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. Section 943.0311, Florida Statutes, is amended |
82 | 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 | paragraph (a) must be completed by the state agency, state |
131 | university, or community college and provided to the chief |
132 | before occupying or substantially modifying such building, |
133 | facility, or structure. The chief may request additional |
134 | followup assessments to ensure that the security assessments of |
135 | buildings, facilities, and structures, owned or leased by state |
136 | agencies, state universities, and community colleges, remain |
137 | 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 | and significant security enhancements enhancement of any |
142 | building, facility, or structure owned or leased by a state |
143 | agency, state university, or community college or any entity |
144 | that has conducted an assessment under subsection (5). The chief |
145 | may utilize the assessments provided under subsection (5) in |
146 | making his or her suggestions. The report shall suggest |
147 | strategies to maximize federal funds in support of building or |
148 | facility security if such funds are available must identify and |
149 | prioritize the recommended security enhancements and provide |
150 | recommendations to maximize federal funding in support of |
151 | building and facility 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 | (6) The chief may communicate to private entities the |
179 | options private entities should consider in obtaining security |
180 | assessments and may solicit private entities for the purpose of |
181 | communicating such options. The cost of any security assessment |
182 | of a private entity shall be borne by the private entity. |
183 | Private entities are urged to cooperate with and assist the |
184 | department in meeting its responsibilities for domestic |
185 | security. |
186 | (7) As used in this section, the term "state agency" |
187 | includes the Agency for Health Care Administration, the Agency |
188 | for Workforce Innovation, the Department of Agriculture and |
189 | Consumer Services, the Department of Business and Professional |
190 | Regulation, the Department of Children and Family Services, the |
191 | Department of Citrus, the Department of Community Affairs, the |
192 | Department of Corrections, the Department of Education, the |
193 | Department of Elderly Affairs, the Department of Environmental |
194 | Protection, the Department of Financial Services, the Department |
195 | of Health, the Department of Highway Safety and Motor Vehicles, |
196 | the Department of Juvenile Justice, the Department of Law |
197 | Enforcement, the Department of Legal Affairs, the Department of |
198 | Management Services, the Department of Military Affairs, the |
199 | Department of Revenue, the Department of State, the Department |
200 | of the Lottery, the Department of Transportation, the Department |
201 | of Veterans' Affairs, the Fish and Wildlife Conservation |
202 | Commission, the Parole Commission, the State Board of |
203 | Administration, and the Executive Office of the Governor. |
204 | Section 4. Section 943.0312, Florida Statutes, is amended |
205 | to read: |
206 | 943.0312 Regional domestic security task forces.--The |
207 | Legislature finds that there is a need to develop and implement |
208 | a statewide strategy to address prevention, preparation, |
209 | protection, and response, and recovery efforts by federal, |
210 | state, and local law enforcement agencies, emergency management |
211 | agencies, fire and rescue departments, first-responder personnel |
212 | and others in dealing with potential or actual terrorist acts |
213 | within or affecting this state. |
214 | (1) To assist the department and the Chief of Domestic |
215 | Security Initiatives in performing their roles and duties in |
216 | this regard, the department shall establish a regional domestic |
217 | security task force in each of the department's operational |
218 | regions. The task forces shall serve in an advisory capacity to |
219 | the department and the Chief of Domestic Security and shall |
220 | provide support to the department in its performance of |
221 | functions pertaining to domestic security Initiatives. |
222 | (a) Subject to annual appropriation, the department shall |
223 | provide dedicated employees to support the function of each |
224 | regional domestic security task force. |
225 | (b) Each task force shall be co-chaired by the |
226 | department's special agent in charge regional director of the |
227 | operational region in which the task force is located and by a |
228 | local sheriff or chief of police from within the operational |
229 | region. |
230 | (c) Each task force membership may also include |
231 | representatives of state and local law enforcement agencies, |
232 | fire and rescue departments, or first-responder personnel; |
233 | representatives of emergency management agencies and health, |
234 | medical, and hospital agencies; representatives an available |
235 | representative from the Division of Emergency Management; an |
236 | available representative from the Department of Health; an |
237 | available representative of a local emergency planning |
238 | committees committee; representatives of state and local law |
239 | enforcement agencies, fire and rescue departments, or first- |
240 | responder personnel; and other persons as deemed appropriate and |
241 | necessary by the task force co-chairs. |
242 | (d) The co-chairs of each task force may appoint |
243 | subcommittees and subcommittee chairs as necessary in order to |
244 | address issues related to the various disciplines represented on |
245 | the task force, except that subcommittee chairs for emergency |
246 | management shall be appointed with the approval of the director |
247 | of the Division of Emergency Management. A subcommittee chair |
248 | shall serve at the pleasure of the co-chairs. |
249 | (2) In accordance with the state's domestic security |
250 | strategic goals and objectives, The goals of each task force |
251 | shall coordinate include coordinating efforts to counter |
252 | terrorism, as defined by s. 775.30, among local, state, and |
253 | federal resources to ensure that such efforts are not fragmented |
254 | or unnecessarily duplicated; coordinate coordinating training |
255 | for local and state personnel to counter terrorism as defined by |
256 | s. 775.30; coordinate coordinating the collection and |
257 | dissemination of investigative and intelligence information; and |
258 | facilitate facilitating responses to terrorist incidents within |
259 | or affecting each region. With the approval of the Chief of |
260 | Domestic Security Initiatives, the task forces may incorporate |
261 | other objectives reasonably related to the goals of enhancing |
262 | the state's domestic security and ability to detect, prevent, |
263 | and respond to acts of terrorism within or affecting this state. |
264 | Each task force shall take into account the variety of |
265 | conditions and resources present within its region. |
266 | (3) The Chief of Domestic Security Initiatives, in |
267 | conjunction with the Division of Emergency Management, the |
268 | regional domestic security task forces, and the various state |
269 | entities responsible for establishing training standards |
270 | applicable to state law enforcement officers and fire, |
271 | emergency, and first-responder personnel shall identify |
272 | appropriate equipment and training needs, curricula, and |
273 | materials related to the effective response to suspected or |
274 | actual acts of terrorism or incidents involving real or hoax |
275 | weapons of mass destruction as defined in s. 790.166. |
276 | Recommendations for funding for purchases of equipment, delivery |
277 | of training, implementation of, or revision to basic or |
278 | continued training required for state licensure or |
279 | certification, or other related responses shall be made by the |
280 | Chief of Domestic Security Initiatives to the Domestic Security |
281 | Oversight Council, the Executive Office of the Governor, the |
282 | President of the Senate, and the Speaker of the House of |
283 | Representatives as necessary to ensure assure that the needs of |
284 | this state with regard to the preparing, equipping, outfitting, |
285 | and training, and exercising of response personnel are |
286 | identified and addressed. In making such recommendations, the |
287 | Chief of Domestic Security Initiatives and the Division of |
288 | Emergency Management shall identify all funding sources that may |
289 | be available to fund such efforts equipping, outfitting, and |
290 | training. |
291 | (4) Each regional domestic security task force, working in |
292 | conjunction with the department, the Office of the Attorney |
293 | General, and other public or private entities, shall work to |
294 | ensure that hate-driven acts against ethnic groups that may have |
295 | been targeted as a result of acts of terrorism in or affecting |
296 | this state are appropriately investigated and responded to. |
297 | (5) Members of each regional domestic security task force |
298 | may not receive any pay other than their salaries normally |
299 | received from their employers, but are entitled to reimbursement |
300 | for per diem and travel expenses in accordance with s. 112.061. |
301 | (6) Subject to annual appropriation, the department of Law |
302 | Enforcement shall provide staff and administrative support for |
303 | the regional domestic security task forces. |
304 | Section 5. Section 943.0313, Florida Statutes, is created |
305 | to read: |
306 | 943.0313 Domestic Security Oversight Council.--The |
307 | Legislature finds that there exists a need to provide executive |
308 | direction and leadership with respect to terrorism prevention, |
309 | preparation, protection, response, and recovery efforts by state |
310 | and local agencies in this state. In recognition of this need, |
311 | the Domestic Security Oversight Council is hereby created. The |
312 | council shall serve as an advisory council pursuant to s. |
313 | 20.03(7) to provide guidance to the state's regional domestic |
314 | security task forces and other domestic security working groups |
315 | and to make recommendations to the Governor and the Legislature |
316 | regarding the expenditure of funds and allocation of resources |
317 | related to counter-terrorism and domestic security efforts. |
318 | (1) MEMBERSHIP.-- |
319 | (a) The Domestic Security Oversight Council shall consist |
320 | of the following voting members: |
321 | 1. The executive director of the Department of Law |
322 | Enforcement. |
323 | 2. The director of the Division of Emergency Management |
324 | within the Department of Community Affairs. |
325 | 3. The Attorney General. |
326 | 4. The Commissioner of Agriculture. |
327 | 5. The Secretary of Health. |
328 | 6. The Commissioner of Education. |
329 | 7. The State Fire Marshal. |
330 | 8. The adjutant general of the Florida National Guard. |
331 | 9. The chief information officer of the State Technology |
332 | Office within the Department of Management Services. |
333 | 10. Each sheriff or chief of police who serves as a co- |
334 | chair of a regional domestic security task force pursuant to s. |
335 | 943.0312(1)(b). |
336 | 11. Each of the department's special agents in charge who |
337 | serve as a co-chair of a regional domestic security task force. |
338 | 12. Two representatives of the Florida Fire Chiefs |
339 | Association. |
340 | 13. One representative of the Florida Police Chiefs |
341 | Association. |
342 | 14. One representative of the Florida Prosecuting |
343 | Attorneys Association. |
344 | 15. The chair of the Statewide Domestic Security |
345 | Intelligence Committee. |
346 | 16. One representative of the Florida Hospital |
347 | Association. |
348 | 17. One representative of the Emergency Medical Services |
349 | Advisory Council. |
350 | 18. One representative of the Florida Emergency |
351 | Preparedness Association. |
352 | 19. One representative of the Florida Seaport |
353 | Transportation and Economic Development Council. |
354 | (b) In addition to the members designated in paragraph |
355 | (a), the council may invite other ex officio, nonvoting members |
356 | to attend and participate in council meetings. Those nonvoting |
357 | members may include, but need not be limited to: |
358 | 1. The executive director of the Department of Highway |
359 | Safety and Motor Vehicles. |
360 | 2. The Secretary of Health Care Administration. |
361 | 3. The Secretary of Environmental Protection. |
362 | 4. The director of the Division of Law Enforcement within |
363 | the Fish and Wildlife Conservation Commission. |
364 | 5. A representative of the Commission on Human Relations. |
365 | 6. A representative of the United States Coast Guard. |
366 | 7. A United States Attorney from a federal judicial |
367 | circuit within this state. |
368 | 8. A special agent in charge from an office of the Federal |
369 | Bureau of Investigation within this state. |
370 | (2) ORGANIZATION.-- |
371 | (a) The Legislature finds that the council serves a |
372 | legitimate state, county, and municipal purpose and that service |
373 | on the council is consistent with a member's principal service |
374 | in public office or employment. Membership on the council does |
375 | not disqualify a member from holding any other public office or |
376 | being employed by a public entity, except that a member of the |
377 | Legislature may not serve on the council. |
378 | (b) The executive director of the Department of Law |
379 | Enforcement shall serve as chair of the council, and the |
380 | director of the Division of Emergency Management within the |
381 | Department of Community Affairs shall serve as vice chair of the |
382 | council. In the absence of the chair, the vice chair shall serve |
383 | as chair. In the absence of the vice chair, the chair may name |
384 | any member of the council to perform the duties of the chair if |
385 | such substitution does not extend beyond a defined meeting, |
386 | duty, or period of time. |
387 | (c) Any absent voting member of the council may be |
388 | represented by a designee empowered to act on any issue before |
389 | the council to the same extent that the designating member is |
390 | empowered. If a co-chair of a regional domestic security task |
391 | force is absent from a council meeting, the co-chair shall |
392 | appoint a subcommittee chair of that task force as the designee. |
393 | (d) The council shall establish bylaws for its general |
394 | governance. |
395 | (e) Any member of the council serving by reason of the |
396 | office or employment held by the member shall cease to serve on |
397 | the council at such time as he or she ceases to hold the office |
398 | or employment which was the basis for appointment to the |
399 | council. |
400 | (f) Representatives from agencies or organizations other |
401 | than those designated by title shall be chosen by the entity. |
402 | Except for those individuals designated by title, council |
403 | members shall be certified annually to the chair by the |
404 | organization they represent. |
405 | (g) Members of the council or their designees shall serve |
406 | without compensation but are entitled to reimbursement for per |
407 | diem and travel expenses pursuant to s. 112.061. |
408 | (h) The department shall provide the council with the |
409 | staff support necessary to assist in the performance of its |
410 | duties. |
411 | (3) MEETINGS.--The council must meet at least |
412 | semiannually. Additional meetings may be held as necessary. A |
413 | majority of the members of the council constitutes a quorum. |
414 | (4) EXECUTIVE COMMITTEE.-- |
415 | (a) The council shall establish an executive committee |
416 | consisting of the following members: |
417 | 1. The executive director of the Department of Law |
418 | Enforcement. |
419 | 2. The director of the Division of Emergency Management |
420 | within the Department of Community Affairs. |
421 | 3. The Attorney General. |
422 | 4. The Commissioner Agriculture. |
423 | 5. The Secretary of Health. |
424 | 6. The Commissioner of Education. |
425 | 7. The State Fire Marshal. |
426 | (b) The executive director of the Department of Law |
427 | Enforcement shall serve as the chair of the executive committee, |
428 | and the director of the Division of Emergency Management within |
429 | the Department of Community Affairs shall serve as the vice |
430 | chair of the executive committee. |
431 | (c) The executive committee shall approve all matters |
432 | brought before the council prior to consideration. When |
433 | expedited action of the council is deemed necessary by the chair |
434 | or vice chair, the executive committee may act on behalf of the |
435 | council. |
436 | (5) DUTIES OF THE COUNCIL.-- |
437 | (a) The Domestic Security Oversight Council shall serve as |
438 | an advisory council to the Governor, the Legislature, and the |
439 | Chief of Domestic Security. The council shall: |
440 | 1. Review the development, maintenance, and operation of a |
441 | comprehensive multidisciplinary domestic security strategy that |
442 | will guide the state's prevention, preparedness, protection, |
443 | response, and recovery efforts against terrorist attacks and |
444 | make appropriate recommendations to ensure the implementation of |
445 | that strategy. |
446 | 2. Review the development of integrated funding plans to |
447 | support specific projects, goals, and objectives necessary to |
448 | the state's domestic security strategy and make appropriate |
449 | recommendations to implement those plans. |
450 | 3. Review and recommend approval of prioritized |
451 | recommendations from regional domestic security task forces and |
452 | state working groups on the use of available funding to ensure |
453 | the use of such funds in a manner that best promotes the goals |
454 | of statewide, regional, and local domestic security through |
455 | coordinated planning and implementation strategies. |
456 | 4. Review and recommend approval of statewide policies and |
457 | operational protocols that support the domestic security efforts |
458 | of the regional domestic security task forces and state |
459 | agencies. |
460 | 5. Review the overall statewide effectiveness of domestic |
461 | security and counter-terrorism efforts in order to provide |
462 | suggestions to improve or enhance those efforts. |
463 | 6. Review the efforts of any agency or entity involved in |
464 | state or local domestic security and counter-terrorism efforts |
465 | that requests assistance or that appears to need such review in |
466 | order to provide suggestions to improve or enhance those |
467 | efforts. |
468 | 7. Review efforts within the state to better secure state |
469 | and local infrastructure against terrorist attack and make |
470 | recommendations to enhance the effectiveness of such efforts. |
471 | 8. Review and recommend legislative initiatives related to |
472 | the state's domestic security and provide endorsement or |
473 | recommendations to enhance the effectiveness of such efforts. |
474 | 9. Review statewide or multiagency mobilizations and |
475 | responses to major domestic security incidents and recommend |
476 | suggestions for training, improvement of response efforts, or |
477 | improvement of coordination or for other strategies that may be |
478 | derived as necessary from such reviews. |
479 | 10. Conduct any additional review or inquiry or make |
480 | recommendations to the Governor and Legislature in support of |
481 | other initiatives, as may be necessary, to fulfill the function |
482 | of general oversight of the state's domestic security and |
483 | counter-terrorism efforts and to promote increased security. |
484 | 11. Promote and preserve intergovernmental cooperation and |
485 | consensus among state and local agencies, the Federal |
486 | Government, private entities, other states, and other nations, |
487 | as appropriate, under the guidance of the Governor. |
488 | (b) The Domestic Security Oversight Council shall make an |
489 | annual funding recommendation to the Governor and Legislature |
490 | which shall prioritize funding requests based on allocations |
491 | from all available sources for implementing the state's domestic |
492 | security strategy. This recommendation must include the |
493 | prioritized recommendations of each of the regional domestic |
494 | security task forces and the various working groups that |
495 | participate in the prioritization process for funding |
496 | allocations. The recommendation must reflect the consideration |
497 | of strategic priorities and allocations that best serve the |
498 | state's overall domestic security needs. The recommendation |
499 | shall be transmitted to the Governor and the Legislature by |
500 | December 31 of each year. If additional funds become available, |
501 | or reallocation of funding is required beyond current spending |
502 | authorizations, the council may make recommendations to the |
503 | Governor for consideration by the Legislative Budget Commission. |
504 | (6) REPORTS.--The council shall report annually on its |
505 | activities, on or before December 31 of each calendar year, to |
506 | the Governor, the President of the Senate, the Speaker of the |
507 | House of Representatives, and the chairs of the committees |
508 | having principal jurisdiction over domestic security in the |
509 | Senate and the House of Representatives. |
510 | (7) AGENCY DESIGNATION.--For purposes of this section, the |
511 | Domestic Security Oversight Council shall be considered a |
512 | criminal justice agency within the definition of s. 119.011(4). |
513 | Section 6. Paragraph (b) of subsection (1) of section |
514 | 381.00315, Florida Statutes, is amended to read: |
515 | 381.00315 Public health advisories; public health |
516 | emergencies.--The State Health Officer is responsible for |
517 | declaring public health emergencies and issuing public health |
518 | advisories. |
519 | (1) As used in this section, the term: |
520 | (b) "Public health emergency" means any occurrence, or |
521 | threat thereof, whether natural or man made, which results or |
522 | may result in substantial injury or harm to the public health |
523 | from infectious disease, chemical agents, nuclear agents, |
524 | biological toxins, or situations involving mass casualties or |
525 | natural disasters. Prior to declaring a public health emergency, |
526 | the State Health Officer shall, to the extent possible, consult |
527 | with the Governor and shall notify the Chief of Domestic |
528 | Security Initiatives as created in s. 943.03. The declaration of |
529 | a public health emergency shall continue until the State Health |
530 | Officer finds that the threat or danger has been dealt with to |
531 | the extent that the emergency conditions no longer exist and he |
532 | or she terminates the declaration. However, a declaration of a |
533 | public health emergency may not continue for longer than 60 days |
534 | unless the Governor concurs in the renewal of the declaration. |
535 | The State Health Officer, upon declaration of a public health |
536 | emergency, may take actions that are necessary to protect the |
537 | public health. Such actions include, but are not limited to: |
538 | 1. Directing manufacturers of prescription drugs or over- |
539 | the-counter drugs who are permitted under chapter 499 and |
540 | wholesalers of prescription drugs located in this state who are |
541 | permitted under chapter 499 to give priority to the shipping of |
542 | specified drugs to pharmacies and health care providers within |
543 | geographic areas that have been identified by the State Health |
544 | Officer. The State Health Officer must identify the drugs to be |
545 | shipped. Manufacturers and wholesalers located in the state must |
546 | respond to the State Health Officer's priority shipping |
547 | directive before shipping the specified drugs. |
548 | 2. Notwithstanding chapters 465 and 499 and rules adopted |
549 | thereunder, directing pharmacists employed by the department to |
550 | compound bulk prescription drugs and provide these bulk |
551 | prescription drugs to physicians and nurses of county health |
552 | departments or any qualified person authorized by the State |
553 | Health Officer for administration to persons as part of a |
554 | prophylactic or treatment regimen. |
555 | 3. Notwithstanding s. 456.036, temporarily reactivating |
556 | the inactive license of the following health care practitioners, |
557 | when such practitioners are needed to respond to the public |
558 | health emergency: physicians licensed under chapter 458 or |
559 | chapter 459; physician assistants licensed under chapter 458 or |
560 | chapter 459; licensed practical nurses, registered nurses, and |
561 | advanced registered nurse practitioners licensed under part I of |
562 | chapter 464; respiratory therapists licensed under part V of |
563 | chapter 468; and emergency medical technicians and paramedics |
564 | certified under part III of chapter 401. Only those health care |
565 | practitioners specified in this paragraph who possess an |
566 | unencumbered inactive license and who request that such license |
567 | be reactivated are eligible for reactivation. An inactive |
568 | license that is reactivated under this paragraph shall return to |
569 | inactive status when the public health emergency ends or prior |
570 | to the end of the public health emergency if the State Health |
571 | Officer determines that the health care practitioner is no |
572 | longer needed to provide services during the public health |
573 | emergency. Such licenses may only be reactivated for a period |
574 | not to exceed 90 days without meeting the requirements of s. |
575 | 456.036 or chapter 401, as applicable. |
576 | 4. Ordering an individual to be examined, tested, |
577 | vaccinated, treated, or quarantined for communicable diseases |
578 | that have significant morbidity or mortality and present a |
579 | severe danger to public health. Individuals who are unable or |
580 | unwilling to be examined, tested, vaccinated, or treated for |
581 | reasons of health, religion, or conscience may be subjected to |
582 | quarantine. |
583 | a. Examination, testing, vaccination, or treatment may be |
584 | performed by any qualified person authorized by the State Health |
585 | Officer. |
586 | b. If the individual poses a danger to the public health, |
587 | the State Health Officer may subject the individual to |
588 | quarantine. If there is no practical method to quarantine the |
589 | individual, the State Health Officer may use any means necessary |
590 | to vaccinate or treat the individual. |
591 |
|
592 | Any order of the State Health Officer given to effectuate this |
593 | paragraph shall be immediately enforceable by a law enforcement |
594 | officer under s. 381.0012. |
595 | Section 7. This act shall take effect upon becoming a law. |