Senate Bill sb1414c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 1414

    By the Committees on Governmental Oversight and Productivity;
    and Domestic Security




    585-2189-05

  1                      A bill to be entitled

  2         An act relating to domestic security; amending

  3         s. 943.03101, F.S.; providing legislative

  4         findings with respect to the need to coordinate

  5         counter-terrorism efforts and responses in

  6         accordance with the state comprehensive

  7         emergency management plan; amending s.

  8         943.0311, F.S.; clarifying duties of the Chief

  9         of Domestic Security Initiatives; amending s.

10         943.0312, F.S., relating to the regional

11         domestic security task forces; revising the

12         statewide strategy with respect to domestic

13         security to include prevention, protection, and

14         recovery efforts; requiring that the regional

15         task forces support the domestic security

16         functions of the Department of Law Enforcement;

17         revising the membership of the task forces;

18         authorizing the co-chair of each task force to

19         appoint subcommittees to address specified

20         issues; revising the duties of the Chief of

21         Domestic Security Initiatives; creating s.

22         943.0313, F.S.; creating the Domestic Security

23         Oversight Council to act as an advisory council

24         to guide the regional domestic security task

25         forces and other domestic security working

26         groups and to make recommendations to the

27         Governor and Legislature; providing the

28         membership of the council; authorizing the

29         council to invite ex officio, nonvoting members

30         to attend and participate in council meetings;

31         providing for a chair and vice chair of the

                                  1

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1         council; providing for an absent member to be

 2         represented by a designee; requiring the

 3         council to establish bylaws; providing for

 4         terms of membership; providing that members or

 5         designees are entitled to reimbursement for per

 6         diem and travel expenses; requiring the

 7         Department of Law Enforcement to provide staff

 8         for the council; providing meeting

 9         requirements; requiring the council to

10         establish an executive committee and specifying

11         members; providing the duties of the council;

12         requiring the council to make annual funding

13         recommendations; requiring an annual report to

14         the Governor and Legislature; providing that

15         the council is a criminal justice agency for

16         purposes of the public-records law; providing

17         an effective date.

18  

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

20  

21         Section 1.  Section 943.03101, Florida Statutes, is

22  amended to read:

23         943.03101  Counter-terrorism coordination.--The

24  Legislature finds that with respect to counter-terrorism

25  efforts and initial responses to acts of terrorism within or

26  affecting this state, specialized efforts of emergency

27  management that are unique to such situations are required and

28  that these efforts intrinsically involve very close

29  coordination of federal, state, and local law enforcement

30  agencies with the efforts of all others involved in

31  emergency-response efforts. In order to best provide this

                                  2

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1  specialized effort with respect to counter-terrorism efforts

 2  and responses, the Legislature has determined that such

 3  efforts should be coordinated by and through the Department of

 4  Law Enforcement, working closely with the Division of

 5  Emergency Management and others involved in preparation

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

 7  the initial response to such acts, in accordance with the

 8  state comprehensive emergency management plan pursuant to s.

 9  252.35(2)(a).

10         Section 2.  Paragraph (a) of subsection (1) of section

11  943.0311, Florida Statutes, is amended to read:

12         943.0311  Chief of Domestic Security Initiatives;

13  duties of the department with respect to domestic security.--

14         (1)  The executive director of the department, or a

15  member of the department designated by the executive director,

16  shall serve as the Chief of Domestic Security Initiatives. The

17  Chief of Domestic Security Initiatives shall:

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

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

20  ability to detect, prevent, prepare for, respond to, and

21  recover from and respond to, acts of terrorism within or

22  affecting this state.

23         Section 3.  Section 943.0312, Florida Statutes, is

24  amended to read:

25         943.0312  Regional domestic security task forces.--The

26  Legislature finds that there is a need to develop and

27  implement a statewide strategy to address prevention,

28  preparation, protection, and response, and recovery efforts by

29  federal, state, and local law enforcement agencies, emergency

30  management agencies, fire and rescue departments,

31  

                                  3

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1  first-responder personnel and others in dealing with potential

 2  or actual terrorist acts within or affecting this state.

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

 4  Security Initiatives in performing their roles and duties in

 5  this regard, the department shall establish a regional

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

 7  operational regions. The task forces shall serve in an

 8  advisory capacity to the department and the Chief of Domestic

 9  Security Initiatives and shall provide support to the

10  department in its performance of functions pertaining to

11  domestic security.

12         (a)  Subject to annual appropriation, the department

13  shall provide dedicated employees to support the function of

14  each regional domestic security task force.

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

16  department's special agent in charge regional director of the

17  operational region in which the task force is located and by a

18  local sheriff or chief of police from within the operational

19  region.

20         (c)  Each task force membership may also include

21  representatives of state and local law enforcement agencies,

22  fire and rescue departments, or first-responder personnel;

23  representatives of emergency management agencies and health,

24  medical, and hospital agencies; representatives an available

25  representative from the Division of Emergency Management; an

26  available representative from the Department of Health; an

27  available representative of a local emergency planning

28  committees committee; representatives of state and local law

29  enforcement agencies, fire and rescue departments, or

30  first-responder personnel; and other persons as deemed

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

                                  4

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1         (d)  The co-chairs of each task force may appoint

 2  subcommittees and subcommittee chairs as necessary in order to

 3  address issues related to the various disciplines represented

 4  on the task force, except that subcommittee chairs for

 5  emergency management shall be appointed with the approval of

 6  the Director of the Division of Emergency Management. A

 7  subcommittee chair shall serve at the pleasure of the

 8  co-chairs.

 9         (2)  In accordance with the state's strategic goals and

10  objectives for domestic security, The goals of each task force

11  shall coordinate include coordinating efforts to counter

12  terrorism, as defined by s. 775.30, among local, state, and

13  federal resources to ensure that such efforts are not

14  fragmented or unnecessarily duplicated; coordinate

15  coordinating training for local and state personnel to counter

16  terrorism as defined by s. 775.30; coordinate coordinating the

17  collection and dissemination of investigative and intelligence

18  information; and facilitate facilitating responses to

19  terrorist incidents within or affecting each region. With the

20  approval of the Chief of Domestic Security Initiatives, the

21  task forces may incorporate other objectives reasonably

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

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

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

25  shall take into account the variety of conditions and

26  resources present within its region.

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

28  conjunction with the Division of Emergency Management, the

29  regional domestic security task forces, and the various state

30  entities responsible for establishing training standards

31  applicable to state law enforcement officers and fire,

                                  5

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1  emergency, and first-responder personnel shall identify

 2  appropriate equipment and training needs, curricula, and

 3  materials related to the effective response to suspected or

 4  actual acts of terrorism or incidents involving real or hoax

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

 6  Recommendations for funding for purchases of equipment,

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

 8  or continued training required for state licensure or

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

10  Chief of Domestic Security Initiatives to the Domestic

11  Security Oversight Council, the Executive Office of the

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

13  House of Representatives as necessary to assure that the needs

14  of this state with regard to the preparing, equipping,

15  outfitting, and training, and exercising of response personnel

16  are identified and addressed. In making such recommendations,

17  the Chief of Domestic Security Initiatives and the Division of

18  Emergency Management shall identify all funding sources that

19  may be available to fund such efforts equipping, outfitting,

20  and training.

21         (4)  Each regional domestic security task force,

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

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

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

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

26  in or affecting this state are appropriately investigated and

27  responded to.

28         (5)  Members of each regional domestic security task

29  force may not receive any pay other than their salaries

30  normally received from their employers, but are entitled to

31  

                                  6

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1  reimbursement for per diem and travel expenses in accordance

 2  with s. 112.061.

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

 4  Law Enforcement shall provide staff and administrative support

 5  for the regional domestic security task forces.

 6         Section 4.  Section 943.0313, Florida Statutes, is

 7  created to read:

 8         943.0313  Domestic Security Oversight Council.--The

 9  Legislature finds that there exists a need to provide

10  executive direction and leadership with respect to terrorism

11  prevention, preparation, protection, response, and recovery

12  efforts by state and local agencies in this state. In

13  recognition of this need, the State Domestic Security

14  Oversight Council is created. The council shall serve as an

15  advisory council pursuant to s. 20.03(7) to provide guidance

16  to the state's regional domestic security task forces and

17  other domestic security working groups and to make

18  recommendations to the Governor and Legislature regarding the

19  expenditure of funds and allocation of resources related to

20  counter-terrorism and domestic security efforts.

21         (1)  MEMBERSHIP.--

22         (a)  The council shall be comprised of the following

23  voting members:

24         1.  The Executive Director of the Department of Law

25  Enforcement.

26         2.  The Director of the Division of Emergency

27  Management within the Department of Community Affairs.

28         3.  The Attorney General.

29         4.  The Commissioner of Agriculture.

30         5.  The Secretary of Health.

31         6.  The Commissioner of Education.

                                  7

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1         7.  The State Fire Marshal.

 2         8.  The Adjutant General of the Florida National Guard.

 3         9.  The Chief Information Officer of the State

 4  Technology Office within the Department of Management

 5  Services.

 6         10.  Each sheriff or chief of police who serves as a

 7  co-chair of a regional domestic security task force pursuant

 8  to s. 943.0312(1)(b).

 9         11.  Each special agent in charge with the Department

10  of Law Enforcement who serves as a co-chair of a regional

11  domestic security task force pursuant to s. 943.0312(1)(b).

12         12.  Two representatives of the Florida Fire Chiefs

13  Association.

14         13.  One representative of the Florida Police Chiefs

15  Association.

16         14.  One representative of the Florida Prosecuting

17  Attorneys Association.

18         15.  The chair of the Statewide Domestic Security

19  Intelligence Committee.

20         16.  One representative of the Florida Hospital

21  Association.

22         17.  One representative of the Florida Emergency

23  Medical Services Advisory Council.

24         18.  One representative of the Florida Emergency

25  Preparedness Association.

26         19.  One representative of the Florida Seaport

27  Transportation and Economic Development Council.

28         (b)  In addition, the council may invite other ex

29  officio, nonvoting members to attend and participate in

30  council meetings. Those nonvoting members may include, but

31  need not be limited to:

                                  8

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1         1.  The Executive Director of the Department of Highway

 2  Safety and Motor Vehicles.

 3         2.  The Secretary of Health Care Administration.

 4         3.  The Secretary of Environmental Protection.

 5         4.  The Director of the Division of Law Enforcement

 6  within the Fish and Wildlife Conservation Commission.

 7         5.  A representative of the Commission on Human

 8  Relations.

 9         6.  A representative of the United States Coast Guard.

10         7.  A United States Attorney from a federal judicial

11  circuit within this state.

12         8.  A special agent in charge from an office of the

13  Federal Bureau of Investigation within this state.

14         (2)  TERMS OF MEMBERSHIP; OFFICERS; COMPENSATION and

15  STAFF.--

16         (a)  The Legislature finds that the council serves a

17  legitimate state, county, and municipal purpose and that

18  service on the council is consistent with a member's principal

19  service in public office or employment. Membership on the

20  council does not disqualify a member from holding any other

21  public office or being employed by a public entity, except

22  that a member of the Legislature may not serve on the council.

23         (b)  The Executive Director of the Department of Law

24  Enforcement shall serve as chair of the council and the

25  Director of the Division of Emergency Management within the

26  Department of Community Affairs shall serve as vice chair of

27  the council. In the absence of the chair, the vice chair shall

28  serve as chair. In the absence of the vice chair, the chair

29  may name any member of the council to perform the duties of

30  the chair if such substitution does not extend beyond a

31  defined meeting, duty, or period of time.

                                  9

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1         (c)  Any voting member who is absent from a meeting may

 2  be represented by a designate who may act on any issue before

 3  the council to the same extent as the designating member. If a

 4  co-chair of a regional domestic security task force is absent

 5  from a council meeting, the co-chair shall appoint a

 6  subcommittee chair of that task force as the designate.

 7         (d)  The council shall establish bylaws for its general

 8  governance.

 9         (e)  Each member shall be appointed to a 4-year term,

10  except that if any member of the council ceases to hold the

11  office or employment that was the basis for membership, that

12  member's term shall cease.

13         (f)  Representatives from agencies or organizations

14  other than those designated by title shall be chosen by the

15  entity. Except for those individuals designated by title,

16  council members shall be certified annually to the chair by

17  the organizations they represent.

18         (g)  Members of the council or their designees shall

19  serve without compensation, but are entitled to reimbursement

20  for per diem and travel expenses pursuant to s. 112.061.

21         (h)  The Department of Law Enforcement shall provide

22  the council with staff necessary to assist in the performance

23  of its duties.

24         (3)  MEETINGS.--The council must meet at least

25  semiannually. Additional meetings may be held as necessary. A

26  majority of the members of the council constitutes a quorum.

27         (4)  EXECUTIVE COMMITTEE.--

28         (a)  The council shall establish an executive committee

29  that shall serve as the approving authority for matters to be

30  brought before the council for consideration. The executive

31  

                                  10

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1  committee may act on behalf of the council for matters needing

 2  expedited consideration.

 3         (b)  The following members of the Domestic Security

 4  Oversight Council shall serve as the executive committee of

 5  the council:

 6         1.  The Executive Director of the Department of Law

 7  Enforcement.

 8         2.  The Director of the Division of Emergency

 9  Management within the Department of Community Affairs.

10         3.  The Attorney General.

11         4.  The Commissioner of Agriculture.

12         5.  The Secretary of Health.

13         6.  The Commissioner of Education.

14         7.  The State Fire Marshal.

15         (c)  The Executive Director of the Department of Law

16  Enforcement shall serve as chair of the executive committee.

17  The Director of the Division of Emergency Management within

18  the Department of Community Affairs shall serve as the vice

19  chair.

20         (5)  DUTIES OF THE COUNCIL.--

21         (a)  The Domestic Security Oversight Council shall

22  serve as an advisory council to the Governor, the Legislature,

23  and the Executive Director of the Department of Law

24  Enforcement in his or her role as the Chief of Domestic

25  Security Initiatives. The council shall:

26         1.  Review the development, maintenance, and operation

27  of a comprehensive multidisciplinary domestic security

28  strategy that will guide the state's prevention, preparedness,

29  protection, response, and recovery efforts against terrorist

30  attacks and make appropriate recommendations to ensure the

31  implementation of that strategy.

                                  11

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1         2.  Review the development of integrated funding plans

 2  to support specific projects, goals, and objectives necessary

 3  to the domestic security strategy and make appropriate

 4  recommendations to implement those plans.

 5         3.  Review and recommend approval of prioritized

 6  recommendations from regional domestic security task forces

 7  and state working groups on the use of available funding to

 8  ensure the use of such funds in a manner that best promotes

 9  the goals of statewide, regional, and local domestic security

10  through coordinated planning and implementation strategies.

11         4.  Review and recommend approval of statewide policies

12  and operational protocols that support the domestic security

13  efforts of the regional domestic security task forces and

14  state agencies.

15         5.  Review the overall statewide effectiveness of

16  domestic security and counter-terrorism efforts in order to

17  provide suggestions to improve or enhance those efforts.

18         6.  Review the efforts of any agency or entity involved

19  in state or local domestic security and counter-terrorism

20  efforts which requests assistance or which appears to need

21  such review in order to provide suggestions to improve or

22  enhance those efforts.

23         7.  Review efforts within the state to better secure

24  state and local infrastructure against terrorist attack and

25  make recommendations to enhance the effectiveness of such

26  efforts.

27         8.  Review and recommend legislative initiatives

28  related to the state's domestic security and provide

29  endorsement or recommendations to enhance the effectiveness of

30  such efforts.

31  

                                  12

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1         9.  Review state responses of mobilization of multiple

 2  agencies in response to major domestic security incidents and

 3  recommend suggestions for training, improving response

 4  efforts, and coordination, or recommend other strategies

 5  derived from that review.

 6         10.  Conduct any additional review or inquiry or make

 7  recommendations to the Governor and Legislature in support of

 8  other initiatives, as may be necessary, to fulfill the

 9  function of general oversight of the state's domestic security

10  and counter-terrorism efforts and to promote increased

11  security.

12         11.  Promote and preserve intergovernmental cooperation

13  and consensus among state and local agencies, the federal

14  government, private entities, other states, and other nations,

15  as appropriate under the guidance of the Governor.

16         (b)  The Domestic Security Oversight Council shall make

17  an annual funding recommendation to the Governor and

18  Legislature which shall prioritize funding requests based on

19  allocations from all available sources for implementing the

20  state's domestic security strategy. This recommendation must

21  include the prioritized recommendations of each of the

22  regional domestic security task forces and the various working

23  groups that participate in the prioritization process for

24  funding allocations. The recommendation must reflect the

25  consideration of strategic priorities and allocations that

26  best serve the state's overall domestic security needs. The

27  recommendation shall be transmitted to the Governor by

28  December 31 of each year. If additional funds become

29  available, or reallocation of funding is required beyond

30  current spending authorizations, the council may make

31  

                                  13

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






    Florida Senate - 2005                           CS for SB 1414
    585-2189-05




 1  recommendations to the Governor for consideration by the

 2  Legislative Budget Commission.

 3         (6)  REPORTS.--The council shall report annually on its

 4  activities, on or before December 31 of each calendar year, to

 5  the Governor, the President of the Senate, the Speaker of the

 6  House of Representatives, and the chairs of the Senate and

 7  House of Representatives committees having principal

 8  jurisdiction over domestic security.

 9         (7)  AGENCY DESIGNATION.--For purposes of this section,

10  the Domestic Security Oversight Council shall be considered a

11  "criminal justice agency" within the definition of s.

12  119.011(4).

13         Section 5.  This act shall take effect upon becoming a

14  law.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 1414

18                                 

19  Corrects a scrivener's error.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  14

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