Amendment
Bill No. SB 2104

Amendment No. 611727

CHAMBER ACTION
Senate		House
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1	Representative Grimsley offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Subsections (1), (3), (4), and (5) of section
7	14.2019, Florida Statutes, are amended to read:
8	14.2019  Statewide Office for Suicide Prevention.-
9	(1)  The Statewide Office for Suicide Prevention is created
10	as a unit of the Office of Drug Control within the Department of
11	Children and Family Services Executive Office of the Governor.
12	(3)  Contingent upon a specific appropriation, the director
13	of the Office of Drug Control shall employ a coordinator for the
14	Statewide Office for Suicide Prevention who shall work under the
15	direction of the director to achieve the goals and objectives
16	set forth in this section.
17	(3)(4)  The Statewide Office for Suicide Prevention may
18	seek and accept grants or funds from any federal, state, or
19	local source to support the operation and defray the authorized
20	expenses of the office and the Suicide Prevention Coordinating
21	Council. Revenues from grants shall be deposited in the Grants
22	and Donations Trust Fund within the Department of Children and
23	Family Services Executive Office of the Governor. In accordance
24	with s. 216.181(11), the Executive Office of the Governor may
25	request changes to the approved operating budget to allow the
26	expenditure of any additional grant funds collected pursuant to
27	this subsection.
28	(4)(5)  Agencies under the control of the Governor or the
29	Governor and Cabinet are directed, and all others are
30	encouraged, to provide information and support to the Statewide
31	Office for Suicide Prevention as requested.
32	Section 2.  Paragraphs (a), (d), and (e) of subsection (2)
33	of section 14.20195, Florida Statutes, are amended to read:
34	14.20195  Suicide Prevention Coordinating Council;
35	creation; membership; duties.-There is created within the
36	Statewide Office for Suicide Prevention a Suicide Prevention
37	Coordinating Council. The council shall develop strategies for
38	preventing suicide.
39	(2)  MEMBERSHIP.-The Suicide Prevention Coordinating
40	Council shall consist of 28 voting members.
41	(a)  Thirteen members shall be appointed by the director of
42	the Statewide Office for Suicide Prevention Office of Drug
43	Control and shall represent the following organizations:
44	1.  The Florida Association of School Psychologists.
45	2.  The Florida Sheriffs Association.
46	3.  The Suicide Prevention Action Network USA.
47	4.  The Florida Initiative of Suicide Prevention.
48	5.  The Florida Suicide Prevention Coalition.
49	6.  The American Foundation of Suicide Prevention.
50	7.  The Florida School Board Association.
51	8.  The National Council for Suicide Prevention.
52	9.  The state chapter of AARP.
53	10.  The Florida Alcohol and Drug Abuse Association.
54	11.  The Florida Council for Community Mental Health.
55	12.  The Florida Counseling Association.
56	13.  NAMI Florida.
57	(d)  For the Members appointed by the director of the
58	Statewide Office for Suicide Prevention Office of Drug Control,
59	seven members shall be appointed to initial terms of 3 years,
60	and seven members shall be appointed to initial terms of 4
61	years. For the members appointed by the Governor, two members
62	shall be appointed to initial terms of 4 years, and two members
63	shall be appointed to initial terms of 3 years. Thereafter, such
64	members shall be appointed to terms of 4 years. Any vacancy on
65	the coordinating council shall be filled in the same manner as
66	the original appointment, and any member who is appointed to
67	fill a vacancy occurring because of death, resignation, or
68	ineligibility for membership shall serve only for the unexpired
69	term of the member's predecessor. A member is eligible for
70	reappointment.
71	(e)  The director of the Statewide Office for Suicide
72	Prevention Office of Drug Control shall be a nonvoting member of
73	the coordinating council and shall act as chair.
74	Section 3.  Section 311.115, Florida Statutes, is amended
75	to read:
76	311.115  Seaport Security Standards Advisory Council.-The
77	Seaport Security Standards Advisory Council is created within
78	under the Executive Office of the Governor Office of Drug
79	Control. The council shall serve as an advisory council as
80	provided in s. 20.03(7).
81	(1)  The members of the council shall be appointed by the
82	Governor and consist of the following:
83	(a)  Two seaport directors.
84	(b)  Two seaport security directors.
85	(c)  One representative of seaport tenants.
86	(d)  One representative of seaport workers.
87	(e)  One member from the Department of Law Enforcement.
88	(f)  One member from the Office of Motor Carrier Compliance
89	of the Department of Transportation.
90	(g)  One member from the Office of the Attorney General.
91	(h)  One member from the Department of Agriculture and
92	Consumer Services.
93	(i)  One member from the Office of Tourism, Trade, and
94	Economic Development.
95	(j)  One member from the Office of Drug Control.
96	(j)(k)  One member from the Fish and Wildlife Conservation
97	Commission.
98	(k)(l)  The Director of the Division of Emergency
99	Management, or his or her designee.
100	(2)  In addition to the members designated in subsection
101	(1), the council may invite a representative of the United
102	States Coast Guard to attend and participate in council meetings
103	as an ex officio, nonvoting member of the council.
104	(3)  Members of the council shall be appointed to 4-year
105	terms. A vacancy shall be filled by the Governor for the balance
106	of the unexpired term.
107	(4)  The council chair shall be designated by the Governor
108	from among the appointed members of the council shall be chaired
109	by the member from the Office of Drug Control.
110	(5)  At least every 4 years after January 15, 2007, the
111	Governor Office of Drug Control shall convene the council to
112	review the minimum security standards referenced in s. 311.12(1)
113	for applicability to and effectiveness in combating current
114	narcotics and terrorism threats to the state's seaports. All
115	sources of information allowed by law shall be used in assessing
116	the applicability and effectiveness of the standards.
117	(6)  Council members shall serve without pay, but shall be
118	entitled to per diem and travel expenses for attendance at
119	officially called meetings as provided in s. 112.061.
120	(7)  The council shall consult with the appropriate area
121	maritime security committees to assess possible impacts to
122	commerce and trade contained in the council's nonclassified
123	recommendations and findings.
124	(8)  The recommendations and findings of the council shall
125	be transmitted to the Governor, the President of the Senate, and
126	the Speaker of the House of Representatives.
127	Section 4.  Paragraph (a) of subsection (1), paragraph (b)
128	of subsection (3), subsections (8) and (10), and paragraph (d)
129	of subsection (11) of section 311.12, Florida Statutes, are
130	amended to read:
131	311.12  Seaport security.-
132	(1)  SECURITY STANDARDS.-
133	(a)  The statewide minimum standards for seaport security
134	applicable to seaports listed in s. 311.09 shall be those based
135	on the Florida Seaport Security Assessment 2000 and set forth in
136	the Port Security Standards Compliance Plan delivered to the
137	Speaker of the House of Representatives and the President of the
138	Senate on December 11, 2000. The Office of Drug Control within
139	the Executive Office of the Governor shall maintain a sufficient
140	number of copies of the standards at its offices for
141	distribution to the public and provide copies to each affected
142	seaport upon request.
143	(3)  SECURITY PLAN.-Each seaport listed in s. 311.09 shall
144	adopt and maintain a security plan specific to that seaport
145	which provides for a secure seaport infrastructure that promotes
146	the safety and security of state residents and visitors and the
147	flow of legitimate trade and travel.
148	(b)  Each adopted or revised security plan must be reviewed
149	and approved by the Office of Drug Control and the Department of
150	Law Enforcement for compliance with federal facility security
151	assessment requirements under 33 C.F.R. s. 105.305 and the
152	minimum security standards established under subsection (1).
153	Within 30 days after completion, a copy of the written review
154	shall be delivered to the United States Coast Guard, the
155	Regional Domestic Security Task Force, and the Domestic Security
156	Oversight Council.
157	(8)  WAIVER FROM SECURITY REQUIREMENTS.-The Office of Drug
158	Control and the Department of Law Enforcement may modify or
159	waive any physical facility requirement or other requirement
160	contained in the minimum security standards upon a determination
161	that the purposes of the standards have been reasonably met or
162	exceeded by the seaport requesting the modification or waiver.
163	An alternate means of compliance must not diminish the safety or
164	security of the seaport and must be verified through an
165	extensive risk analysis conducted by the seaport director.
166	(a)  Waiver requests shall be submitted in writing, along
167	with supporting documentation, to the Office of Drug Control and
168	the Department of Law Enforcement. The office and the department
169	has have 90 days to jointly grant or reject the waiver, in whole
170	or in part.
171	(b)  The seaport may submit any waivers that are not
172	granted or are jointly rejected to the Domestic Security
173	Oversight Council for review within 90 days. The council shall
174	recommend that the Office of Drug Control and the Department of
175	Law Enforcement grant the waiver or reject the waiver, in whole
176	or in part. The office and the department shall give great
177	weight to the council's recommendations.
178	(c)  A request seeking a waiver from the seaport law
179	enforcement personnel standards established under s. 311.122(3)
180	may not be granted for percentages below 10 percent.
181	(d)  Any modifications or waivers granted under this
182	subsection shall be noted in the annual report submitted by the
183	Department of Law Enforcement pursuant to subsection (10).
184	(10)  REPORTS.-The Department of Law Enforcement, in
185	consultation with the Office of Drug Control, shall annually
186	complete a report indicating the observations and findings of
187	all reviews, inspections, or other operations relating to the
188	seaports conducted during the year and any recommendations
189	resulting from such reviews, inspections, and operations. A copy
190	of the report shall be provided to the Governor, the President
191	of the Senate, the Speaker of the House of Representatives, the
192	governing body of each seaport or seaport authority, and each
193	seaport director. The report must include each director's
194	response indicating what actions, if any, have been taken or are
195	planned to be taken pursuant to the observations, findings, and
196	recommendations reported by the department.
197	(11)  FUNDING.-
198	(d)  If funds are appropriated for seaport security, the
199	Office of Drug Control, the Department of Law Enforcement, and
200	the Florida Seaport Transportation and Economic Development
201	Council shall mutually determine the allocation of such funds
202	for security project needs identified in the approved seaport
203	security plans. Any seaport that receives state funds for
204	security projects must enter into a joint participation
205	agreement with the appropriate state entity and use the seaport
206	security plan as the basis for the agreement.
207	1.  If funds are made available over more than 1 fiscal
208	year, the agreement must reflect the entire scope of the project
209	approved in the security plan and, as practicable, allow for
210	reimbursement for authorized projects over more than 1 year.
211	2.  The agreement may include specific timeframes for
212	completion of a security project and the applicable funding
213	reimbursement dates. The agreement may also require a
214	contractual penalty of up to $1,000 per day to be imposed for
215	failure to meet project completion dates if state funding is
216	available. Any such penalty shall be deposited into the State
217	Transportation Trust Fund and used for seaport security
218	operations and capital improvements.
219	Section 5.  Subsection (1) of section 311.123, Florida
220	Statutes, is amended to read:
221	311.123  Maritime domain security awareness training
222	program.-
223	(1)  The Florida Seaport Transportation and Economic
224	Development Council, in conjunction with the Department of Law
225	Enforcement and the Office of Drug Control within the Executive
226	Office of the Governor, shall create a maritime domain security
227	awareness training program to instruct all personnel employed
228	within a seaport's boundaries about the security procedures
229	required of them for implementation of the seaport security plan
230	required under s. 311.12(3).
231	Section 6.  Subsection (2) of section 397.331, Florida
232	Statutes, is amended to read:
233	397.331  Definitions; legislative intent.-
234	(2)  It is the intent of the Legislature to establish and
235	institutionalize a rational process for long-range planning,
236	information gathering, strategic decisionmaking, and funding for
237	the purpose of limiting substance abuse. The Legislature finds
238	that the creation of a state Office of Drug Control and a
239	Statewide Drug Policy Advisory Council affords the best means of
240	establishing and institutionalizing such a process.
241	Section 7.  Section 397.332, Florida Statutes, is repealed.
242	Section 8.  Paragraphs (a), (b), and (c) of subsection (1)
243	of section 397.333, Florida Statutes, are amended to read:
244	397.333  Statewide Drug Policy Advisory Council.-
245	(1)(a)  The Statewide Drug Policy Advisory Council is
246	created within the Department of Health Executive Office of the
247	Governor. The Surgeon General or his or her designee director of
248	the Office of Drug Control shall be a nonvoting, ex officio
249	member of the advisory council and shall act as chairperson. The
250	director of the Office of Planning and Budgeting or his or her
251	designee shall be a nonvoting, ex officio member of the advisory
252	council. The department shall provide staff support for the
253	council. The Office of Drug Control and the Office of Planning
254	and Budgeting shall provide staff support for the advisory
255	council.
256	(b)  The following state officials shall be appointed to
257	serve on the advisory council:
258	1.  The Attorney General, or his or her designee.
259	2.  The executive director of the Department of Law
260	Enforcement, or his or her designee.
261	3.  The Secretary of Children and Family Services, or his
262	or her designee.
263	4.  The State Surgeon General, or his or her designee.
264	4.5.  The Secretary of Corrections, or his or her designee.
265	5.6.  The Secretary of Juvenile Justice, or his or her
266	designee.
267	6.7.  The Commissioner of Education, or his or her
268	designee.
269	7.8.  The executive director of the Department of Highway
270	Safety and Motor Vehicles, or his or her designee.
271	8.9.  The Adjutant General of the state as the Chief of the
272	Department of Military Affairs, or his or her designee.
273	(c)  In addition, the Governor shall appoint 7 11 members
274	of the public to serve on the advisory council. Of the 7 11
275	appointed members, one member must have professional or
276	occupational expertise in drug enforcement, one member must have
277	professional or occupational expertise in substance abuse
278	prevention, one member must have professional or occupational
279	expertise in substance abuse treatment, and two members must
280	have professional or occupational expertise in faith-based
281	substance abuse treatment services. The remainder of the members
282	appointed should have professional or occupational expertise in,
283	or be generally knowledgeable about, issues that relate to drug
284	enforcement and substance abuse programs and services. The
285	members appointed by the Governor must, to the extent possible,
286	equitably represent all geographic areas of the state.
287	Section 9.  Paragraph (g) of subsection (2), paragraph (a)
288	of subsection (5), and paragraph (a) of subsection (6) of
289	section 943.031, Florida Statutes, are amended to read:
290	943.031  Florida Violent Crime and Drug Control Council.-
291	(2)  MEMBERSHIP.-The council shall consist of 14 members,
292	as follows:
293	(g)  The Policy Coordinator of the Public Safety Unit of
294	the Governor's Office of Planning and Budgeting director of the
295	Office of Drug Control within the Executive Office of the
296	Governor, or a designate.
297
298	The Governor, when making appointments under this subsection,
299	must take into consideration representation by geography,
300	population, ethnicity, and other relevant factors to ensure that
301	the membership of the council is representative of the state at
302	large. Designates appearing on behalf of a council member who is
303	unable to attend a meeting of the council are empowered to vote
304	on issues before the council to the same extent the designating
305	council member is so empowered.
306	(5)  DUTIES OF COUNCIL.-The council shall provide advice
307	and make recommendations, as necessary, to the executive
308	director of the department.
309	(a)  The council may advise the executive director on the
310	feasibility of undertaking initiatives which include, but are
311	not limited to, the following:
312	1.  Establishing a program which provides grants to
313	criminal justice agencies that develop and implement effective
314	violent crime prevention and investigative programs and which
315	provides grants to law enforcement agencies for the purpose of
316	drug control, criminal gang, and illicit money laundering
317	investigative efforts or task force efforts that are determined
318	by the council to significantly contribute to achieving the
319	state's goal of reducing drug-related crime as articulated by
320	the Office of Drug Control, that represent significant criminal
321	gang investigative efforts, that represent a significant illicit
322	money laundering investigative effort, or that otherwise
323	significantly support statewide strategies developed by the
324	Statewide Drug Policy Advisory Council established under s.
325	397.333, subject to the limitations provided in this section.
326	The grant program may include an innovations grant program to
327	provide startup funding for new initiatives by local and state
328	law enforcement agencies to combat violent crime or to implement
329	drug control, criminal gang, or illicit money laundering
330	investigative efforts or task force efforts by law enforcement
331	agencies, including, but not limited to, initiatives such as:
332	a.  Providing enhanced community-oriented policing.
333	b.  Providing additional undercover officers and other
334	investigative officers to assist with violent crime
335	investigations in emergency situations.
336	c.  Providing funding for multiagency or statewide drug
337	control, criminal gang, or illicit money laundering
338	investigative efforts or task force efforts that cannot be
339	reasonably funded completely by alternative sources and that
340	significantly contribute to achieving the state's goal of
341	reducing drug-related crime as articulated by the Office of Drug
342	Control, that represent significant criminal gang investigative
343	efforts, that represent a significant illicit money laundering
344	investigative effort, or that otherwise significantly support
345	statewide strategies developed by the Statewide Drug Policy
346	Advisory Council established under s. 397.333.
347	2.  Expanding the use of automated fingerprint
348	identification systems at the state and local level.
349	3.  Identifying methods to prevent violent crime.
350	4.  Identifying methods to enhance multiagency or statewide
351	drug control, criminal gang, or illicit money laundering
352	investigative efforts or task force efforts that significantly
353	contribute to achieving the state's goal of reducing drug-
354	related crime as articulated by the Office of Drug Control, that
355	represent significant criminal gang investigative efforts, that
356	represent a significant illicit money laundering investigative
357	effort, or that otherwise significantly support statewide
358	strategies developed by the Statewide Drug Policy Advisory
359	Council established under s. 397.333.
360	5.  Enhancing criminal justice training programs which
361	address violent crime, drug control, illicit money laundering
362	investigative techniques, or efforts to control and eliminate
363	criminal gangs.
364	6.  Developing and promoting crime prevention services and
365	educational programs that serve the public, including, but not
366	limited to:
367	a.  Enhanced victim and witness counseling services that
368	also provide crisis intervention, information referral,
369	transportation, and emergency financial assistance.
370	b.  A well-publicized rewards program for the apprehension
371	and conviction of criminals who perpetrate violent crimes.
372	7.  Enhancing information sharing and assistance in the
373	criminal justice community by expanding the use of community
374	partnerships and community policing programs. Such expansion may
375	include the use of civilian employees or volunteers to relieve
376	law enforcement officers of clerical work in order to enable the
377	officers to concentrate on street visibility within the
378	community.
379	(6)  DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.-
380	(a)  The Drug Control Strategy and Criminal Gang Committee
381	is created within the Florida Violent Crime and Drug Control
382	Council, consisting of the following council members:
383	1.  The Attorney General or a designate.
384	2.  The designate of the executive director of the
385	Department of Law Enforcement.
386	3.  The secretary of the Department of Corrections or a
387	designate.
388	4.  The Policy Coordinator of the Public Safety Unit of the
389	Governor's Office of Planning and Budgeting, director of the
390	Office of Drug Control within the Executive Office of the
391	Governor or a designate.
392	5.  The state attorney, the two sheriffs, and the two
393	chiefs of police, or their designates.
394	Section 10.  Paragraph (a) of subsection (1) of section
395	943.042, Florida Statutes, is amended to read:
396	943.042  Violent Crime Investigative Emergency and Drug
397	Control Strategy Implementation Account.-
398	(1)  There is created a Violent Crime Investigative
399	Emergency and Drug Control Strategy Implementation Account
400	within the Department of Law Enforcement Operating Trust Fund.
401	The account shall be used to provide emergency supplemental
402	funds to:
403	(a)  State and local law enforcement agencies which are
404	involved in complex and lengthy violent crime investigations, or
405	matching funding to multiagency or statewide drug control or
406	illicit money laundering investigative efforts or task force
407	efforts that significantly contribute to achieving the state's
408	goal of reducing drug-related crime as articulated by the Office
409	of Drug Control, that represent a significant illicit money
410	laundering investigative effort, or that otherwise significantly
411	support statewide strategies developed by the Statewide Drug
412	Policy Advisory Council established under s. 397.333;
413	Section 11.  This act shall take effect July 1, 2011.
414
415
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417	T I T L E  A M E N D M E N T
418	Remove the entire title and insert:
419	A bill to be entitled
420	An act relating to the Office of Drug Control; amending s.
421	14.2019, F.S.; placing the Statewide Office for Suicide
422	Prevention within the Department of Children and Family
423	Services; redirecting revenues from grants to the Grants
424	and Donations Trust Fund within the department; amending
425	s. 14.20195, F.S.; naming the director of the Statewide
426	Office for Suicide Prevention as chair and a nonvoting
427	member of the Suicide Prevention Coordinating Council;
428	providing for the appointment of members of the council by
429	the director of the Statewide Office for Suicide
430	Prevention; amending s. 311.115, F.S.; conforming
431	provisions to changes made by the act; placing the Seaport
432	Security Standards Advisory Council within the Executive
433	Office of the Governor; providing for the appointment of
434	the chair of the Seaport Security Standards Advisory
435	Council by the Governor; amending ss. 311.12, 311.123, and
436	397.331, F.S.; conforming provisions to changes made by
437	the act; repealing s. 397.332, F.S., relating to creation
438	of the Office of Drug Control; amending s. 397.333, F.S.;
439	placing the Statewide Drug Policy Advisory Council within
440	the Department of Health; revising the membership of the
441	council; directing the Department of Health to provide
442	staff support for the advisory council; amending s.
443	943.031, F.S.; naming the Policy Coordinator of the Public
444	Safety Unit of the Governor's Office of Planning and
445	Budgeting, or a designee, as a member of the Florida
446	Violent Crime and Drug Control Council and the Drug
447	Control Strategy and Criminal Gang Committee within the
448	council; conforming provisions to changes made by the act;
449	amending s. 943.042, F.S.; conforming provisions to
450	changes made by the act; providing an effective date.

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