| 1 | A bill to be entitled |
| 2 | An act relating to domestic security; amending s. |
| 3 | 943.03101, F.S.; providing that counter-terrorism |
| 4 | coordination must be conducted in accordance with the |
| 5 | state comprehensive emergency management plan; amending |
| 6 | ss. 943.03 and 943.0311, F.S.; changing the title of the |
| 7 | position "Chief of Domestic Security Initiatives" to |
| 8 | "Chief of Domestic Security"; revising references to |
| 9 | conform; clarifying duties of the Chief of Domestic |
| 10 | Security; revising provisions relating to required |
| 11 | security assessments of buildings, facilities, and |
| 12 | structures owned or leased by state agencies, state |
| 13 | universities, and community colleges; requiring certain |
| 14 | assessments to be provided to the Chief of Domestic |
| 15 | Security within a specified timeframe; revising |
| 16 | requirements with respect to a report by the Chief of |
| 17 | Domestic Security regarding suggestions for security |
| 18 | enhancements; revising provisions with respect to the |
| 19 | recommendation, development, and implementation of best |
| 20 | practices for the safety and security of specified |
| 21 | buildings, facilities, and structures; amending s. |
| 22 | 943.0312, F.S.; revising provisions with respect to |
| 23 | regional domestic security task forces; conforming |
| 24 | language; providing an additional duty of the task forces; |
| 25 | revising the organization and membership of the task |
| 26 | forces; providing editorial changes; requiring the task |
| 27 | forces to make specified recommendations to the Domestic |
| 28 | Security Oversight Council; creating s. 943.0313, F.S.; |
| 29 | creating the Domestic Security Oversight Council; |
| 30 | providing purpose of the council; providing for membership |
| 31 | of the council; providing for organization, meetings, |
| 32 | staffing, and duties of the council; providing for the |
| 33 | establishment of an executive committee and membership |
| 34 | thereof; providing duties of the executive committee; |
| 35 | requiring annual reports to the Governor and Legislature; |
| 36 | providing that the council is a criminal justice agency |
| 37 | for the purposes of ch. 119, F.S.; amending s. 381.00315, |
| 38 | F.S., to conform; providing an effective date. |
| 39 |
|
| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
|
| 42 | Section 1. Section 943.03101, Florida Statutes, is amended |
| 43 | to read: |
| 44 | 943.03101 Counter-terrorism coordination.--The Legislature |
| 45 | finds that with respect to counter-terrorism efforts and initial |
| 46 | responses to acts of terrorism within or affecting this state, |
| 47 | specialized efforts of emergency management that are unique to |
| 48 | such situations are required and that these efforts |
| 49 | intrinsically involve very close coordination of federal, state, |
| 50 | and local law enforcement agencies with the efforts of all |
| 51 | others involved in emergency-response efforts. In order to best |
| 52 | provide this specialized effort with respect to counter- |
| 53 | terrorism efforts and responses, the Legislature has determined |
| 54 | that such efforts should be coordinated by and through the |
| 55 | Department of Law Enforcement, working closely with the Division |
| 56 | of Emergency Management and others involved in preparation |
| 57 | against acts of terrorism in or affecting this state, and in the |
| 58 | initial response to such acts, in accordance with the state |
| 59 | comprehensive emergency management plan prepared pursuant to s. |
| 60 | 252.35(2)(a). |
| 61 | Section 2. Subsection (14) of section 943.03, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 943.03 Department of Law Enforcement.-- |
| 64 | (14) The department, with respect to counter-terrorism |
| 65 | efforts, responses to acts of terrorism within or affecting this |
| 66 | state, and other matters related to the domestic security of |
| 67 | Florida as it relates to terrorism, shall coordinate and direct |
| 68 | the law enforcement, initial emergency, and other initial |
| 69 | responses. The department shall work closely with the Division |
| 70 | of Emergency Management, other federal, state, and local law |
| 71 | enforcement agencies, fire and rescue agencies, first-responder |
| 72 | agencies, and others involved in preparation against acts of |
| 73 | terrorism in or affecting this state and in the response to such |
| 74 | acts. The executive director of the department, or another |
| 75 | member of the department designated by the director, shall serve |
| 76 | as Chief of Domestic Security Initiatives for the purpose of |
| 77 | directing and coordinating such efforts. The department and |
| 78 | Chief of Domestic Security Initiatives shall use the regional |
| 79 | domestic security task forces as established in this chapter to |
| 80 | assist in such efforts. |
| 81 | Section 3. Subsections (1), (2), (3), and (4) of section |
| 82 | 943.0311, Florida Statutes, are amended to read: |
| 83 | 943.0311 Chief of Domestic Security Initiatives; duties of |
| 84 | the department with respect to domestic security.-- |
| 85 | (1) The executive director of the department, or a member |
| 86 | of the department designated by the executive director, shall |
| 87 | serve as the Chief of Domestic Security Initiatives. The Chief |
| 88 | of Domestic Security Initiatives shall: |
| 89 | (a) Coordinate the efforts of the department in the |
| 90 | ongoing assessment of this state's vulnerability to, and ability |
| 91 | to detect, prevent, prepare for, and respond to, and recover |
| 92 | from acts of terrorism within or affecting this state. |
| 93 | (b) Prepare recommendations for the Governor, the |
| 94 | President of the Senate, and the Speaker of the House of |
| 95 | Representatives, which are based upon ongoing assessments to |
| 96 | limit the vulnerability of the state to terrorism. |
| 97 | (c) Coordinate the collection of proposals to limit the |
| 98 | vulnerability of the state to terrorism. |
| 99 | (d) Use regional task forces to support the duties of the |
| 100 | department set forth in this section. |
| 101 | (e) Use public or private resources to perform the duties |
| 102 | assigned to the department under this section. |
| 103 | (2) The chief shall conduct or cause to be conducted by |
| 104 | the personnel and with the resources of the state agency, state |
| 105 | university, or community college that owns or leases a building, |
| 106 | facility, or structure, security assessments of buildings, |
| 107 | facilities, and structures owned or leased by state agencies, |
| 108 | state universities, and community colleges using methods and |
| 109 | instruments made available by the department. Each entity making |
| 110 | such an assessment shall prioritize its security needs based on |
| 111 | the findings of its assessment. Each state agency, state |
| 112 | university, and community college shall cooperate with the |
| 113 | department and provide the assistance of employees within |
| 114 | existing resources to provide to the chief information in the |
| 115 | format requested by the chief. The chief must report to the |
| 116 | Governor, the President of the Senate, and the Speaker of the |
| 117 | House of Representatives if any state agency, state university, |
| 118 | or community college substantially fails to cooperate with the |
| 119 | chief in making a security assessment of the buildings, |
| 120 | facilities, and structures of the state agency, state |
| 121 | university, or community college. |
| 122 | (a) The initial assessment of each building, facility, or |
| 123 | structure owned or leased by a state agency, state university, |
| 124 | or community college shall be completed by the state agency, |
| 125 | state university, or community college and shall be provided to |
| 126 | the chief no later than November 1, 2004. |
| 127 | (b) Assessments of any building, facility, or structure |
| 128 | owned or leased by a state agency, state university, or |
| 129 | community college not previously provided to the chief under |
| 130 | subsection (a) must be completed by the state agency, state |
| 131 | university, or community college and provided to the chief |
| 132 | within 6 months after occupying or substantially modifying such |
| 133 | building, facility, or structure. The chief may request |
| 134 | additional followup assessments to ensure that the security |
| 135 | assessments of buildings, facilities, and structures, owned or |
| 136 | leased by state agencies, state universities, and community |
| 137 | colleges, remain reasonably current and valid. |
| 138 | (3) The chief shall report to the Governor, the President |
| 139 | of the Senate, and the Speaker of the House of Representatives |
| 140 | by November 1 of each year prioritized suggestions for specific |
| 141 | security enhancements enhancement of any building, facility, or |
| 142 | structure owned or leased by a state agency, state university, |
| 143 | or community college or any entity that has conducted an |
| 144 | assessment under subsection (5). The chief may utilize the |
| 145 | assessments provided under subsection (5) in making his or her |
| 146 | suggestions. The report shall suggest strategies to maximize |
| 147 | federal funds in support of building or facility security if |
| 148 | such funds are available must identify and prioritize the |
| 149 | recommended security enhancements and provide recommendations to |
| 150 | maximize federal funding in support of building and facility |
| 151 | security. |
| 152 | (4) To promote the continued safety of government |
| 153 | buildings, facilities, and structures within the state, the |
| 154 | chief shall work in conjunction with state agencies, state |
| 155 | universities, community colleges, and local governments to |
| 156 | recommend report to the Governor, the President of the Senate, |
| 157 | and the Speaker of the House of Representatives recommended and |
| 158 | implement best practices for safety and security of buildings, |
| 159 | facilities, and structures owned or leased by state agencies, |
| 160 | state universities, community colleges, and local governments. |
| 161 | The chief may enlist the assistance of the State Fire Marshal |
| 162 | and other domestic security partners in developing the |
| 163 | recommended best practices. To promote the continued safety of |
| 164 | government buildings, facilities, and structures within the |
| 165 | state, the Best practices may be revised or enhanced by the |
| 166 | chief as necessary. The recommended best practices are not a |
| 167 | rule as defined in chapter 120. |
| 168 | (5) The chief shall communicate to local governments and |
| 169 | water management districts the importance of conducting security |
| 170 | assessments of buildings, facilities, and structures owned or |
| 171 | leased by such local governments or water management districts, |
| 172 | and the options local governments and water management districts |
| 173 | should consider in obtaining security assessments. The cost of |
| 174 | any security assessment of a building, facility, or structure |
| 175 | owned or leased by a local government or water management |
| 176 | district shall be borne by the local government or water |
| 177 | management district, as applicable. |
| 178 | Section 4. Section 943.0312, Florida Statutes, is amended |
| 179 | to read: |
| 180 | 943.0312 Regional domestic security task forces.--The |
| 181 | Legislature finds that there is a need to develop and implement |
| 182 | a statewide strategy to address prevention, preparation, |
| 183 | protection, and response, and recovery efforts by federal, |
| 184 | state, and local law enforcement agencies, emergency management |
| 185 | agencies, fire and rescue departments, first-responder personnel |
| 186 | and others in dealing with potential or actual terrorist acts |
| 187 | within or affecting this state. |
| 188 | (1) To assist the department and the Chief of Domestic |
| 189 | Security Initiatives in performing their roles and duties in |
| 190 | this regard, the department shall establish a regional domestic |
| 191 | security task force in each of the department's operational |
| 192 | regions. The task forces shall serve in an advisory capacity to |
| 193 | the department and the Chief of Domestic Security and shall |
| 194 | provide support to the department in its performance of |
| 195 | functions pertaining to domestic security Initiatives. |
| 196 | (a) Subject to annual appropriation, the department shall |
| 197 | provide dedicated employees to support the function of each |
| 198 | regional domestic security task force. |
| 199 | (b) Each task force shall be co-chaired by the |
| 200 | department's special agent in charge regional director of the |
| 201 | operational region in which the task force is located and by a |
| 202 | local sheriff or chief of police from within the operational |
| 203 | region. |
| 204 | (c) Each task force membership may also include |
| 205 | representatives of state and local law enforcement agencies, |
| 206 | fire and rescue departments, or first-responder personnel; |
| 207 | representatives of emergency management agencies and health, |
| 208 | medical, and hospital agencies; representatives an available |
| 209 | representative from the Division of Emergency Management; an |
| 210 | available representative from the Department of Health; an |
| 211 | available representative of a local emergency planning |
| 212 | committees committee; representatives of state and local law |
| 213 | enforcement agencies, fire and rescue departments, or first- |
| 214 | responder personnel; and other persons as deemed appropriate and |
| 215 | necessary by the task force co-chairs. |
| 216 | (d) The co-chairs of each task force may appoint |
| 217 | subcommittees and subcommittee chairs as necessary in order to |
| 218 | address issues related to the various disciplines represented on |
| 219 | the task force, except that subcommittee chairs for emergency |
| 220 | management shall be appointed with the approval of the director |
| 221 | of the Division of Emergency Management. A subcommittee chair |
| 222 | shall serve at the pleasure of the co-chairs. |
| 223 | (2) In accordance with the state's domestic security |
| 224 | strategic goals and objectives, The goals of each task force |
| 225 | shall coordinate include coordinating efforts to counter |
| 226 | terrorism, as defined by s. 775.30, among local, state, and |
| 227 | federal resources to ensure that such efforts are not fragmented |
| 228 | or unnecessarily duplicated; coordinate coordinating training |
| 229 | for local and state personnel to counter terrorism as defined by |
| 230 | s. 775.30; coordinate coordinating the collection and |
| 231 | dissemination of investigative and intelligence information; and |
| 232 | facilitate facilitating responses to terrorist incidents within |
| 233 | or affecting each region. With the approval of the Chief of |
| 234 | Domestic Security Initiatives, the task forces may incorporate |
| 235 | other objectives reasonably related to the goals of enhancing |
| 236 | the state's domestic security and ability to detect, prevent, |
| 237 | and respond to acts of terrorism within or affecting this state. |
| 238 | Each task force shall take into account the variety of |
| 239 | conditions and resources present within its region. |
| 240 | (3) The Chief of Domestic Security Initiatives, in |
| 241 | conjunction with the Division of Emergency Management, the |
| 242 | regional domestic security task forces, and the various state |
| 243 | entities responsible for establishing training standards |
| 244 | applicable to state law enforcement officers and fire, |
| 245 | emergency, and first-responder personnel shall identify |
| 246 | appropriate equipment and training needs, curricula, and |
| 247 | materials related to the effective response to suspected or |
| 248 | actual acts of terrorism or incidents involving real or hoax |
| 249 | weapons of mass destruction as defined in s. 790.166. |
| 250 | Recommendations for funding for purchases of equipment, delivery |
| 251 | of training, implementation of, or revision to basic or |
| 252 | continued training required for state licensure or |
| 253 | certification, or other related responses shall be made by the |
| 254 | Chief of Domestic Security Initiatives to the Domestic Security |
| 255 | Oversight Council, the Executive Office of the Governor, the |
| 256 | President of the Senate, and the Speaker of the House of |
| 257 | Representatives as necessary to ensure assure that the needs of |
| 258 | this state with regard to the preparing, equipping, outfitting, |
| 259 | and training, and exercising of response personnel are |
| 260 | identified and addressed. In making such recommendations, the |
| 261 | Chief of Domestic Security Initiatives and the Division of |
| 262 | Emergency Management shall identify all funding sources that may |
| 263 | be available to fund such efforts equipping, outfitting, and |
| 264 | training. |
| 265 | (4) Each regional domestic security task force, working in |
| 266 | conjunction with the department, the Office of the Attorney |
| 267 | General, and other public or private entities, shall work to |
| 268 | ensure that hate-driven acts against ethnic groups that may have |
| 269 | been targeted as a result of acts of terrorism in or affecting |
| 270 | this state are appropriately investigated and responded to. |
| 271 | (5) Members of each regional domestic security task force |
| 272 | may not receive any pay other than their salaries normally |
| 273 | received from their employers, but are entitled to reimbursement |
| 274 | for per diem and travel expenses in accordance with s. 112.061. |
| 275 | (6) Subject to annual appropriation, the department of Law |
| 276 | Enforcement shall provide staff and administrative support for |
| 277 | the regional domestic security task forces. |
| 278 | Section 5. Section 943.0313, Florida Statutes, is created |
| 279 | to read: |
| 280 | 943.0313 Domestic Security Oversight Council.--The |
| 281 | Legislature finds that there exists a need to provide executive |
| 282 | direction and leadership with respect to terrorism prevention, |
| 283 | preparation, protection, response, and recovery efforts by state |
| 284 | and local agencies in this state. In recognition of this need, |
| 285 | the Domestic Security Oversight Council is hereby created. The |
| 286 | council shall serve as an advisory council pursuant to s. |
| 287 | 20.03(7) to provide guidance to the state's regional domestic |
| 288 | security task forces and other domestic security working groups |
| 289 | and to make recommendations to the Governor and the Legislature |
| 290 | regarding the expenditure of funds and allocation of resources |
| 291 | related to counter-terrorism and domestic security efforts. |
| 292 | (1) MEMBERSHIP.-- |
| 293 | (a) The Domestic Security Oversight Council shall consist |
| 294 | of the following voting members: |
| 295 | 1. The executive director of the Department of Law |
| 296 | Enforcement. |
| 297 | 2. The director of the Division of Emergency Management. |
| 298 | 3. The Attorney General. |
| 299 | 4. The Commissioner of Agriculture. |
| 300 | 5. The Secretary of Health. |
| 301 | 7. The Commissioner of Education. |
| 302 | 7. The State Fire Marshal. |
| 303 | 8. The adjutant general of the Florida National Guard. |
| 304 | 9. The chief information officer of the State Technology |
| 305 | Office. |
| 306 | 10. Each sheriff or chief of police who serves as a co- |
| 307 | chair of a regional domestic security task force. |
| 308 | 11. Each of the department's special agents in charge who |
| 309 | serve as a co-chair of a regional domestic security task force. |
| 310 | 12. Two representatives of the Florida Fire Chiefs |
| 311 | Association. |
| 312 | 13. One representative of the Florida Police Chiefs |
| 313 | Association. |
| 314 | 14. One representative of the Florida Prosecuting |
| 315 | Attorneys Association. |
| 316 | 15. The chair of the Statewide Domestic Security |
| 317 | Intelligence Committee. |
| 318 | 16. One representative of the Florida Hospital |
| 319 | Association. |
| 320 | 17. One representative of the Emergency Medical Services |
| 321 | Advisory Council. |
| 322 | 18. One representative of the Florida Emergency |
| 323 | Preparedness Association. |
| 324 | 19. One representative of the Florida Seaport |
| 325 | Transportation and Economic Development Council. |
| 326 | (b) In addition to the members designated in paragraph |
| 327 | (a), the council may invite other ex officio, nonvoting members |
| 328 | to attend and participate in council meetings. Those nonvoting |
| 329 | members may include, but need not be limited to: |
| 330 | 1. The executive director of the Department of Highway |
| 331 | Safety and Motor Vehicles. |
| 332 | 2. The Secretary of Health Care Administration. |
| 333 | 3. The Secretary of Environmental Protection. |
| 334 | 4. The director of the Division of Law Enforcement within |
| 335 | the Fish and Wildlife Conservation Commission. |
| 336 | 5. A representative of the Commission on Human Relations. |
| 337 | 6. A representative of the United States Coast Guard. |
| 338 | 7. A United States Attorney from a federal judicial |
| 339 | circuit within this state. |
| 340 | 8. A special agent in charge from an office of the Federal |
| 341 | Bureau of Investigation within this state. |
| 342 | (2) ORGANIZATION.-- |
| 343 | (a) The Legislature finds that the council serves a |
| 344 | legitimate state, county, and municipal purpose and that service |
| 345 | on the council is consistent with a member's principal service |
| 346 | in public office or employment. Membership on the council does |
| 347 | not disqualify a member from holding any other public office or |
| 348 | being employed by a public entity, except that a member of the |
| 349 | Legislature may not serve on the council. |
| 350 | (b) The executive director of the Department of Law |
| 351 | Enforcement shall serve as chair of the council, and the |
| 352 | director of the Division of Emergency Management within the |
| 353 | Department of Community Affairs shall serve as vice chair of the |
| 354 | council. In the absence of the chair, the vice chair shall serve |
| 355 | as chair. In the absence of the vice chair, the chair may name |
| 356 | any member of the council to perform the duties of the chair if |
| 357 | such substitution does not extend beyond a defined meeting, |
| 358 | duty, or period of time. |
| 359 | (c) Any absent voting member of the council may be |
| 360 | represented by a designee empowered to act on any issue before |
| 361 | the council to the same extent that the designating member is |
| 362 | empowered. If a co-chair of a regional domestic security task |
| 363 | force is absent from a council meeting, the co-chair shall |
| 364 | appoint a subcommittee chair of that task force as the designee. |
| 365 | (d) The council shall establish bylaws for its general |
| 366 | governance. |
| 367 | (e) Any member of the council serving by reason of the |
| 368 | office or employment held by the member shall cease to serve on |
| 369 | the council at such time as he or she ceases to hold the office |
| 370 | or employment which was the basis for appointment to the |
| 371 | council. |
| 372 | (f) Representatives from agencies or organizations other |
| 373 | than those designated by title shall be chosen by the entity. |
| 374 | Except for those individuals designated by title, council |
| 375 | members shall be certified annually to the chair by the |
| 376 | organization they represent. |
| 377 | (g) Members of the council or their designees shall serve |
| 378 | without compensation but are entitled to reimbursement for per |
| 379 | diem and travel expenses pursuant to s. 112.061. |
| 380 | (h) The department shall provide the council with the |
| 381 | staff support necessary to assist in the performance of its |
| 382 | duties. |
| 383 | (3) MEETINGS.--The council must meet at least |
| 384 | semiannually. Additional meetings may be held as necessary. A |
| 385 | majority of the members of the council constitutes a quorum. |
| 386 | (4) EXECUTIVE COMMITTEE.-- |
| 387 | (a) The council shall establish an executive committee |
| 388 | consisting of the following members: |
| 389 | 1. The executive director of the Department of Law |
| 390 | Enforcement. |
| 391 | 2. The director of the Division of Emergency Management |
| 392 | within the Department of Community Affairs. |
| 393 | 3. The Attorney General. |
| 394 | 4. The Commissioner Agriculture. |
| 395 | 5. The Secretary of Health. |
| 396 | 6. The Commissioner of Education. |
| 397 | 7. The State Fire Marshal. |
| 398 | (b) The executive director of the Department of Law |
| 399 | Enforcement shall serve as the chair of the executive committee, |
| 400 | and the director of the Division of Emergency Management within |
| 401 | the Department of Community Affairs shall serve as the vice |
| 402 | chair of the executive committee. |
| 403 | (c) The executive committee shall approve all matters |
| 404 | brought before the council prior to consideration. When |
| 405 | expedited action of the council is deemed necessary by the chair |
| 406 | or vice chair, the executive committee may act on behalf of the |
| 407 | council. |
| 408 | (5) DUTIES OF THE COUNCIL.-- |
| 409 | (a) The Domestic Security Oversight Council shall serve as |
| 410 | an advisory council to the Governor, the Legislature, and the |
| 411 | Chief of Domestic Security. The council shall: |
| 412 | 1. Review the development, maintenance, and operation of a |
| 413 | comprehensive multidisciplinary domestic security strategy that |
| 414 | will guide the state's prevention, preparedness, protection, |
| 415 | response, and recovery efforts against terrorist attacks and |
| 416 | make appropriate recommendations to ensure the implementation of |
| 417 | that strategy. |
| 418 | 2. Review the development of integrated funding plans to |
| 419 | support specific projects, goals, and objectives necessary to |
| 420 | the state's domestic security strategy and make appropriate |
| 421 | recommendations to implement those plans. |
| 422 | 3. Review and recommend approval of prioritized |
| 423 | recommendations from regional domestic security task forces and |
| 424 | state working groups on the use of available funding to ensure |
| 425 | the use of such funds in a manner that best promotes the goals |
| 426 | of statewide, regional, and local domestic security through |
| 427 | coordinated planning and implementation strategies. |
| 428 | 4. Review and recommend approval of statewide policies and |
| 429 | operational protocols that support the domestic security efforts |
| 430 | of the regional domestic security task forces and state |
| 431 | agencies. |
| 432 | 5. Review the overall statewide effectiveness of domestic |
| 433 | security and counter-terrorism efforts in order to provide |
| 434 | suggestions to improve or enhance those efforts. |
| 435 | 6. Review the efforts of any agency or entity involved in |
| 436 | state or local domestic security and counter-terrorism efforts |
| 437 | that requests assistance or that appears to need such review in |
| 438 | order to provide suggestions to improve or enhance those |
| 439 | efforts. |
| 440 | 7. Review efforts within the state to better secure state |
| 441 | and local infrastructure against terrorist attack and make |
| 442 | recommendations to enhance the effectiveness of such efforts. |
| 443 | 8. Review and recommend legislative initiatives related to |
| 444 | the state's domestic security and provide endorsement or |
| 445 | recommendations to enhance the effectiveness of such efforts. |
| 446 | 9. Review statewide or multiagency mobilizations and |
| 447 | responses to major domestic security incidents and recommend |
| 448 | suggestions for training, improvement of response efforts, or |
| 449 | improvement of coordination or for other strategies that may be |
| 450 | derived as necessary from such reviews. |
| 451 | 10. Conduct any additional review or inquiry or make |
| 452 | recommendations to the Governor and Legislature in support of |
| 453 | other initiatives, as may be necessary, to fulfill the function |
| 454 | of general oversight of the state's domestic security and |
| 455 | counter-terrorism efforts and to promote increased security. |
| 456 | 11. Promote and preserve intergovernmental cooperation and |
| 457 | consensus among state and local agencies, the Federal |
| 458 | Government, private entities, other states, and other nations, |
| 459 | as appropriate, under the guidance of the Governor. |
| 460 | (b) The Domestic Security Oversight Council shall make an |
| 461 | annual funding recommendation to the Governor and Legislature |
| 462 | which shall prioritize funding requests based on allocations |
| 463 | from all available sources for implementing the state's domestic |
| 464 | security strategy. This recommendation must include the |
| 465 | prioritized recommendations of each of the regional domestic |
| 466 | security task forces and the various working groups that |
| 467 | participate in the prioritization process for funding |
| 468 | allocations. The recommendation must reflect the consideration |
| 469 | of strategic priorities and allocations that best serve the |
| 470 | state's overall domestic security needs. The recommendation |
| 471 | shall be transmitted to the Governor and the Legislature by |
| 472 | December 31 of each year. If additional funds become available, |
| 473 | or reallocation of funding is required beyond current spending |
| 474 | authorizations, the council may make recommendations to the |
| 475 | Governor for consideration by the Legislative Budget Commission. |
| 476 | (6) REPORTS.--The council shall report annually on its |
| 477 | activities, on or before December 31 of each calendar year, to |
| 478 | the Governor, the President of the Senate, the Speaker of the |
| 479 | House of Representatives, and the chairs of the committees |
| 480 | having principal jurisdiction over domestic security in the |
| 481 | Senate and the House of Representatives. |
| 482 | (7) AGENCY DESIGNATION.--For purposes of this section, the |
| 483 | Domestic Security Oversight Council shall be considered a |
| 484 | criminal justice agency within the definition of s. 119.011(4). |
| 485 | Section 6. Paragraph (b) of subsection (1) of section |
| 486 | 381.00315, Florida Statutes, is amended to read: |
| 487 | 381.00315 Public health advisories; public health |
| 488 | emergencies.--The State Health Officer is responsible for |
| 489 | declaring public health emergencies and issuing public health |
| 490 | advisories. |
| 491 | (1) As used in this section, the term: |
| 492 | (b) "Public health emergency" means any occurrence, or |
| 493 | threat thereof, whether natural or man made, which results or |
| 494 | may result in substantial injury or harm to the public health |
| 495 | from infectious disease, chemical agents, nuclear agents, |
| 496 | biological toxins, or situations involving mass casualties or |
| 497 | natural disasters. Prior to declaring a public health emergency, |
| 498 | the State Health Officer shall, to the extent possible, consult |
| 499 | with the Governor and shall notify the Chief of Domestic |
| 500 | Security Initiatives as created in s. 943.03. The declaration of |
| 501 | a public health emergency shall continue until the State Health |
| 502 | Officer finds that the threat or danger has been dealt with to |
| 503 | the extent that the emergency conditions no longer exist and he |
| 504 | or she terminates the declaration. However, a declaration of a |
| 505 | public health emergency may not continue for longer than 60 days |
| 506 | unless the Governor concurs in the renewal of the declaration. |
| 507 | The State Health Officer, upon declaration of a public health |
| 508 | emergency, may take actions that are necessary to protect the |
| 509 | public health. Such actions include, but are not limited to: |
| 510 | 1. Directing manufacturers of prescription drugs or over- |
| 511 | the-counter drugs who are permitted under chapter 499 and |
| 512 | wholesalers of prescription drugs located in this state who are |
| 513 | permitted under chapter 499 to give priority to the shipping of |
| 514 | specified drugs to pharmacies and health care providers within |
| 515 | geographic areas that have been identified by the State Health |
| 516 | Officer. The State Health Officer must identify the drugs to be |
| 517 | shipped. Manufacturers and wholesalers located in the state must |
| 518 | respond to the State Health Officer's priority shipping |
| 519 | directive before shipping the specified drugs. |
| 520 | 2. Notwithstanding chapters 465 and 499 and rules adopted |
| 521 | thereunder, directing pharmacists employed by the department to |
| 522 | compound bulk prescription drugs and provide these bulk |
| 523 | prescription drugs to physicians and nurses of county health |
| 524 | departments or any qualified person authorized by the State |
| 525 | Health Officer for administration to persons as part of a |
| 526 | prophylactic or treatment regimen. |
| 527 | 3. Notwithstanding s. 456.036, temporarily reactivating |
| 528 | the inactive license of the following health care practitioners, |
| 529 | when such practitioners are needed to respond to the public |
| 530 | health emergency: physicians licensed under chapter 458 or |
| 531 | chapter 459; physician assistants licensed under chapter 458 or |
| 532 | chapter 459; licensed practical nurses, registered nurses, and |
| 533 | advanced registered nurse practitioners licensed under part I of |
| 534 | chapter 464; respiratory therapists licensed under part V of |
| 535 | chapter 468; and emergency medical technicians and paramedics |
| 536 | certified under part III of chapter 401. Only those health care |
| 537 | practitioners specified in this paragraph who possess an |
| 538 | unencumbered inactive license and who request that such license |
| 539 | be reactivated are eligible for reactivation. An inactive |
| 540 | license that is reactivated under this paragraph shall return to |
| 541 | inactive status when the public health emergency ends or prior |
| 542 | to the end of the public health emergency if the State Health |
| 543 | Officer determines that the health care practitioner is no |
| 544 | longer needed to provide services during the public health |
| 545 | emergency. Such licenses may only be reactivated for a period |
| 546 | not to exceed 90 days without meeting the requirements of s. |
| 547 | 456.036 or chapter 401, as applicable. |
| 548 | 4. Ordering an individual to be examined, tested, |
| 549 | vaccinated, treated, or quarantined for communicable diseases |
| 550 | that have significant morbidity or mortality and present a |
| 551 | severe danger to public health. Individuals who are unable or |
| 552 | unwilling to be examined, tested, vaccinated, or treated for |
| 553 | reasons of health, religion, or conscience may be subjected to |
| 554 | quarantine. |
| 555 | a. Examination, testing, vaccination, or treatment may be |
| 556 | performed by any qualified person authorized by the State Health |
| 557 | Officer. |
| 558 | b. If the individual poses a danger to the public health, |
| 559 | the State Health Officer may subject the individual to |
| 560 | quarantine. If there is no practical method to quarantine the |
| 561 | individual, the State Health Officer may use any means necessary |
| 562 | to vaccinate or treat the individual. |
| 563 |
|
| 564 | Any order of the State Health Officer given to effectuate this |
| 565 | paragraph shall be immediately enforceable by a law enforcement |
| 566 | officer under s. 381.0012. |
| 567 | Section 7. This act shall take effect upon becoming a law. |