11 services provided under subsections (1), (5), and (6) within
12 the preceding 6 months. Each report shall include a detailed
13 accounting of the cost of such transportation and protective
14 services, including the names of persons provided such
15 services and the nature of state business performed.
16 Section 22. Paragraph (c) of subsection (2) of section
17 287.17, Florida Statutes, is amended to read:
18 287.17 Limitation on use of motor vehicles and
19 aircraft.--
20 (2) The following criteria shall be considered in
21 determining appropriate uses of motor vehicles and aircraft:
22 (c) Whether the Department of Law Enforcement has been
23 directed by the agency head to provide security or
24 transportation pursuant to s. 943.68 281.20.
25 Section 23. Paragraph (g) of subsection (2) of section
26 288.816, Florida Statutes, is amended to read:
27 288.816 Intergovernmental relations.--
28 (2) The secretary shall be responsible for all
29 consular relations between the state and all foreign
30 governments doing business in Florida. The secretary shall
31 monitor United States laws and directives to ensure that all
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1 federal treaties regarding foreign privileges and immunities
2 are properly observed. The secretary shall promulgate rules
3 which shall:
4 (g) Request the Department of Law Enforcement to
5 provide transportation and protection services when necessary
6 pursuant to s. 943.68 281.20.
7 Section 24. The Office of Legislative Services shall
8 contract with a qualified outside vendor for a security
9 inventory of facilities and personnel. The security inventory
10 shall include information with respect to:
11 (1) A listing of security options available.
12 (2) A listing of the proposed most efficient,
13 cost-effective methods of providing security.
14 (3) Any other items with respect to security that the
15 Legislature should consider.
16 Section 25. This act shall take effect upon becoming a
17 law.
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19 *****************************************
20 HOUSE SUMMARY
21
Creates the Capitol Select Security Service within the
22 Florida Department of Law Enforcement and transfers the
powers, duties, and functions of the Florida Capitol
23 Police related to the Capitol Complex from the Department
of Management Services to the newly created security
24 service within the Department of Law Enforcement. Renames
the Florida Capitol Police as the State Security Force.
25 See bill for details.
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