House Bill hb0727

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    Florida House of Representatives - 2002                 HB 727

        By the Committee on Security, Select and Representatives
    Goodlette, Gelber, Ball, Green, Cusack, Cantens, Bense and
    Machek




  1                      A bill to be entitled

  2         An act relating to domestic security; amending

  3         s. 252.311, F.S.; providing legislative

  4         findings with respect to counterterrorism

  5         efforts and initial responses to acts of

  6         terrorism within or affecting this state;

  7         creating s. 775.30, F.S.; defining "terrorism"

  8         for use in the criminal code; amending s.

  9         943.03, F.S.; specifying the duties of the

10         Department of Law Enforcement with regard to

11         counterterrorism efforts, responses to acts of

12         terrorism, and other domestic security matters

13         related to terrorism; creating s. 943.0311,

14         F.S.; requiring the executive director of the

15         department to serve as or designate a Chief of

16         Domestic Security Initiatives; specifying

17         duties of the chief; requiring the chief to

18         conduct security assessments of buildings and

19         facilities owned or leased by state agencies or

20         local governments; requiring the chief to

21         recommend minimum security standards or needs

22         for security enhancement to the Governor and

23         the Legislature; requiring the chief to develop

24         recommended best practices for safety and

25         security; authorizing security assessments of

26         buildings or facilities owned by private

27         entities; requiring the executive director of

28         the department to submit recommendations

29         concerning security to the Governor and the

30         Legislature; creating s. 943.0312, F.S.;

31         requiring the department to establish a

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  1         regional domestic security task force in each

  2         of its operational regions; providing for

  3         membership; providing goals and objectives;

  4         requiring the Chief of Domestic Security

  5         Initiatives to recommend funding and training

  6         requirements to the Governor and the

  7         Legislature; requiring the regional task forces

  8         to ensure appropriate investigation of and

  9         response to certain hate crimes; providing for

10         per diem and travel expenses; requiring the

11         department to provide staff and administrative

12         support for the task forces; creating s.

13         943.0321, F.S.; creating the Florida Domestic

14         Security and Counterterrorism Intelligence

15         Center within the department; creating the

16         Florida Domestic Security and Counterterrorism

17         Database within the intelligence center;

18         providing functions of the intelligence center

19         with respect to gathering and analyzing active

20         criminal intelligence information and criminal

21         investigative information; requiring the

22         intelligence center to maintain and operate the

23         database; providing requirements for the

24         database; requiring the department to establish

25         methods for transfer of data to it and provide

26         information from the database to law

27         enforcement agencies and prosecutors; providing

28         that information that is exempt from public

29         disclosure and is released to another agency or

30         prosecutor by the intelligence center retains

31         such exemption; providing that information that

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  1         is exempt from public disclosure and is

  2         obtained by the intelligence center retains

  3         such exemption; providing an effective date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Section 252.311, Florida Statutes, is

  8  amended to read:

  9         252.311  Legislative intent.--

10         (1)  The Legislature finds and declares that the state

11  is vulnerable to a wide range of emergencies, including

12  natural, technological, and manmade disasters, including, but

13  not limited to, acts of terrorism within or affecting this

14  state, all of which threaten the life, health, and safety of

15  its people; damage and destroy property; disrupt services and

16  everyday business and recreational activities; and impede

17  economic growth and development.  The Legislature further

18  finds that this vulnerability is exacerbated by the tremendous

19  growth in the state's population, especially the growth in the

20  number of persons residing in coastal areas, in the elderly

21  population, in the number of seasonal vacationers, and in the

22  number of persons with special needs.  This growth has greatly

23  complicated the state's ability to coordinate its emergency

24  management resources and activities.

25         (2)  It is the intent of the Legislature to reduce the

26  vulnerability of the people and property of this state; to

27  prepare for efficient evacuation and shelter of threatened or

28  affected persons; to provide for the rapid and orderly

29  provision of relief to persons and for the restoration of

30  services and property; and to provide for the coordination of

31  activities relating to emergency preparedness, response,

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  1  recovery, and mitigation among and between agencies and

  2  officials of this state, with similar agencies and officials

  3  of other states, with local and federal governments, with

  4  interstate organizations, and with the private sector.

  5         (3)  The Legislature finds that, with respect to

  6  counterterrorism efforts and initial responses to acts of

  7  terrorism within or affecting this state, specialized efforts

  8  of emergency management that are unique to such situations are

  9  required and that these efforts intrinsically involve very

10  close coordination of federal, state, and local law

11  enforcement agencies with the efforts of all others involved

12  in emergency response. In order to best provide this

13  specialized effort with respect to counterterrorism efforts

14  and responses, the Legislature has determined that such

15  efforts should be coordinated by and through the Department of

16  Law Enforcement, working closely with the Division of

17  Emergency Management and others involved in preparation

18  against acts of terrorism within or affecting this state and

19  in the initial response to such acts.

20         (4)(3)  It is further the intent of the Legislature to

21  promote the state's emergency preparedness, response,

22  recovery, and mitigation capabilities through enhanced

23  coordination, long-term planning, and adequate funding.  State

24  policy for responding to disasters is to support local

25  emergency response efforts.  In the case of a major or

26  catastrophic disaster, however, the needs of residents and

27  communities will likely be greater than local resources.  In

28  these situations, the state must be capable of providing

29  effective, coordinated, and timely support to communities and

30  the public.  Therefore, the Legislature hereby determines and

31

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  1  declares that the provisions of this act fulfill an important

  2  state interest.

  3         Section 2.  Section 775.30, Florida Statutes, is

  4  created to read:

  5         775.30  Terrorism defined.--As used in the criminal

  6  code of this state, "terrorism" means an activity that:

  7         (1)(a)  Involves a violent act or an act dangerous to

  8  human life that is a violation of the criminal laws of this

  9  state or of the United States; or

10         (b)  Involves a violation of s. 815.06; and

11         (2)  Is intended to:

12         (a)  Intimidate, injure, or coerce a civilian

13  population;

14         (b)  Influence the policy of a government by

15  intimidation or coercion; or

16         (c)  Affect the conduct of government through

17  destruction of property, assassination, murder, kidnapping, or

18  aircraft piracy.

19         Section 3.  Subsection (14) is added to section 943.03,

20  Florida Statutes, to read:

21         943.03  Department of Law Enforcement.--

22         (14)  The department, with respect to counterterrorism

23  efforts, responses to acts of terrorism within or affecting

24  this state, and other matters related to the domestic security

25  of Florida as it relates to terrorism, shall coordinate and

26  direct law enforcement, initial emergency, and other initial

27  responses. The department shall work closely with the Division

28  of Emergency Management, other federal, state, and local law

29  enforcement agencies, fire and rescue agencies, first

30  responder agencies, and others involved in preparation against

31  acts of terrorism within or affecting this state and in the

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  1  response to such acts. The executive director of the

  2  department, or another member of the department designated by

  3  the executive director, shall serve as Chief of Domestic

  4  Security Initiatives for the purpose of directing and

  5  coordinating such efforts. The department and the Chief of

  6  Domestic Security Initiatives shall use the regional domestic

  7  security task forces as established under s. 943.0312 to

  8  assist in such efforts.

  9         Section 4.  Section 943.0311, Florida Statutes, is

10  created to read:

11         943.0311  Chief of Domestic Security Initiatives;

12  duties with respect to domestic security.--

13         (1)  The executive director of the department, or a

14  member of the department designated by the executive director,

15  shall serve as the Chief of Domestic Security Initiatives.

16         (2)  The chief shall:

17         (a)  Coordinate the efforts of the department in the

18  ongoing assessment of this state's vulnerability to, and

19  ability to detect and respond to, acts of terrorism, as

20  defined by s. 775.30, within or affecting this state.

21         (b)  Prepare recommendations for the Executive Office

22  of the Governor, the President of the Senate, and the Speaker

23  of the House of Representatives that are based upon ongoing

24  assessments to limit the vulnerability of the state to

25  terrorism.

26         (c)  Coordinate the collection of proposals to limit

27  the vulnerability of the state to terrorism.

28         (d)  Use regional task forces to support the duties set

29  forth in this section.

30         (e)  Use public or private resources to perform the

31  duties assigned under this section.

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  1         (f)  Perform other duties assigned by law.

  2         (3)(a)  The chief shall conduct specific security

  3  assessments of buildings and facilities owned or leased by

  4  state agencies or local governments. All state agencies and

  5  local governments shall cooperate with the department and

  6  provide requested information and resources to assist the

  7  department in meeting its responsibilities under this section.

  8         (b)  Based upon the security assessments, the chief

  9  shall prepare recommendations to enhance the security of

10  buildings and facilities owned or leased by state agencies or

11  local governments.

12         (c)  The chief shall report to the Executive Office of

13  the Governor, the President of the Senate, and the Speaker of

14  the House of Representatives recommended minimum security

15  standards or security enhancement needs for any building or

16  facility owned or leased by a state agency or local

17  government. The report must identify and prioritize the

18  recommended security enhancements and provide recommendations

19  to maximize federal funding in support of building and

20  facility security.

21         (4)  The chief shall develop and submit to the

22  Executive Office of the Governor, the President of the Senate,

23  and the Speaker of the House of Representatives recommended

24  best practices for safety and security. The recommended best

25  practices are not a rule as defined by chapter 120. The chief

26  shall review the recommended best practices as necessary, but

27  at least once each year, and shall submit any recommended

28  changes to the Executive Office of the Governor, the President

29  of the Senate, and the Speaker of the House of

30  Representatives.

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  1         (5)  The chief may conduct specific security

  2  assessments of a building or facility owned by a private

  3  entity upon the request of that private entity. The chief may

  4  prioritize requests, and such prioritization is not agency

  5  action that is subject to review under chapter 120. The chief

  6  may solicit private entities for the purpose of receiving

  7  requests to perform security assessments of buildings or

  8  facilities. Private entities are urged to cooperate with and

  9  assist the department in meeting its responsibilities for

10  domestic security.

11         (6)  By November 1 of each year, the executive director

12  shall compile, coordinate, and prioritize recommendations and

13  proposals concerning security and shall present the

14  recommendations and proposals to the Executive Office of the

15  Governor, the President of the Senate, and the Speaker of the

16  House of Representatives. All recommendations seeking funding

17  shall be prioritized, with critical domestic security needs

18  requiring immediate or top priority funding being clearly

19  identified. Such recommendations shall include recommendations

20  to maximize federal funding in support of the state's domestic

21  security efforts.

22         Section 5.  Section 943.0312, Florida Statutes, is

23  created to read:

24         943.0312  Regional domestic security task forces.--

25         (1)  The Legislature finds that there is a need to

26  develop and implement a statewide strategy to address

27  preparation and response efforts by federal, state, and local

28  law enforcement agencies, emergency management agencies, fire

29  and rescue departments, first responder personnel, and others

30  in dealing with potential or actual terrorist acts within or

31  affecting this state.

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  1         (2)  To assist the department and the Chief of Domestic

  2  Security Initiatives in performing their roles and duties in

  3  this regard, the department shall establish a regional

  4  domestic security task force in each of its operational

  5  regions. The task forces shall serve in an advisory capacity

  6  to the department and the Chief of Domestic Security

  7  Initiatives.

  8         (a)  Subject to annual appropriation, the department

  9  shall provide dedicated employees to support the function of

10  each regional domestic security task force.

11         (b)  Each task force shall be co-chaired by the

12  regional director of the operational region in which the task

13  force is located and by a local sheriff or chief of police

14  from within the operational region.

15         (c)  Each task force may also include an available

16  representative from the Division of Emergency Management; an

17  available representative from the Department of Health; an

18  available representative of a local emergency planning

19  committee; representatives of state and local law enforcement

20  agencies, fire and rescue departments, or first responder

21  personnel; and other persons as deemed appropriate and

22  necessary by the task force co-chairs.

23         (3)  The goals of each task force shall include

24  coordinating efforts to counter terrorism, as defined by s.

25  775.30, among local, state, and federal resources to ensure

26  that such efforts are not fragmented or unnecessarily

27  duplicated; coordinating training for local and state

28  personnel to counter terrorism as defined by s. 775.30;

29  coordinating the collection and dissemination of investigative

30  and intelligence information, including promoting the

31  appropriate use of the department's domestic security and

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  1  counterterrorism database; and facilitating responses to

  2  terrorist incidents within or affecting each region. With the

  3  approval of the Chief of Domestic Security Initiatives, the

  4  task forces may incorporate other objectives reasonably

  5  related to the goals of enhancing the state's domestic

  6  security and ability to detect, prevent, and respond to acts

  7  of terrorism within or affecting this state. Each task force

  8  shall take into account the variety of conditions and

  9  resources present within its region.

10         (4)  The Chief of Domestic Security Initiatives, in

11  conjunction with the Division of Emergency Management, the

12  regional domestic security task forces, and the various state

13  entities responsible for establishing training standards

14  applicable to state law enforcement officers and fire,

15  emergency, and first responder personnel, shall identify

16  appropriate equipment and training needs, curricula, and

17  materials related to the effective response to suspected or

18  actual acts of terrorism or incidents involving real or hoax

19  weapons of mass destruction as defined by s. 790.166.

20  Recommendations for funding for purchases of equipment,

21  delivery of training, implementation or revision of basic or

22  continued training required for state licensure or

23  certification, or other related responses shall be made by the

24  Chief of Domestic Security Initiatives to the Executive Office

25  of the Governor, the President of the Senate, and the Speaker

26  of the House of Representatives as necessary to ensure that

27  the needs of this state with regard to the equipping,

28  outfitting, and training of response personnel are identified

29  and addressed. In making such recommendations, the Chief of

30  Domestic Security Initiatives and the Division of Emergency

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  1  Management shall identify all funding sources that may be

  2  available to fund such equipping, outfitting, and training.

  3         (5)  Each regional domestic security task force,

  4  working in conjunction with the department, the Office of the

  5  Attorney General, and other public or private entities, shall

  6  work to ensure that hate-driven acts against ethnic groups

  7  that may have been targeted as a result of acts of terrorism

  8  within or affecting this state are appropriately investigated

  9  and responded to.

10         (6)  Members of each regional domestic security task

11  force may not receive any pay other than their salaries

12  normally received from their employers but are entitled to

13  reimbursement for per diem and travel expenses in accordance

14  with s. 112.061.

15         (7)  Subject to annual appropriation, the Department of

16  Law Enforcement shall provide staff and administrative support

17  for the regional domestic security task forces.

18         Section 6.  Section 943.0321, Florida Statutes, is

19  created to read:

20         943.0321  The Florida Domestic Security and

21  Counterterrorism Intelligence Center and the Florida Domestic

22  Security and Counterterrorism Database.--

23         (1)(a)  There is created within the Department of Law

24  Enforcement the Florida Domestic Security and Counterterrorism

25  Intelligence Center.

26         (b)  The Florida Domestic Security and Counterterrorism

27  Database is created within the Florida Domestic Security and

28  Counterterrorism Intelligence Center.

29         (2)  The intelligence center shall:

30         (a)  Gather, document, and analyze active criminal

31  intelligence and criminal investigative information related to

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  1  terrorism, as defined by s. 775.30, including information

  2  related to individuals or groups that plot, plan, or

  3  coordinate acts of terrorism, as defined by s. 775.30, and

  4  that operate within this state or otherwise commit acts

  5  affecting this state.

  6         (b)  Maintain and operate the database.

  7         (c)  Provide support and assistance to federal, state,

  8  and local law enforcement agencies and prosecutors that

  9  investigate or prosecute terrorism, as defined by s. 775.30.

10         (3)(a)  The database shall include active criminal

11  intelligence information and active criminal investigative

12  information submitted by federal, state, or local law

13  enforcement agencies and prosecutors and information that is

14  available from other law enforcement databases.

15         (b)  The database shall be capable of performing data

16  review and processing that may reveal patterns, trends, and

17  correlations indicative of potential or actual terrorism

18  activity within or affecting this state.

19         (c)  The department shall establish methods and

20  parameters by which information and data are transferred to

21  the department for inclusion in the database. Information

22  developed in or through the use of the database shall be made

23  available to federal, state, and local law enforcement

24  agencies and prosecutors in a manner defined by the department

25  and as allowed by state or federal law or rule.

26         (4)(a)  Information that is exempt from public

27  disclosure under chapter 119 when in the possession of the

28  intelligence center retains its exemption from public

29  disclosure after such information is revealed to a federal,

30  state, or local law enforcement agency or prosecutor, except

31  as otherwise provided by law.

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  1         (b)  Information obtained by the intelligence center

  2  from a federal, state, or local law enforcement agency or

  3  prosecutor which is exempt from public disclosure under state

  4  or federal law when in the possession of a federal, state, or

  5  local law enforcement agency or prosecutor retains its

  6  exemption from public disclosure after such information is

  7  revealed to the intelligence center, except as otherwise

  8  provided by law.

  9         Section 7.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          HOUSE SUMMARY

14
      Provides legislative findings with respect to initial
15    responses to acts of terrorism and counterterrorism
      efforts. Defines "terrorism." Specifies the duties of the
16    Department of Law Enforcement with regard to
      counterterrorism efforts, responses to acts of terrorism,
17    and other domestic security matters related to terrorism.
      Provides for a Chief of Domestic Security Initiatives
18    within the department. Provides for building and facility
      security assessments and for security recommendations.
19    Provides for a regional domestic security task force in
      each of the department's operational regions. Provides
20    goals and objectives. Provides for identification of
      equipment and training needs and for funding
21    recommendations. Provides duties with respect to
      hate-driven acts resulting from acts of terrorism.
22    Creates a Florida Domestic Security and Counterterrorism
      Intelligence Center within the department and provides
23    its duties, and a Florida Domestic Security and
      Counterterrorism Database within the center and provides
24    for its contents and use.

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