Senate Bill sb0024Ce1

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    SB 24-C                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to domestic security; amending

  3         s. 943.03, F.S.; requiring the Department of

  4         Law Enforcement to coordinate and direct the

  5         response to acts of terrorism; requiring the

  6         executive director of the department to serve

  7         as or designate a Chief of Domestic Security

  8         Initiatives; creating s. 943.0310, F.S.;

  9         providing legislative intent with respect to

10         counter-terrorism efforts and initial responses

11         to acts of terrorism within or affecting this

12         state; creating s. 943.0311, F.S.; specifying

13         duties of the Chief of Domestic Security

14         Initiatives; requiring the chief to conduct

15         security assessments of buildings and

16         facilities owned or leased by state agencies or

17         local governments; requiring that the chief

18         recommend minimum security standards or needs

19         for security enhancement to the Governor and

20         the Legislature; requiring the chief to develop

21         recommended best practices for safety and

22         security; authorizing security assessments of

23         buildings or facilities owned by private

24         entities; requiring the executive director of

25         the department to submit recommendations

26         concerning security to the Governor and the

27         Legislature; creating s. 943.0312, F.S.;

28         requiring the Department of Law Enforcement to

29         establish a regional domestic security task

30         force in each of the department's operational

31         regions; providing for membership of the task


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    SB 24-C                                        First Engrossed



  1         forces; providing duties of the task forces

  2         with respect to coordinating training and the

  3         collection of investigative and intelligence

  4         information; requiring the Chief of Domestic

  5         Security Initiatives to recommend funding and

  6         training requirements to the Governor and the

  7         Legislature; requiring the regional task forces

  8         to provide for investigating and responding to

  9         certain hate crimes; providing for per diem and

10         travel expenses; requiring the department to

11         provide staff and administrative support for

12         the task forces; creating s. 775.30, F.S.;

13         defining the term "terrorism" for purposes of

14         the Florida Criminal Code; providing an

15         effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (14) is added to section 943.03,

20  Florida Statutes, to read:

21         943.03  Department of Law Enforcement.--

22         (14)  The department, with respect to counter-terrorism

23  efforts, responses to acts of terrorism within or affecting

24  this state, and other matters related to the domestic security

25  of Florida as it relates to terrorism, shall coordinate and

26  direct the law enforcement, initial emergency, and other

27  initial responses. The department shall work closely with the

28  Division of Emergency Management, other federal, state, and

29  local law enforcement agencies, fire and rescue agencies,

30  first-responder agencies, and others involved in preparation

31  against acts of terrorism in or affecting this state and in


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    SB 24-C                                        First Engrossed



  1  the response to such acts. The executive director of the

  2  department, or another member of the department designated by

  3  the director, shall serve as Chief of Domestic Security

  4  Initiatives for the purpose of directing and coordinating such

  5  efforts. The department and Chief of Domestic Security

  6  Initiatives shall use the regional domestic security task

  7  forces as established in this chapter to assist in such

  8  efforts.

  9         Section 2.  Section 943.0310, Florida Statutes, is

10  created to read:

11         943.0310  The Legislature finds that with respect to

12  counter-terrorism efforts and initial responses to acts of

13  terrorism within or affecting this state, specialized efforts

14  of emergency management that are unique to such situations are

15  required and that these efforts intrinsically involve very

16  close coordination of federal, state, and local law

17  enforcement agencies with the efforts of all others involved

18  in emergency-response efforts. In order to best provide this

19  specialized effort with respect to counter-terrorism efforts

20  and responses, the Legislature has determined that such

21  efforts should be coordinated by and through the Department of

22  Law Enforcement, working closely with the Division of

23  Emergency Management and others involved in preparation

24  against acts of terrorism in or affecting this state, and in

25  the initial response to such acts.

26         Section 3.  Section 943.0311, Florida Statutes, is

27  created to read:

28         943.0311  Chief of Domestic Security Initiatives and

29  the department's duties with respect to domestic

30  security.--The executive director of the department, or a

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    SB 24-C                                        First Engrossed



  1  member of the department designated by the executive director,

  2  shall serve as the Chief of Domestic Security Initiatives.

  3         (1)  The Chief of Domestic Security Initiatives shall:

  4         (a)  Coordinate the efforts of the department in the

  5  ongoing assessment of this state's vulnerability to, and

  6  ability to detect and respond to, acts of terrorism, as

  7  defined in s. 775.30, within or affecting this state.

  8         (b)  Prepare recommendations for the Executive Office

  9  of the Governor, the President of the Senate, and the Speaker

10  of the House of Representatives which are based upon ongoing

11  assessments to limit the vulnerability of the state to

12  terrorism.

13         (c)  Coordinate the collection of proposals to limit

14  the vulnerability of the state to terrorism.

15         (d)  Use regional task forces to support the duties of

16  the department set forth in this section.

17         (e)  Use public or private resources to perform the

18  duties assigned to the department under this section.

19         (f)  Perform other duties assigned by law.

20         (2)(a)  The chief shall conduct specific security

21  assessments of buildings and facilities owned or leased by

22  state agencies or local governments. All state agencies and

23  local governments shall cooperate with the department and

24  provide requested information and resources to assist the

25  department in meeting its responsibilities under this section.

26         (b)  Based upon the security assessments, the chief

27  shall prepare recommendations to enhance the security of

28  buildings and facilities owned or leased by state agencies or

29  local governments.

30         (c)  The chief shall report to the Executive Office of

31  the Governor, the President of the Senate, and the Speaker of


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    SB 24-C                                        First Engrossed



  1  the House of Representatives recommended minimum security

  2  standards or security-enhancement needs for any building or

  3  facility owned or leased by a state agency or local

  4  government. The report must identify and prioritize the

  5  recommended security enhancements and provide recommendations

  6  to maximize federal funding in support of building and

  7  facility security.

  8         (3)  The chief shall develop and submit to the

  9  Executive Office of the Governor, the President of the Senate,

10  and the Speaker of the House of Representatives recommended

11  best practices for safety and security. The recommended best

12  practices are not a rule as defined in chapter 120. The chief

13  shall review the recommended best practices as necessary, but

14  at least once each year, and shall submit any recommended

15  changes to the Executive Office of the Governor, the President

16  of the Senate, and the Speaker of the House of

17  Representatives.

18         (4)  The chief may conduct specific security

19  assessments of a building or facility owned by a private

20  entity upon the request of that private entity. The chief may

21  prioritize requests, and such prioritization is not agency

22  action that is subject to review under chapter 120. The chief

23  may solicit private entities for the purpose of receiving

24  requests to perform security assessments of buildings or

25  facilities. Private entities are urged to cooperate with and

26  assist the department in meeting its responsibilities for

27  domestic security.

28         (5)  By November 1 of each year, the executive director

29  shall compile, coordinate, and prioritize recommendations and

30  proposals concerning security and shall present the

31  recommendations and proposals to the Executive Office of the


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    SB 24-C                                        First Engrossed



  1  Governor, the President of the Senate, and the Speaker of the

  2  House of Representatives. All recommendations seeking funding

  3  shall be prioritized, with critical domestic security needs

  4  requiring immediate or top-priority funding being clearly

  5  identified. Such recommendations shall include recommendations

  6  to maximize federal funding in support of the state's

  7  domestic-security efforts.

  8         Section 4.  Section 943.0312, Florida Statutes, is

  9  created to read:

10         943.0312  Regional domestic security task forces.--The

11  Legislature finds that there is a need to develop and

12  implement a statewide strategy to address preparation and

13  response efforts by federal, state, and local law enforcement

14  agencies, emergency management agencies, fire and rescue

15  departments, first-responder personnel and others in dealing

16  with potential or actual terrorist acts within or affecting

17  this state.

18         (1)  To assist the department and the Chief of Domestic

19  Security Initiatives in performing their roles and duties in

20  this regard, the department shall establish a regional

21  domestic security task force in each of the department's

22  operational regions. The task forces shall serve in an

23  advisory capacity to the department and the Chief of Domestic

24  Security Initiatives.

25         (a)  Subject to annual appropriation, the department

26  shall provide dedicated employees to support the function of

27  each regional domestic security task force.

28         (b)  Each task force shall be co-chaired by the

29  department's regional director of the operational region in

30  which the task force is located and by a local sheriff or

31  chief of police from within the operational region.


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    SB 24-C                                        First Engrossed



  1         (c)  Each task force membership may also include an

  2  available representative from the Division of Emergency

  3  Management; an available representative from the Department of

  4  Health; an available representative of a local emergency

  5  planning committee; representatives of state and local law

  6  enforcement agencies, fire and rescue departments, or

  7  first-responder personnel; and other persons as deemed

  8  appropriate and necessary by the task force co-chairs.

  9         (2)  The goals of each task force shall include

10  coordinating efforts to counter terrorism, as defined by s.

11  775.30, among local, state, and federal resources to ensure

12  that such efforts are not fragmented or unnecessarily

13  duplicated; coordinating training for local and state

14  personnel to counter terrorism as defined by s. 775.30;

15  coordinating the collection and dissemination of investigative

16  and intelligence information; and facilitating responses to

17  terrorist incidents within or affecting each region. With the

18  approval of the Chief of Domestic Security Initiatives, the

19  task forces may incorporate other objectives reasonably

20  related to the goals of enhancing the state's domestic

21  security and ability to detect, prevent, and respond to acts

22  of terrorism within or affecting this state. Each task force

23  shall take into account the variety of conditions and

24  resources present within its region.

25         (3)  The Chief of Domestic Security Initiatives, in

26  conjunction with the Division of Emergency Management, the

27  regional domestic security task forces, and the various state

28  entities responsible for establishing training standards

29  applicable to state law enforcement officers and fire,

30  emergency, and first-responder personnel shall identify

31  appropriate equipment and training needs, curricula, and


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    SB 24-C                                        First Engrossed



  1  materials related to the effective response to suspected or

  2  actual acts of terrorism or incidents involving real or hoax

  3  weapons of mass destruction as defined in s. 790.166.

  4  Recommendations for funding for purchases of equipment,

  5  delivery of training, implementation of, or revision to basic

  6  or continued training required for state licensure or

  7  certification, or other related responses shall be made by the

  8  Chief of Domestic Security Initiatives to the Executive Office

  9  of the Governor, the President of the Senate, and the Speaker

10  of the House of Representatives as necessary to assure that

11  the needs of this state with regard to the equipping,

12  outfitting, and training of response personnel are identified

13  and addressed. In making such recommendations, the Chief of

14  Domestic Security Initiatives and the Division of Emergency

15  Management shall identify all funding sources that may be

16  available to fund such equipping, outfitting, and training.

17         (4)  Each regional domestic security task force,

18  working in conjunction with the department, the Office of the

19  Attorney General, and other public or private entities, shall

20  work to ensure that hate-driven acts against ethnic groups

21  that may have been targeted as a result of acts of terrorism

22  in or affecting this state are appropriately investigated and

23  responded to.

24         (5)  Members of each regional domestic security task

25  force may not receive any pay other than their salaries

26  normally received from their employers, but are entitled to

27  reimbursement for per diem and travel expenses in accordance

28  with s. 112.061.

29         (6)  Subject to annual appropriation, the Department of

30  Law Enforcement shall provide staff and administrative support

31  for the regional domestic security task forces.


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    SB 24-C                                        First Engrossed



  1         Section 5.  Section 775.30, Florida Statutes, is

  2  created to read:

  3         775.30  Terrorism; defined.--As used in the Florida

  4  Criminal Code, the term "terrorism" means an activity that:

  5         (1)(a)  Involves a violent act or an act dangerous to

  6  human life which is a violation of the criminal laws of this

  7  state or of the United States; or

  8         (b)  Involves a violation of s. 815.06; and

  9         (2)  Is intended to:

10         (a)  Intimidate, injure, or coerce a civilian

11  population;

12         (b)  Influence the policy of a government by

13  intimidation or coercion; or

14         (c)  Affect the conduct of government through

15  destruction of property, assassination, murder, kidnapping, or

16  aircraft piracy.

17         Section 6.  This act shall take effect upon becoming a

18  law.

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