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.--

31

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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:

31

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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.

30

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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.

18

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.

26

27

28

29

30

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