HB 1829 2003
1	A bill to be entitled
2	An act relating to the Chief of Domestic Security
3	Initiatives; amending s. 943.0311, F.S.; providing that
4	costs of conducting security assessments of buildings and
5	facilities owned or occupied by a state agency or agencies
6	shall be borne by the agency or agencies owning or
7	occupying the building or facility being assessed;
8	requiring completion of initial assessments of all
9	buildings and facilities owned or leased by a state agency
10	by a specified date; providing for subsequent security
11	assessments; requiring the Chief of Domestic Security
12	Initiatives to promote security assessments of buildings
13	and facilities owned or leased by local governments;
14	providing that costs of security assessments of local
15	government buildings and facilities shall be borne by the
16	local government; authorizing the chief to provide a
17	report based upon information obtained from security
18	assessments of state buildings; requiring the chief to
19	develop recommended best practices for safety and security
20	of buildings owned or leased by state agencies and local
21	governments; authorizing the chief to revise or enhance
22	best practices; providing that best practices and a list
23	of entities qualified to perform security assessments be
24	made available to specified entities; requiring the
25	distribution of best practices to specified officials;
26	providing for payment of costs of conducting a security
27	assessment requested by a private entity; providing that
28	security assessments and specified related information,
29	best practices, and reports of the chief are within the
30	definitions of “threat assessment” and “threat response
31	plan” and are, as such, confidential and exempt from
32	public records requirements; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. Section 943.0311, Florida Statutes, is amended
37	to read:
38	943.0311 Chief of Domestic Security Initiatives;and the
39	department's duties of the departmentwith respect to domestic
40	security.--The executive director of the department, or a member
41	of the department designated by the executive director, shall
42	serve as the Chief of Domestic Security Initiatives.
43	(1) The Chief of Domestic Security Initiatives shall:
44	(a) Coordinate the efforts of the department in the
45	ongoing assessment of this state's vulnerability to, and ability
46	to detect and respond to, acts of terrorism, as defined in s.
47	775.30, within or affecting this state.
48	(b) Prepare recommendations for the Executive Office of
49	the Governor, the President of the Senate, and the Speaker of
50	the House of Representatives which are based upon ongoing
51	assessments to limit the vulnerability of the state to
52	terrorism.
53	(c) Coordinate the collection of proposals to limit the
54	vulnerability of the state to terrorism.
55	(d) Use regional task forces to support the duties of the
56	department set forth in this section.
57	(e) Use public or private resources to perform the duties
58	assigned to the department under this section.
59	(f) Perform other duties assigned by law.
60	(2)(a) The chief shall conduct or cause to be conducted
61	specific security assessments of buildings and facilities owned
62	or leased by state agencies or local governments. All state
63	agencies and local governmentsshall cooperate with the
64	department and provide requested information and resources to
65	assist the department in meeting its responsibilities under this
66	section. Costs of conducting a security assessment shall be
67	borne by the state agency or agencies that own or occupy the
68	building or facility being assessed. The initial assessment of
69	each building or facility owned or leased by a state agency or
70	agencies shall be completed no later than December 1, 2003.
71	After completion of the initial assessment, the chief shall
72	ensure that followup assessments are conducted to ensure that
73	the security assessment of buildings and facilities owned or
74	leased by state agencies remains reasonably current and valid.
75	(b) The chief shall promote the conducting of security
76	assessments of buildings and facilities owned or leased by local
77	governments and agencies thereof by communicating to local
78	governments the importance of such assessments and the options
79	local governments should consider in obtaining such assessments.
80	Upon the request of a local government, the chief may suggest
81	entities known to the chief as being qualified to provide
82	meaningful building and facility security assessments. The cost
83	of any security assessment of a building or facility owned or
84	leased by a local government shall be borne by the local
85	government.
86	(c)(b) Based upon the information obtained from state
87	agencysecurity assessments, the chief shall prepare
88	recommendations to enhance the security of buildings and
89	facilities owned or leased by state agencies or local
90	governments.
91	(d)(c)Based upon information obtained from security
92	assessments of state buildings and facilities, the chief may
93	shall report to the Executive Office of theGovernor, the
94	President of the Senate, and the Speaker of the House of
95	Representatives and provide prioritized suggestions for security
96	enhancement ofrecommended minimum security standards or
97	security-enhancement needs forany building or facility owned or
98	leased by a state agency or local government. The report may
99	must identify and prioritize the recommended security
100	enhancements andprovide recommendations to maximize federal
101	funding in support of building and facility security.
102	(3) The chief shall develop and submit to the Executive
103	Office of the Governor, the President of the Senate, and the
104	Speaker of the House of Representativesrecommended best
105	practices for safety and security of buildings owned or leased
106	by state agencies and local governments. To promote the
107	continued safety of government facilities within the state, the
108	best practices may be revised or enhanced by the chief as
109	necessary. The recommended best practices are not a rule as
110	defined in chapter 120. Upon request, the best practices shall
111	be made available to the head of a state agency that owns or
112	occupies any building or facility in the state and to the chief
113	administrator of any local government. A copy of the current
114	recommended best practices shall be provided to the Governor,
115	the President of the Senate, and the Speaker of the House of
116	Representatives. The chief may make the best practices available
117	to other entities if their disclosure promotes public safety.
118	Any security assessment, or suggestion or prioritization with
119	respect thereto, or best practices prepared or developed under
120	this section constitutes a threat assessment as that term is
121	used in s. 119.071The chief shall review the recommended best
122	practices as necessary, but at least once each year, and shall
123	submit any recommended changes to the Executive Office of the
124	Governor, the President of the Senate, and the Speaker of the
125	House of Representatives.
126	(4) The chief may identify entities qualified to perform
127	security assessments of buildings or facilities and may make a
128	list of those entities available to state or local entities
129	seeking to conduct security assessments. In addition,the chief
130	may make the list available to anyconduct specific security
131	assessments of a building or facility owned by a private entity
132	upon the request of that private entity seeking to conduct a
133	security assessment. All costs of a security assessment by a
134	private entity shall be borne by the private entity having the
135	assessment performed. The chief may prioritize requests, and
136	such prioritization is not agency action that is subject to
137	review under chapter 120. The chief may solicit private entities
138	for the purpose of receiving requests to perform security
139	assessments of buildings or facilities. Private entities are
140	urged to cooperate with and assist the department in meeting its
141	responsibilities for domestic security.
142	(5) By November 1 of each year, the executive director
143	shall compile, coordinate, and prioritize recommendations and
144	proposals concerning security and shall present the
145	recommendations and proposals to the Executive Office of the
146	Governor, the President of the Senate, and the Speaker of the
147	House of Representatives. All recommendations seeking funding
148	shall be prioritized, with critical domestic security needs
149	requiring immediate or top-priority funding being clearly
150	identified. Such recommendations shall include recommendations
151	to maximize federal funding in support of the state's domestic-
152	security efforts. The report of the Chief of Domestic Security
153	Initiatives prepared under this section is a threat assessment
154	and threat response plan as those terms are used in s. 119.071.
155	Section 2. This act shall take effect upon becoming a law.