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
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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.
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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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