Florida Senate - 2021 SB 1674 By Senator Bean 4-00392A-21 20211674__ 1 A bill to be entitled 2 An act relating to the executive branch; amending s. 3 20.201, F.S.; providing that the appointment of the 4 executive director of the Department of Law 5 Enforcement is subject to a majority vote of the 6 Governor and Cabinet, with the Governor and Attorney 7 General on the prevailing side; amending s. 20.37, 8 F.S.; providing that the Governor’s appointment of the 9 executive director of the Department of Veterans’ 10 Affairs is subject to a majority vote of the Governor 11 and Cabinet, with the Governor on the prevailing side 12 of such vote; requiring the Office of Program Policy 13 Analysis and Government Accountability to contract for 14 a review of the Department of Law Enforcement to 15 determine whether the programs, functions, and 16 services provided by the department are consistent 17 with its mission; requiring that the contractor meet 18 certain requirements; requiring the contractor to 19 review the programs, functions, and services provided 20 by the department; requiring the contractor to make 21 certain recommendations; requiring the department to 22 provide access to any information requested by the 23 contractor; requiring the contractor to maintain 24 confidentiality of any protected information; 25 requiring the contractor to submit the report to 26 certain elected officials by a specified date; 27 providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsection (1) of section 20.201, Florida 32 Statutes, is amended to read: 33 20.201 Department of Law Enforcement.— 34 (1) There is created a Department of Law Enforcement. The 35 head of the department is the Governor and Cabinet. The 36 executive director of the department is
shall beappointed by 37 the Governor subject to approval by a majority vote, with at 38 least three affirmative votes, of the Governor and Cabinet. Both 39 the Governor and the Attorney General must be on the prevailing 40 side for approval. The appointment also is with the approval of41 three members of the Cabinet andsubject to confirmation by the 42 Senate. The executive director serves shall serveat the 43 pleasure of the Governor and Cabinet. The executive director may 44 establish a command, operational, and administrative services 45 structure to assist, manage, and support the department in 46 operating programs and delivering services. 47 Section 2. Subsection (1) of section 20.37, Florida 48 Statutes, is amended to read: 49 20.37 Department of Veterans’ Affairs.—There is created a 50 Department of Veterans’ Affairs. 51 (1) The head of the department is the Governor and Cabinet. 52 The executive director of the department is shall beappointed 53 by the Governor subject to the approval by a majority vote, with 54 at least three affirmative votes, of the Governor and Cabinet 55 with the Governor on the prevailing side. The appointment also 56 is with the approval of three members of the Cabinet andsubject 57 to confirmation by the Senate. The executive director serves 58 shall serveat the pleasure of the Governor and Cabinet. 59 Section 3. (1) Subject to an appropriation, the Office of 60 Program Policy Analysis and Government Accountability (OPPAGA) 61 shall contract for a review of the Department of Law 62 Enforcement. 63 (2) The contractor selected by OPPAGA must have experience 64 in reviewing large state or federal law enforcement agencies. 65 (3) The contractor shall perform a comprehensive review of 66 the Department of Law Enforcement and determine whether the 67 programs, functions, and services provided by the department are 68 consistent with its mission. The contractor shall review each 69 such program, function, and service, identifying its number of 70 users, cost, and effectiveness by geographical location. As part 71 of its review, the contractor shall do all of the following: 72 (a) Make recommendations regarding the department’s scope 73 of services, including, but not limited to, identifying any 74 service that should be expanded, consolidated, eliminated, or 75 transferred to another agency or entity. 76 (b) Investigate and make specific findings and 77 recommendations on the department’s crime laboratories and 78 forensic analysis processes including: 79 1. The accreditation and qualifications of the crime 80 laboratories and their employees. 81 2. The number and type of forensic analyses performed at 82 each laboratory. 83 3. The average length of time required to complete each 84 type of forensic analysis. 85 4. Whether there is an existing backlog of material 86 submitted for forensic analysis. 87 5. A comparison of the department’s laboratories’ scope of 88 services, accreditation, and sample processing time with those 89 of other crime laboratories in similar jurisdictions. 90 6. Whether any of the forensic analysis performed by the 91 department should be transferred to another state or local 92 agency, and whether barriers exist to any such transfers. 93 (c) Investigate and make specific findings and 94 recommendations on any programs operated by the department which 95 are limited to a given geographic service area, including the 96 following: 97 1. Identification of the number of users, cost, and 98 effectiveness of the programs, and 99 2. A determination as to whether the programs should be 100 expanded statewide, eliminated, or transferred to another state 101 or local agency, and whether barriers exist to any such 102 transfers. 103 (d) Identification of each accreditation earned by the 104 department and a determination as to whether any additional 105 accreditation is recommended. 106 (e) Identification of the number and types of cases 107 investigated by the department and a determination as to whether 108 criminal charges were filed as a result of such investigations. 109 (f) Identification of the number of cases involving 110 cybersecurity and related technology issues which were 111 investigated by the department and a determination as to whether 112 criminal charges were filed as a result of such investigations. 113 (g) Identification of any responsibilities of the 114 department which can be transferred to another state or local 115 agency, resulting in improved efficiency or accountability. 116 (4) Notwithstanding any other law to the contrary, the 117 department shall provide the contractor with access to any 118 information requested by the contractor to complete its review. 119 Information or records obtained by the contractor which are 120 otherwise exempt or confidential and exempt from public records 121 requirements shall retain such exempt or confidential and exempt 122 status, and the contractor may not disclose any such information 123 or records. 124 (5) The contractor shall submit its report to the Governor, 125 the Attorney General, the Chief Financial Officer, the 126 Commissioner of Agriculture, the President of the Senate, and 127 the Speaker of the House of Representatives by January 1, 2022. 128 Section 4. This act shall take effect July 1, 2021.