HB 1771

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 for
4	security assessments of all buildings, facilities, and
5	structures owned or occupied by state agencies, state
6	universities, and community colleges, by the employees and
7	within existing resources of such state agencies, state
8	universities, or community colleges; requiring completion
9	of initial security assessments by a specified date;
10	providing for subsequent security assessments; providing
11	for reports; requiring the chief to communicate to local
12	governments and water management districts regarding
13	security assessments of buildings and facilities;
14	providing that costs of security assessments of local
15	government buildings and facilities shall be borne by the
16	local government or water management district; reenacting
17	s. 332.14(7)(b), F.S., relating to the Secure Airports for
18	Florida's Economy Act, for the purpose of incorporating
19	the amendment to s. 943.0311, F.S., in a reference
20	thereto; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 943.0311, Florida Statutes, is amended
25	to read:
26	943.0311  Chief of Domestic Security Initiatives; and the
27	department's duties of the department with respect to domestic
28	security.--
29	(1)  The executive director of the department, or a member
30	of the department designated by the executive director, shall
31	serve as the Chief of Domestic Security Initiatives.
32	(1)  The Chief of Domestic Security Initiatives shall:
33	(a)  Coordinate the efforts of the department in the
34	ongoing assessment of this state's vulnerability to, and ability
35	to detect and respond to, acts of terrorism, as defined in s.
36	775.30, within or affecting this state.
37	(b)  Prepare recommendations for the Executive Office of
38	the Governor, the President of the Senate, and the Speaker of
39	the House of Representatives which are based upon ongoing
40	assessments to limit the vulnerability of the state to
41	terrorism.
42	(c)  Coordinate the collection of proposals to limit the
43	vulnerability of the state to terrorism.
44	(d)  Use regional task forces to support the duties of the
45	department set forth in this section.
46	(e)  Use public or private resources to perform the duties
47	assigned to the department under this section.
48	(f)  Perform other duties assigned by law.
49	(2)(a)  The chief shall conduct or cause to be conducted by
50	the personnel and with resources of the state agency, state
51	university, or community college that owns or leases a building,
52	facility, or structure, specific security assessments of
53	buildings, and facilities, and structures owned or leased by
54	state agencies, state universities, and community colleges. Each
55	state agency, state university, and community college or local
56	governments. All state agencies and local governments shall
57	cooperate with the department and provide the assistance of
58	employees within existing resources to provide to the chief
59	information in the format requested by the chief. The chief must
60	report to the Governor, the President of the Senate, and the
61	Speaker of the House of Representatives if any state agency,
62	state university, or community college substantially fails to
63	cooperate with the chief in making a security assessment of the
64	buildings, facilities, and structures of the state agency, state
65	university, or community college.
66	(a)  The initial assessment of each building, facility, or
67	structure owned or leased by a state agency, state university,
68	or community college shall be completed by the state agency,
69	state university, or community college and shall be provided to
70	the chief no later than November 1, 2004.
71	(b)  The chief may request followup assessments to ensure
72	that the security assessments of buildings, facilities, and
73	structures owned or leased by state agencies, state
74	universities, and community colleges remain reasonably current
75	and valid. requested information and resources to assist the
76	department in meeting its responsibilities under this section.
77	(b)  Based upon the security assessments, the chief shall
78	prepare recommendations to enhance the security of buildings and
79	facilities owned or leased by state agencies or local
80	governments.
81	(3)(c)  The chief shall report to the Executive Office of
82	the Governor, the President of the Senate, and the Speaker of
83	the House of Representatives by November 1 of each year
84	prioritized suggestions for specific security enhancement of
85	recommended minimum security standards or security-enhancement
86	needs for any building, or facility, or structure owned or
87	leased by a state agency, state university, or community college
88	or local government. The report must identify and prioritize the
89	recommended security enhancements and provide recommendations to
90	maximize federal funding in support of building and facility
91	security.
92	(4)(3)  The chief shall report develop and submit to the
93	Executive Office of the Governor, the President of the Senate,
94	and the Speaker of the House of Representatives recommended best
95	practices for safety and security of buildings, facilities, and
96	structures owned or leased by state agencies, state
97	universities, community colleges, and local governments. To
98	promote the continued safety of government buildings,
99	facilities, and structures within the state, the best practices
100	may be revised or enhanced by the chief as necessary. The
101	recommended best practices are not a rule as defined in chapter
102	120.
103	(5)  The chief shall communicate to local governments and
104	water management districts the importance of conducting security
105	assessments of buildings, facilities, and structures owned or
106	leased by such local governments or water management districts,
107	and the options local governments and water management districts
108	should consider in obtaining security assessments. The cost of
109	any security assessment of a building, facility, or structure
110	owned or leased by a local government or water management
111	district shall be borne by the local government or water
112	management district, as applicable. The chief shall review the
113	recommended best practices as necessary, but at least once each
114	year, and shall submit any recommended changes to the Executive
115	Office of the Governor, the President of the Senate, and the
116	Speaker of the House of Representatives.
117	(6)(4)  The chief may communicate to private entities the
118	options private entities should consider in obtaining security
119	assessments and may solicit private entities for the purpose of
120	communicating such options. The cost of any security assessment
121	of a private entity shall be borne by the private entity. The
122	chief may conduct specific security assessments of a building or
123	facility owned by a private entity upon the request of that
124	private entity. The chief may prioritize requests, and such
125	prioritization is not agency action that is subject to review
126	under chapter 120. The chief may solicit private entities for
127	the purpose of receiving requests to perform security
128	assessments of buildings or facilities. Private entities are
129	urged to cooperate with and assist the department in meeting its
130	responsibilities for domestic security.
131	(5)  By November 1 of each year, the executive director
132	shall compile, coordinate, and prioritize recommendations and
133	proposals concerning security and shall present the
134	recommendations and proposals to the Executive Office of the
135	Governor, the President of the Senate, and the Speaker of the
136	House of Representatives. All recommendations seeking funding
137	shall be prioritized, with critical domestic security needs
138	requiring immediate or top-priority funding being clearly
139	identified. Such recommendations shall include recommendations
140	to maximize federal funding in support of the state's domestic-
141	security efforts.
142
143	For purposes of this section, the term "state agency" means the
144	following: the Agency for Health Care Administration, the Agency
145	for Workforce Innovation, the Department of Agriculture and
146	Consumer Services, the Department of Business and Professional
147	Regulation, the Department of Children and Family Services, the
148	Department of Citrus, the Department of Community Affairs, the
149	Department of Corrections, the Department of Education, the
150	Department of Elderly Affairs, the Department of Environmental
151	Protection, the Department of Financial Services, the Department
152	of Health, the Department of Highway Safety and Motor Vehicles,
153	the Department of Juvenile Justice, the Department of Law
154	Enforcement, the Department of Legal Affairs, the Department of
155	Management Services, the Department of Military Affairs, the
156	Department of Revenue, the Department of State, the Department
157	of the Lottery, the Department of Transportation, the Department
158	of Veterans' Affairs, the Fish and Wildlife Conservation
159	Commission, the Parole Commission, the State Board of
160	Administration, or the Executive Office of the Governor.
161	Section 2.  For the purpose of incorporating the amendment
162	to section 943.0311, Florida Statutes, in a reference thereto,
163	paragraph (b) of subsection (7) of section 332.14, Florida
164	Statutes, is reenacted to read:
165	332.14  Secure Airports for Florida's Economy Council.--
166	(7)  The SAFE council may utilize, as appropriate and with
167	legislative spending authorization, any federal, state, and
168	local government contributions as well as private donations to
169	fund SAFE Master Plan projects.
170	(b)  The council shall review and approve or disapprove
171	each project eligible to be funded pursuant to this act. The
172	council shall annually submit a list of projects which have been
173	approved by the council to the Secretary of Transportation, the
174	Secretary of Community Affairs, the executive director of the
175	Department of Law Enforcement, and the director of the Office of
176	Tourism, Trade, and Economic Development. The list shall specify
177	the recommended funding level for each project, and, if staged
178	implementation of the project is appropriate, the funding
179	requirements for each stage shall be specified.
180	1.  The Department of Community Affairs shall review the
181	list of projects approved by the council to determine
182	consistency with approved local government comprehensive plans
183	of the units of local government in which the airport is located
184	and consistency with the airport master plan. The Department of
185	Community Affairs shall identify and notify the council of those
186	projects which are not consistent, to the maximum extent
187	feasible, with such comprehensive plans and airport master
188	plans.
189	2.  The Department of Transportation shall review the list
190	of projects approved by the council for consistency with the
191	Florida Transportation Plan and the department's adopted work
192	program. In evaluating the consistency of a project, the
193	department shall determine whether the transportation impact of
194	the proposed project is adequately handled by existing state-
195	owned transportation facilities or by the construction of
196	additional state-owned transportation facilities as identified
197	in the Florida Transportation Plan and the department's adopted
198	work program. In reviewing for consistency a transportation
199	facility project as defined in s. 334.03(31) which is not
200	otherwise part of the department's work program, the department
201	shall evaluate whether the project is needed to provide for
202	projected movement of cargo or passengers from the airport to a
203	state transportation facility or local road. If the project is
204	needed to provide for projected movement of cargo or passengers,
205	the project shall be approved for consistency as a consideration
206	to facilitate the economic development and growth of the state
207	in a timely manner. The department shall identify those projects
208	which are inconsistent with the Florida Transportation Plan and
209	the adopted work program and shall notify the council of
210	projects found to be inconsistent.
211	3.  The Office of Tourism, Trade, and Economic Development,
212	in consultation with Enterprise Florida, Inc., shall review the
213	list of projects approved by the council to evaluate the
214	economic benefit of the project and to determine whether the
215	project is consistent with the SAFE Master Plan. The Office of
216	Tourism, Trade, and Economic Development shall review the
217	economic benefits of each project based upon the rules adopted
218	pursuant to paragraph (a). The Office of Tourism, Trade, and
219	Economic Development shall identify those projects which it has
220	determined do not offer an economic benefit to the state or are
221	not consistent with the SAFE Master Plan and shall notify the
222	council of its findings.
223	4.  The Department of Law Enforcement shall review the list
224	of projects approved by the council for consistency with
225	domestic security provisions of ss. 943.03101, 943.0311, and
226	943.0312. The Department of Law Enforcement shall identify those
227	projects that it has determined are inconsistent with the
228	state's strategic plan for domestic security and shall notify
229	the council of its findings.
230	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.