House Bill hb1407c1
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Florida House of Representatives - 2002 CS/HB 1407
By the Council for Smarter Government and Committee on
State Administration and Representatives Brummer and Cantens
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.; defining the Capitol Complex;
11 amending s. 281.02, F.S.; providing for powers
12 and duties of the Department of Management
13 Services with respect to firesafety and
14 security responsibilities; amending s. 281.03,
15 F.S.; providing for collection and retention of
16 certain reports by the Department of Management
17 Services; repealing s. 281.04, F.S., relating
18 to arrest procedures of the Florida Capitol
19 Police; repealing s. 281.05, F.S., relating to
20 ex officio agents of the Florida Capitol
21 Police; amending s. 281.06, F.S.; authorizing
22 the Department of Management Services to
23 contract with counties, municipalities, or
24 private security agencies to maintain the
25 security of certain public premises; amending
26 s. 281.07, F.S.; providing for adoption of
27 parking regulations of the Department of
28 Management Services; amending s. 281.08, F.S.;
29 providing for the procurement of equipment by
30 the Department of Management Services; creating
31 s. 943.60, F.S., to define the Capitol Complex;
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1 creating s. 943.601, F.S.; providing for the
2 preservation of legislative powers; limiting
3 the authority of the Department of Law
4 Enforcement to impede such powers; providing a
5 duty of the Capitol Select Security Service to
6 defend such legislative powers as requested by
7 a presiding officer of the Legislature;
8 creating s. 943.61, F.S.; creating and
9 providing for the powers, duties, and functions
10 of the Capitol Select Security Service;
11 providing that the service shall serve the
12 needs of both the legislative and executive
13 branches of state government; prohibiting the
14 taking of resources of, or the decreasing of
15 appropriations to, the Capitol Select Security
16 Service without the approval of the Governor
17 and the Legislative Budget Commission;
18 requiring the establishment of security plans;
19 requiring consultation with the Governor,
20 members of the Cabinet, and the presiding
21 officers of the Legislature in the development
22 of such plans; requiring biennial approval of
23 such plans; authorizing the implementation of
24 unapproved plans in times of emergency;
25 establishing other powers and duties of the
26 Capitol Select Security Service; establishing
27 standards for officers of the Capitol Select
28 Security Service; limiting authority of the
29 Capitol Select Security Service with respect to
30 certain legislative personnel and facilities;
31 creating s. 943.611, F.S.; providing for the
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1 nomination and approval of the executive
2 director of the Capitol Select Security
3 Service; providing that the executive director
4 serves at the pleasure of the head of the
5 Department of Law Enforcement; requiring
6 periodic reappointment and approval of the
7 executive director; creating s. 943.62, F.S.;
8 providing for investigations by the Capitol
9 Select Security Service; creating s. 943.63,
10 F.S.; providing that persons arrested or
11 detained by the Capitol Select Security Service
12 shall be delivered to the sheriff; creating s.
13 943.64, F.S.; providing that certain law
14 enforcement officers may serve as ex officio
15 agents of the Capitol Select Security Service;
16 creating s. 943.66, F.S.; authorizing the
17 Capitol Select Security Service to enforce
18 certain rules of the Department of Management
19 Services; creating s. 943.67, F.S.; providing
20 for the procurement of equipment by the
21 Department of Law Enforcement; renumbering and
22 amending s. 281.20, F.S., relating to the
23 security of the Governor and other specified
24 persons; amending ss. 287.17 and 288.816, F.S.;
25 correcting cross references, to conform;
26 providing for a security inventory; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
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1 Section 1. Section 20.201, Florida Statutes, is
2 amended to read:
3 20.201 Department of Law Enforcement.--
4 (1) There is created a Department of Law Enforcement.
5 The head of the department is the Governor and Cabinet. The
6 executive director of the department shall be appointed by the
7 Governor with the approval of three members of the Cabinet and
8 subject to confirmation by the Senate. The executive director
9 shall serve at the pleasure of the Governor and Cabinet. The
10 executive director may establish a command, operational, and
11 administrative services structure to assist, manage, and
12 support the department in operating programs and delivering
13 services.
14 (2) The following programs of the Department of Law
15 Enforcement are established:
16 (a) Criminal Justice Investigations and Forensic
17 Science Program.
18 (b) Criminal Justice Information Program.
19 (c) Criminal Justice Professionalism Program.
20 (d) Capitol Select Security Service.
21 Section 2. All statutory powers, duties, and functions
22 of the Division of Capitol Police within the Department of
23 Management Services related to the provision of security
24 within the Capitol Complex, as defined in s. 281.01, Florida
25 Statutes, and the support thereof, are transferred from the
26 Department of Management Services to the Capitol Select
27 Security Service within the Department of Law Enforcement by a
28 type two transfer, as defined in s. 20.06(2), Florida
29 Statutes.
30 Section 3. Section 281.01, Florida Statutes, is
31 created to read:
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1 281.01 Definitions.--For the purposes of ss.
2 281.01-281.08, the term "Capitol Complex" includes that
3 portion of Tallahassee, Leon County, Florida, commonly
4 referred to as the Capitol, the Historic Capitol, the Senate
5 Office Building, the House Office Building, the Knott
6 Building, the Pepper Building, the Holland Building, and the
7 curtilage of each, including the state-owned lands and public
8 streets adjacent thereto within an area bounded by and
9 including Monroe Street, Jefferson Street, Duval Street, and
10 Gaines Street. The term shall also include the State Capital
11 Circle Office Complex in Leon County, Florida.
12 Section 4. Section 281.02, Florida Statutes, is
13 amended to read:
14 281.02 Powers and duties of the Department of
15 Management Services with respect to firesafety and security,
16 Florida Capitol Police.--The Department of Management
17 Services, Florida Capitol Police, has the following powers and
18 duties with respect to firesafety and security:
19 (1) To assist the State Fire Marshal in maintaining
20 the firesafety of public buildings pursuant to s. 633.085
21 establish a comprehensive and ongoing plan for the firesafety
22 and security of the Capitol, the Senate Office Building, the
23 House Office Building, and the Historic Capitol, including,
24 but not limited to, the institution of programs for the
25 awareness and training in firesafety and security of members
26 of the Legislature and their employees, and all other elected
27 officials and their respective employees, who occupy such
28 buildings. The Florida Capitol Police shall also ensure that
29 adequate signs and personnel are in place to inform and assist
30 the occupants of and visitors to such buildings.
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1 (2) To make provision by rule, contract, lease, or
2 interagency agreement for provide and maintain the firesafety
3 and security of all state-owned property leased from the
4 Department of Management Services, excluding state
5 universities and custodial institutions, the Capitol Complex
6 the Governor's office, the Governor's mansion and the grounds
7 thereof, and the Supreme Court. Such provision shall include
8 provision for the safety and security of occupants and
9 visitors to state-owned property, for appropriate law
10 enforcement response to complaints relating to criminal
11 activity or security threats, and for the development of
12 (3) To develop emergency procedures and evacuation
13 routes in the event of fire or disaster and to ensure that
14 make such procedures and routes are known to those persons
15 occupying such property state-owned buildings leased from the
16 Department of Management Services.
17 (3)(4) To employ:
18 (a) Agents who hold certification as police officers
19 in accordance with the minimum standards and qualifications as
20 set forth in s. 943.13 and the provisions of chapter 110, who
21 shall have the authority to bear arms, make arrests, and apply
22 for arrest warrants; and
23 (b) guards and administrative, clerical, technical,
24 and other personnel as may be required.
25 (4)(5) To train employees and make provision for the
26 training of agents, guards, and employees of tenant agencies
27 agents and guards in security fire prevention, firesafety, and
28 emergency medical procedures.
29 (6) To respond to all complaints relating to criminal
30 activity within state-owned buildings or state-leased
31 property.
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1 (5)(7) To make provision for the enforcement of
2 enforce rules of the Department of Management Services
3 governing the regulation of traffic and parking on state-owned
4 or state-leased property, including, but not limited to,
5 issuing citations for the violation of such rules or the
6 traffic laws of the state or any county or municipality and
7 impounding illegally or wrongfully parked vehicles.
8 (6)(8) To delegate or assign its duties and
9 responsibilities furthering the provision of security as
10 required and authorized by provided in this section to any
11 state agency occupying such state-owned or state-leased
12 property. Security requirements may be included in lease
13 agreements or established by department rule.
14 Section 5. Section 281.03, Florida Statutes, is
15 amended to read:
16 281.03 Incident reports and record retention
17 Investigations by the Florida Capitol Police.--
18 (1) The Department of Management Services, Florida
19 Capitol Police, shall conduct traffic accident investigations
20 and investigations relating to felonies and misdemeanors
21 occurring on state-owned or state-leased property. Any
22 matters which are deemed to involve a felony may be referred
23 to the appropriate law enforcement agency for criminal
24 investigation. Such referrals shall include transmittal of
25 records, reports, statements, and all other information
26 relating to such matters.
27 (2) The Department of Management Services, Florida
28 Capitol Police, shall make provision for the collection and
29 retention of retain copies of all reports relating to such
30 criminal activity or other safety-related and security-related
31 incidents occurring on state-owned or state-leased property
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1 for use in the ongoing firesafety and security planning and to
2 fulfill its responsibilities under plan as required in s.
3 281.02.
4 Section 6. Sections 281.04 and 281.05, Florida
5 Statutes, are repealed.
6 Section 7. Section 281.06, Florida Statutes, is
7 amended to read:
8 281.06 Contracts with counties, municipalities, or
9 licensed private security agencies.--The Department of
10 Management Services, Florida Capitol Police, may contract with
11 any county, municipality, or licensed private security agency
12 to provide and maintain the security of state-owned or
13 state-leased property, and the safety and security of
14 occupants and visitors thereof, pursuant to required by ss.
15 281.02-281.08 upon such terms as the department may deem to be
16 in the best interest of the state.
17 Section 8. The catchline and subsection (1) of section
18 281.07, Florida Statutes, are amended to read:
19 281.07 Rules; Facilities Program, Florida Capitol
20 Police; traffic regulation.--
21 (1) The Department of Management Services shall adopt
22 and promulgate rules to govern the administration, operation,
23 and management of the Facilities Program, Florida Capitol
24 Police, and to regulate traffic and parking on state-owned or
25 state-leased property, including the Capitol Complex, which
26 rules are not in conflict with any state law or county or
27 municipal ordinance, and to carry out the provisions of ss.
28 281.02-281.08.
29 Section 9. Section 281.08, Florida Statutes, is
30 amended to read:
31 281.08 Equipment.--
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1 (1) The Department of Management Services, Florida
2 Capitol Police, is specifically authorized to purchase, sell,
3 trade, rent, lease, and maintain all necessary equipment,
4 uniforms, motor vehicles, communication systems, housing
5 facilities, and office space, and perform any other acts
6 necessary for the proper administration and enforcement of ss.
7 281.02-281.08, pursuant to part I of chapter 287. The
8 department may prescribe a distinctive uniform to be worn by
9 personnel of the Florida Capitol Police in the performance of
10 their duties pursuant to s. 281.02(7). The department may
11 prescribe a distinctive emblem to be worn by all officers or
12 guards of the Florida Capitol Police.
13 (2) It is unlawful for any unauthorized person to wear
14 a uniform or emblem prescribed by the department for the
15 Florida Capitol Police, or a similar uniform or emblem, or to
16 impersonate, pretend, or represent himself or herself to be a
17 police officer or guard of the Florida Capitol Police. Any
18 person who violates the provisions of this subsection is
19 guilty of a misdemeanor of the first degree, punishable as
20 provided in s. 775.082 or s. 775.083.
21 Section 10. Section 943.60, Florida Statutes, is
22 created to read:
23 943.60 Definitions.--For the purposes of ss.
24 943.60-943.68, the term "Capitol Complex" includes that
25 portion of Tallahassee, Leon County, Florida, commonly
26 referred to as the Capitol, the Historic Capitol, the Senate
27 Office Building, the House Office Building, the Knott
28 Building, the Pepper Building, the Holland Building, and the
29 curtilage of each, including the state-owned lands and public
30 streets adjacent thereto within an area bounded by and
31 including Monroe Street, Jefferson Street, Duval Street, and
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1 Gaines Street. The term shall also include the State Capital
2 Circle Office Complex in Leon County, Florida.
3 Section 11. Section 943.601, Florida Statutes, is
4 created to read:
5 943.601 Preservation of legislative powers.--Except as
6 may be agreed to by the presiding officers of both houses of
7 the Legislature, nothing in this chapter shall limit or
8 otherwise interfere with the rights and powers of the Senate
9 or the House of Representatives, or the officers of either, to
10 direct or command members or committees of the Legislature or
11 legislative employees to attend any meeting or enter any area
12 of the Capitol Complex for a legislative purpose, and the
13 Capitol Select Security Service may, as provided by the
14 security plans developed and approved under s. 943.61(1), and
15 upon request of the presiding officer either house of the
16 Legislature, ensure the ability of any member of the house
17 presided over by such presiding officer to attend to such
18 legislative business without wrongful interference from any
19 person or governmental entity.
20 Section 12. Section 943.61, Florida Statutes, is
21 created to read:
22 943.61 Powers and duties of the Capitol Select
23 Security Service.--There is created the Capitol Select
24 Security Service within the Department of Law Enforcement,
25 which security service shall serve the safety and security
26 needs of both the legislative and executive branches of state
27 government. It shall be the primary responsibility of the
28 Capitol Select Security Service to ensure the continuing
29 operation of the government of the State of Florida by
30 protecting the security of the Governor, the Lieutenant
31 Governor, the members of the Cabinet, and the members of the
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1 Senate and of the House of Representatives, and those
2 employees assigned to assist such state officials in the
3 performance of their official duties, and by ensuring their
4 access to buildings and premises within the Capitol Complex.
5 The Capitol Select Security Service shall also provide
6 security and protection for other state officials, employees,
7 and visitors to the Capitol Complex and shall maintain a
8 reasonable degree of safety and security within the Capitol
9 Complex while ensuring reasonable access to buildings and
10 premises within the Capitol Complex by state officials,
11 employees, and visitors. Notwithstanding the provisions of
12 chapter 216, no assets, personnel, or resources shall be taken
13 from the Capital Select Security Service, and no appropriation
14 to the service shall be reduced without the express approval
15 of the Governor and the Legislative Budget Commission. Nothing
16 herein limits the ability of the Capitol Select Security
17 Service to provide mutual aid to other law enforcement
18 agencies as authorized by law unless such a limitation is
19 expressly included in the operational security plans developed
20 and approved as provided in subsection (1). The Capitol Select
21 Security Service shall have the following powers and duties:
22 (1) To develop, in consultation with the Governor,
23 Cabinet officers, the President of the Senate, and the Speaker
24 of the House of Representatives, written operational plans for
25 basic and enhanced security measures and actions related to
26 the Capitol Complex. Such plans and any changes or amendments
27 thereto shall not be implemented unless presented in writing
28 in final form to the Governor, the President of the Senate,
29 and the Speaker of the House of Representatives and all three
30 grant their approval in writing. The approval of any officer
31 required herein shall expire 60 days after such officer
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1 vacates his or her office, and the written approval of the
2 successor in office must be obtained prior to the continuation
3 of operations under such plans. Upon the request of the
4 Governor, a Cabinet officer, the President of the Senate, or
5 the Speaker of the House of Representatives, the Capitol
6 Select Security Service shall activate previously approved
7 enhanced security measures and actions in accordance with the
8 approved operational plans specific to the requesting
9 officer's responsibilities and to the facilities occupied by
10 such officer and employees responsible to such officer. Upon
11 an emergency threatening the immediate safety and security of
12 occupants of the Capitol Complex, so declared by the Governor,
13 plans not approved as required by this subsection may be
14 implemented for a period not to exceed 15 days, provided such
15 plans do not substantially interfere with the ability of the
16 Senate and the House of Representatives to assemble for any
17 constitutional purpose. The Capitol Select Security Service
18 shall also ensure that adequate signs and personnel are in
19 place to inform and assist the occupants of and visitors to
20 buildings within the Capitol Complex.
21 (2) To provide and maintain the security of all
22 property located in the Capitol Complex and, in consultation
23 with the State Fire Marshal, to provide for evacuations,
24 information, and training required for firesafety on such
25 property.
26 (3) To develop plans for reporting incidents involving
27 buildings and property within the Capitol Complex, emergency
28 procedures and evacuation routes in the event of fire,
29 security threats, incidents prompting a need for evacuation,
30 acts of terrorism, or natural or manmade disaster and to make
31
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1 such procedures and routes known to those persons occupying
2 such buildings.
3 (4) To employ:
4 (a) Officers who:
5 1. Hold certification as law enforcement officers in
6 accordance with the minimum standards and qualifications as
7 set forth in s. 943.13 and the provisions of chapter 110; and
8 2. Have the authority to bear arms, make arrests,
9 except as otherwise prohibited herein, and apply for arrest
10 warrants; and
11 (b) Guards and administrative, clerical, technical,
12 and other personnel as may be required.
13 (5) 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 (6) 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 (7) As provided by the security plans developed and
22 approved under subsection (1), and upon request of the
23 presiding officer of either house of the Legislature, the
24 director may assign one or more officers for the protection of
25 a member of the house presided over by such presiding officer.
26 (8) Per diem and subsistence allowance for Department
27 employees traveling with a member of the Legislature away from
28 Tallahassee shall be computed by payment of a sum up to the
29 amounts permitted in s. 112.061 for meals, plus actual
30 expenses for lodging to be substantiated by paid bills
31 therefor.
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1 (9) To enforce rules of the Department of Management
2 Services governing the regulation of traffic and parking
3 within the Capitol Complex and to impound illegally or
4 wrongfully parked vehicles.
5 (10) To establish policies for the organizational
6 structure, principles of command, and internal operations of
7 the Capitol Select Security Service, provided that such
8 policies are not inconsistent with the provisions of ss.
9 943.61-943.68 or the security plans developed and approved
10 under subsection (1).
11 (11) No employee of the Capitol Select Security
12 Service shall be permitted in either chamber without the
13 specific permission of the presiding officer of that house of
14 the Legislature, but may enter in the case of an emergency
15 when the presiding officer is not present.
16 (12) Except with the prior approval of the appropriate
17 presiding officer, or as otherwise provided by the security
18 plan developed and approved under subsection (1), under no
19 circumstances shall officers of the Capitol Select Security
20 Service have the power to prevent any meeting of the
21 Legislature, legislative committees, or staff or to detain a
22 member of the Legislature. The security plan shall make
23 provision for the adequate protection of occupants of and
24 visitors to the Capitol Complex from any clear and present
25 danger to the health and safety of all persons.
26
27 It is the intent of the Legislature that the Capitol Select
28 Security Service serve as a specially trained and highly
29 effective security force for the Capitol Complex rather than
30 as a law enforcement agency. The primary responsibility of the
31 Capitol Select Security Service shall be to ensure the ability
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1 of the state government officials to continue the operation of
2 essential state governmental duties by providing for the
3 security and protection of state officials, employees, and
4 visitors within the Capitol Complex. To this end, employees of
5 the Capitol Select Security Service may detain persons for
6 arrest by other law enforcement agencies.
7 Section 13. Section 943.611, Florida Statutes, is
8 created to read:
9 943.611 Executive director of Capitol Select Security
10 Service.--
11 (1) The head of the Department of Law Enforcement
12 shall nominate, no later than 7 days prior to each
13 organization session of the Legislature, an individual to
14 serve as the executive director of the Capitol Select Security
15 Service, who shall serve at the pleasure of the head of the
16 Department of Law Enforcement.
17 (2) Unless discharged by the head of the Department of
18 Law Enforcement, the executive director shall serve until:
19 (a) A successor has been nominated; or
20 (b) The executive director has been nominated for
21 reappointment and the time for obtaining reapproval has
22 expired.
23 (3) In the event that a nominee is not approved or the
24 executive director is discharged by the head of the
25 department, or the position is otherwise vacant, a successor
26 shall be nominated and approved as provided in subsection (4).
27 No person who has previously been nominated and who failed to
28 obtain approval shall be nominated to serve as the successor.
29 (4) Each person nominated pursuant to either
30 subsection (1) or subsection (3) must be approved no later
31 than 30 days after the adjournment sine die of the next
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1 regular, special, or organization session of the Legislature,
2 by both the House of Representatives and the Senate, as
3 provided in the rules of the respective house.
4 (5) A nominee shall serve as the acting executive
5 director until the time for obtaining approval has expired.
6 Section 14. Section 943.62, Florida Statutes, is
7 created to read:
8 943.62 Investigations by the Capitol Select Security
9 Service.--
10 (1) The Capitol Select Security Service shall conduct
11 traffic accident investigations and investigations relating to
12 felonies and misdemeanors occurring within the Capitol
13 Complex. Any matters may be referred to the department's
14 special agents or inspectors or another appropriate law
15 enforcement agency for further investigation. Such referrals
16 shall include transmittal of records, reports, statements, and
17 all other information relating to such matters.
18 (2) The Capitol Select Security Service shall retain
19 copies of all reports relating to such criminal activity for
20 use in the ongoing firesafety and security plan as required in
21 s. 943.61.
22 Section 15. Section 943.63, Florida Statutes, is
23 created to read:
24 943.63 Detention or arrest by Capitol Select Security
25 Service.--A person detained or arrested by an officer of the
26 Capitol Select Security Service shall be delivered to the
27 sheriff of the county in which the detention or arrest takes
28 place.
29 Section 16. Section 943.64, Florida Statutes, is
30 created to read:
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1 943.64 Ex officio agents.--Law enforcement officers of
2 the Department of Highway Safety and Motor Vehicles, special
3 agents or inspectors of the Department of Law Enforcement, and
4 law enforcement officers of other state agencies, counties,
5 and municipalities are ex officio agents of the Capitol Select
6 Security Service and may, when authorized by the Capitol
7 Select Security Service, enforce rules and laws applicable to
8 the powers and duties of the Capitol Select Security Service
9 to provide and maintain the security required by ss.
10 943.61-943.68.
11 Section 17. Section 943.66, Florida Statutes, is
12 created to read:
13 943.66 Rules; Facilities Program, Capitol Select
14 Security Service; traffic regulation.--
15 (1) The Capitol Select Security Service may enforce
16 rules of the Department of Management Services governing the
17 administration, operation, and management of the Facilities
18 Program and regulating traffic and parking on state-owned or
19 state-leased buildings or property, if such rules are not in
20 conflict with any state law or county or municipal ordinance,
21 and to carry out the provisions of ss. 943.61-943.68.
22 (2) Political subdivisions and municipalities may
23 enact and enforce ordinances on the violation of traffic and
24 parking rules as provided in subsection (1).
25 Section 18. Section 943.67, Florida Statutes, is
26 created to read:
27 943.67 Equipment.--The department is specifically
28 authorized to purchase, sell, trade, rent, lease, and maintain
29 all necessary equipment, uniforms, motor vehicles,
30 communication systems, housing facilities, and office space,
31 and to perform any other acts necessary for the proper
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1 administration and enforcement of ss. 943.61-943.68 through
2 the Capitol Select Security Service, pursuant to part I of
3 chapter 287. The department may prescribe a distinctive
4 uniform to be worn by personnel of the Capitol Select Security
5 Service in the performance of their duties pursuant to s.
6 943.61. The department may prescribe a distinctive emblem to
7 be worn by all officers or guards of the Capitol Select
8 Security Service.
9 Section 19. Section 281.20, Florida Statutes, is
10 renumbered as section 943.68, Florida Statutes, and amended to
11 read:
12 943.68 281.20 Transportation and protective
13 services.--
14 (1) The department of Law Enforcement shall provide
15 and maintain the security of the Governor, the Governor's
16 immediate family, and the Governor's office and mansion and
17 the grounds thereof.
18 (2) The department shall employ such personnel as may
19 be necessary to carry out this responsibility, including
20 uniformed and nonuniformed officers or agents who shall have
21 authority to bear arms and make arrests, with or without
22 warrant, for violations of any of the criminal laws of the
23 state, under the same terms and conditions as investigative
24 personnel of the department, and who shall be considered peace
25 officers for all purposes, including, but not limited to, the
26 privileges, protections, and benefits of ss. 112.19, 121.051,
27 122.34, and 870.05.
28 (3) The executive director shall assign agents for the
29 performance of the duties prescribed in this section. The
30 assignment of such agents shall be subject to continuing
31 approval of the Governor. Upon request of the Governor, the
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1 executive director shall reassign an agent from continued
2 performance of such duties.
3 (4) Per diem and subsistence allowance for security
4 personnel traveling with the Governor, or the Governor's
5 family, or others as authorized by this section away from
6 Tallahassee shall be computed by payment of a sum up to the
7 amounts permitted in s. 112.061(6)(d) for meals, plus actual
8 expenses for lodging to be substantiated by paid bills
9 therefor.
10 (5) The department is authorized to provide security
11 or transportation to visiting governors and their families
12 upon request by the Governor.
13 (6) The department shall provide security or
14 transportation services to other persons when requested by the
15 Governor, the Lieutenant Governor, a member of the Cabinet,
16 the Speaker of the House of Representatives, the President of
17 the Senate, or the Chief Justice of the Supreme Court, subject
18 to certification by the agency head that such services are in
19 the best interest of the state. The agency head may delegate
20 certification authority to the executive director of the
21 department. The agency head shall limit such services to
22 persons:
23 (a) Who are visiting the state; for whom such services
24 are requested by the Governor, the Lieutenant Governor, a
25 member of the Cabinet, the Speaker of the House of
26 Representatives, the President of the Senate, or the Chief
27 Justice of the Supreme Court; and for whom the primary purpose
28 of the visit is for a public purpose and to promote the
29 development of the state; or
30 (b) For whom the failure to provide security or
31 transportation could result in a clear and present danger to
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1 the personal safety of such persons or could result in public
2 embarrassment to the state.
3 (7) The department is authorized to coordinate
4 transportation and protective services provided under
5 subsections (1), (5), and (6) with other law enforcement
6 agencies and may request the assistance of other law
7 enforcement agencies to carry out the duties required by
8 subsections (1), (5), and (6). The other law enforcement
9 agencies of the state are authorized to provide such
10 assistance as may be requested by the department under this
11 subsection.
12 (8) The department shall coordinate all protective
13 services with the United States Department of State and the
14 United States Secret Service when requested to do so by such
15 agencies or by the Governor or a member of the Cabinet.
16 (9) The department shall submit reports on July 15 and
17 January 15 of each year to the President of the Senate,
18 Speaker of the House of Representatives, Governor, and members
19 of the Cabinet, detailing all transportation and protective
20 services provided under subsections (1), (5), and (6) within
21 the preceding 6 months. Each report shall include a detailed
22 accounting of the cost of such transportation and protective
23 services, including the names of persons provided such
24 services and the nature of state business performed.
25 Section 20. Paragraph (c) of subsection (2) of section
26 287.17, Florida Statutes, is amended to read:
27 287.17 Limitation on use of motor vehicles and
28 aircraft.--
29 (2) The following criteria shall be considered in
30 determining appropriate uses of motor vehicles and aircraft:
31
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1 (c) Whether the Department of Law Enforcement has been
2 directed by the agency head to provide security or
3 transportation pursuant to s. 943.68 281.20.
4 Section 21. Paragraph (g) of subsection (2) of section
5 288.816, Florida Statutes, is amended to read:
6 288.816 Intergovernmental relations.--
7 (2) The secretary shall be responsible for all
8 consular relations between the state and all foreign
9 governments doing business in Florida. The secretary shall
10 monitor United States laws and directives to ensure that all
11 federal treaties regarding foreign privileges and immunities
12 are properly observed. The secretary shall promulgate rules
13 which shall:
14 (g) Request the Department of Law Enforcement to
15 provide transportation and protection services when necessary
16 pursuant to s. 943.68 281.20.
17 Section 22. The Office of Legislative Services shall
18 contract with a qualified outside vendor for a security
19 inventory of facilities and personnel. The security inventory
20 shall include information with respect to:
21 (1) A listing of security options available.
22 (2) A listing of the proposed most efficient,
23 cost-effective methods of providing security.
24 (3) Any other items with respect to security that the
25 Legislature should consider.
26 Section 23. This act shall take effect upon becoming a
27 law.
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