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.

31

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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:

31

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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.

28

29

30

31

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