Florida Senate - 2011 SENATOR AMENDMENT
Bill No. SB 2104
Barcode 205014
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/3R .
04/07/2011 12:27 PM .
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Senator Fasano moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1), (3), and (4) of section
6 14.2019, Florida Statutes, are amended to read:
7 14.2019 Statewide Office for Suicide Prevention.—
8 (1) The Statewide Office for Suicide Prevention shall be
9 located in the Department of Children and Family Services is
10 created as a unit of the Office of Drug Control within the
11 Executive Office of the Governor.
12 (3) Contingent upon a specific appropriation, the director
13 of the Statewide Office for Suicide Prevention of Drug Control
14 shall employ a coordinator for the Statewide office for Suicide
15 Prevention who shall work under the direction of the director to
16 achieve the goals and objectives set forth in this section.
17 (4) The Statewide Office for Suicide Prevention may seek
18 and accept grants or funds from any federal, state, or local
19 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 Section 2. Subsection (2) of section 14.20195, Florida
29 Statutes, are amended to read:
30 14.20195 Suicide Prevention Coordinating Council; creation;
31 membership; duties.—There is created within the Statewide Office
32 for Suicide Prevention a Suicide Prevention Coordinating
33 Council. The council shall develop strategies for preventing
34 suicide.
35 (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
36 shall consist of 27 28 voting members and one nonvoting member.
37 (a) Thirteen members shall be appointed by the director of
38 the Statewide Office for Suicide Prevention of Drug Control and
39 shall represent the following organizations:
40 1. The Florida Association of School Psychologists.
41 2. The Florida Sheriffs Association.
42 3. The Suicide Prevention Action Network USA.
43 4. The Florida Initiative of Suicide Prevention.
44 5. The Florida Suicide Prevention Coalition.
45 6. The American Foundation of Suicide Prevention.
46 7. The Florida School Board Association.
47 8. The National Council for Suicide Prevention.
48 9. The state chapter of AARP.
49 10. The Florida Alcohol and Drug Abuse Association.
50 11. The Florida Council for Community Mental Health.
51 12. The Florida Counseling Association.
52 13. NAMI Florida.
53 (b) The following state officials or their designees shall
54 serve on the coordinating council:
55 1. The Secretary of Elderly Affairs.
56 2. The State Surgeon General.
57 3. The Commissioner of Education.
58 4. The Secretary of Health Care Administration.
59 5. The Secretary of Juvenile Justice.
60 6. The Secretary of Corrections.
61 7. The executive director of the Department of Law
62 Enforcement.
63 8. The executive director of the Department of Veterans’
64 Affairs.
65 9. The Secretary of Children and Family Services.
66 10. The director of the Agency for Workforce Innovation.
67 (c) The Governor shall appoint four additional members to
68 the coordinating council. The appointees must have expertise
69 that is critical to the prevention of suicide or represent an
70 organization that is not already represented on the coordinating
71 council.
72 (d) For the members appointed by the director of the
73 Statewide Office for Suicide Prevention of Drug Control, seven
74 members shall be appointed to initial terms of 3 years, and
75 seven members shall be appointed to initial terms of 4 years.
76 For the members appointed by the Governor, two members shall be
77 appointed to initial terms of 4 years, and two members shall be
78 appointed to initial terms of 3 years. Thereafter, such members
79 shall be appointed to terms of 4 years. Any vacancy on the
80 coordinating council shall be filled in the same manner as the
81 original appointment, and any member who is appointed to fill a
82 vacancy occurring because of death, resignation, or
83 ineligibility for membership shall serve only for the unexpired
84 term of the member’s predecessor. A member is eligible for
85 reappointment.
86 (e) The director of the Statewide Office for Suicide
87 Prevention of Drug Control shall be a nonvoting member of the
88 coordinating council and shall act as chair.
89 (f) Members of the coordinating council shall serve without
90 compensation. Any member of the coordinating council who is a
91 public employee is entitled to reimbursement for per diem and
92 travel expenses as provided in s. 112.061.
93 Section 3. Section 311.115, Florida Statutes, is repealed.
94 Section 4. Subsections (1), (3), (8), (10), and (11) of
95 section 311.12, Florida Statutes, are amended to read:
96 311.12 Seaport security.—
97 (1) SECURITY STANDARDS.—
98 (a) The statewide minimum standards for seaport security
99 applicable to seaports listed in s. 311.09 shall be those based
100 on the Florida Seaport Security Assessment 2000 and set forth in
101 the Port Security Standards Compliance Plan delivered to the
102 Speaker of the House of Representatives and the President of the
103 Senate on December 11, 2000. The Office of Drug Control within
104 the Executive Office of the Governor shall maintain a sufficient
105 number of copies of the standards at its offices for
106 distribution to the public and provide copies to each affected
107 seaport upon request.
108 (b) A seaport may implement security measures that are more
109 stringent, more extensive, or supplemental to the minimum
110 security standards established by this subsection.
111 (c) The provisions of s. 790.251 are not superseded,
112 preempted, or otherwise modified in any way by the provisions of
113 this section.
114 (3) SECURITY PLAN.—Each seaport listed in s. 311.09 shall
115 adopt and maintain a security plan specific to that seaport
116 which provides for a secure seaport infrastructure that promotes
117 the safety and security of state residents and visitors and the
118 flow of legitimate trade and travel.
119 (a) Every 5 years after January 1, 2007, each seaport
120 director, with the assistance of the Regional Domestic Security
121 Task Force and in conjunction with the United States Coast
122 Guard, shall revise the seaport’s security plan based on the
123 director’s ongoing assessment of security risks, the risks of
124 terrorist activities, and the specific and identifiable needs of
125 the seaport for ensuring that the seaport is in substantial
126 compliance with the minimum security standards established under
127 subsection (1).
128 (b) Each adopted or revised security plan must be reviewed
129 and approved by the Office of Drug Control and the Department of
130 Law Enforcement for compliance with federal facility security
131 assessment requirements under 33 C.F.R. s. 105.305 and the
132 minimum security standards established under subsection (1).
133 Within 30 days after completion, a copy of the written review
134 shall be delivered to the United States Coast Guard, the
135 Regional Domestic Security Task Force, and the Domestic Security
136 Oversight Council.
137 (8) WAIVER FROM SECURITY REQUIREMENTS.—The Office of Drug
138 Control and the Department of Law Enforcement may modify or
139 waive any physical facility requirement or other requirement
140 contained in the minimum security standards upon a determination
141 that the purposes of the standards have been reasonably met or
142 exceeded by the seaport requesting the modification or waiver.
143 An alternate means of compliance must not diminish the safety or
144 security of the seaport and must be verified through an
145 extensive risk analysis conducted by the seaport director.
146 (a) Waiver requests shall be submitted in writing, along
147 with supporting documentation, to the Office of Drug Control and
148 the Department of Law Enforcement. The office and the department
149 has have 90 days to jointly grant or reject the waiver, in whole
150 or in part.
151 (b) The seaport may submit any waivers that are not granted
152 or are jointly rejected to the Domestic Security Oversight
153 Council for review within 90 days. The council shall recommend
154 that the Office of Drug Control and the Department of Law
155 Enforcement grant the waiver or reject the waiver, in whole or
156 in part. The office and the department shall give great weight
157 to the council’s recommendations.
158 (c) A request seeking a waiver from the seaport law
159 enforcement personnel standards established under s. 311.122(3)
160 may not be granted for percentages below 10 percent.
161 (d) Any modifications or waivers granted under this
162 subsection shall be noted in the annual report submitted by the
163 Department of Law Enforcement pursuant to subsection (10).
164 (10) REPORTS.—The Department of Law Enforcement, in
165 consultation with the Office of Drug Control, shall annually
166 complete a report indicating the observations and findings of
167 all reviews, inspections, or other operations relating to the
168 seaports conducted during the year and any recommendations
169 resulting from such reviews, inspections, and operations. A copy
170 of the report shall be provided to the Governor, the President
171 of the Senate, the Speaker of the House of Representatives, the
172 governing body of each seaport or seaport authority, and each
173 seaport director. The report must include each director’s
174 response indicating what actions, if any, have been taken or are
175 planned to be taken pursuant to the observations, findings, and
176 recommendations reported by the department.
177 (11) FUNDING.—
178 (a) In making decisions regarding security projects or
179 other funding applicable to each seaport listed in s. 311.09,
180 the Legislature may consider the Department of Law Enforcement’s
181 annual report under subsection (10) as authoritative, especially
182 regarding each seaport’s degree of substantial compliance with
183 the minimum security standards established in subsection (1).
184 (b) The Legislature shall regularly review the ongoing
185 costs of operational security on seaports, the impacts of this
186 section on those costs, mitigating factors that may reduce costs
187 without reducing security, and the methods by which seaports may
188 implement operational security using a combination of sworn law
189 enforcement officers and private security services.
190 (c) Subject to the provisions of this chapter and
191 appropriations made for seaport security, state funds may not be
192 expended for security costs without certification of need for
193 such expenditures by the Office of Ports Administrator within
194 the Department of Law Enforcement.
195 (d) If funds are appropriated for seaport security, the
196 Office of Drug Control, the Department of Law Enforcement, and
197 the Florida Seaport Transportation and Economic Development
198 Council shall mutually determine the allocation of such funds
199 for security project needs identified in the approved seaport
200 security plans. Any seaport that receives state funds for
201 security projects must enter into a joint participation
202 agreement with the appropriate state entity and use the seaport
203 security plan as the basis for the agreement.
204 1. If funds are made available over more than 1 fiscal
205 year, the agreement must reflect the entire scope of the project
206 approved in the security plan and, as practicable, allow for
207 reimbursement for authorized projects over more than 1 year.
208 2. The agreement may include specific timeframes for
209 completion of a security project and the applicable funding
210 reimbursement dates. The agreement may also require a
211 contractual penalty of up to $1,000 per day to be imposed for
212 failure to meet project completion dates if state funding is
213 available. Any such penalty shall be deposited into the State
214 Transportation Trust Fund and used for seaport security
215 operations and capital improvements.
216 Section 5. Subsection (1) of section 311.123, Florida
217 Statutes, is amended to read:
218 311.123 Maritime domain security awareness training
219 program.—
220 (1) The Florida Seaport Transportation and Economic
221 Development Council, in conjunction with the Department of Law
222 Enforcement and the Office of Drug Control within the Executive
223 Office of the Governor, shall create a maritime domain security
224 awareness training program to instruct all personnel employed
225 within a seaport’s boundaries about the security procedures
226 required of them for implementation of the seaport security plan
227 required under s. 311.12(3).
228 Section 6. Paragraphs (a), (b), and (c) of subsection (1)
229 of section 397.333, Florida Statutes, are amended to read:
230 397.333 Statewide Drug Policy Advisory Council.—
231 (1)(a) The Statewide Drug Policy Advisory Council shall be
232 located in the Department of Health is created within the
233 Executive Office of the Governor. The Surgeon General or his or
234 her designee director of the Office of Drug Control shall be a
235 nonvoting, ex officio member of the advisory council and shall
236 act as chairperson. The director of the Office of Planning and
237 Budgeting or his or her designee shall be a nonvoting, ex
238 officio member of the advisory council. The Department of Health
239 or it successor agency Office of Drug Control and the Office of
240 Planning and Budgeting shall provide staff support for the
241 advisory council.
242 (b) The following state officials shall be appointed to
243 serve on the advisory council:
244 1. The Attorney General, or his or her designee.
245 2. The executive director of the Department of Law
246 Enforcement, or his or her designee.
247 3. The Secretary of Children and Family Services, or his or
248 her designee.
249 4. The director of the Office of Planning and Budgeting in
250 the Executive Office of the Governor State Surgeon General, or
251 his or her designee.
252 5. The Secretary of Corrections, or his or her designee.
253 6. The Secretary of Juvenile Justice, or his or her
254 designee.
255 7. The Commissioner of Education, or his or her designee.
256 8. The executive director of the Department of Highway
257 Safety and Motor Vehicles, or his or her designee.
258 9. The Adjutant General of the state as the Chief of the
259 Department of Military Affairs, or his or her designee.
260 (c) In addition, the Governor shall appoint 7 11 members of
261 the public to serve on the advisory council. Of the 7 11
262 appointed members, one member must have professional or
263 occupational expertise in drug enforcement, one member must have
264 professional or occupational expertise in substance abuse
265 prevention, one member must have professional or occupational
266 expertise in substance abuse treatment, and two members must
267 have professional or occupational expertise in faith-based
268 substance abuse treatment services. The remainder of the members
269 appointed should have professional or occupational expertise in,
270 or be generally knowledgeable about, issues that relate to drug
271 enforcement and substance abuse programs and services. The
272 members appointed by the Governor must, to the extent possible,
273 equitably represent all geographic areas of the state.
274 Section 7. Paragraph (b) of subsection (2) and subsections
275 (11) and (13) of section 893.055, Florida Statutes, are amended
276 to read:
277 893.055 Prescription drug monitoring program.—
278 (2)
279 (b) The department, when the direct support organization
280 receives at least $20,000 in nonstate moneys or the state
281 receives at least $20,000 in federal grants for the prescription
282 drug monitoring program, and in consultation with the Office of
283 Drug Control, shall adopt rules as necessary concerning the
284 reporting, accessing the database, evaluation, management,
285 development, implementation, operation, security, and storage of
286 information within the system, including rules for when patient
287 advisory reports are provided to pharmacies and prescribers. The
288 patient advisory report shall be provided in accordance with s.
289 893.13(7)(a)8. The department shall work with the professional
290 health care licensure boards, such as the Board of Medicine, the
291 Board of Osteopathic Medicine, and the Board of Pharmacy; other
292 appropriate organizations, such as the Florida Pharmacy
293 Association, the Office of Drug Control, the Florida Medical
294 Association, the Florida Retail Federation, and the Florida
295 Osteopathic Medical Association, including those relating to
296 pain management; and the Attorney General, the Department of Law
297 Enforcement, and the Agency for Health Care Administration to
298 develop rules appropriate for the prescription drug monitoring
299 program.
300 (11) The Office of Drug Control, in coordination with the
301 department, may establish a direct-support organization that has
302 a board consisting of at least five members to provide
303 assistance, funding, and promotional support for the activities
304 authorized for the prescription drug monitoring program.
305 (a) As used in this subsection, the term “direct-support
306 organization” means an organization that is:
307 1. A Florida corporation not for profit incorporated under
308 chapter 617, exempted from filing fees, and approved by the
309 Department of State.
310 2. Organized and operated to conduct programs and
311 activities; raise funds; request and receive grants, gifts, and
312 bequests of money; acquire, receive, hold, and invest, in its
313 own name, securities, funds, objects of value, or other
314 property, either real or personal; and make expenditures or
315 provide funding to or for the direct or indirect benefit of the
316 department in the furtherance of the prescription drug
317 monitoring program.
318 (b) The direct-support organization is not considered a
319 lobbying firm within the meaning of s. 11.045.
320 (c) The State Surgeon General director of the Office of
321 Drug Control shall appoint a board of directors for the direct
322 support organization. The State Surgeon General director may
323 designate employees of the Office of Drug Control, state
324 employees other than state employees from the department, and
325 any other nonstate employees as appropriate, to serve on the
326 board. Members of the board shall serve at the pleasure of the
327 State Surgeon General director of the Office of Drug Control.
328 The State Surgeon General or his or her designee director shall
329 provide guidance to members of the board to ensure that moneys
330 received by the direct-support organization are not received
331 from inappropriate sources. Inappropriate sources include, but
332 are not limited to, donors, grantors, persons, or organizations
333 that may monetarily or substantively benefit from the purchase
334 of goods or services by the department in furtherance of the
335 prescription drug monitoring program.
336 (d) The direct-support organization shall operate under
337 written contract with the department Office of Drug Control. The
338 contract must, at a minimum, provide for:
339 1. Approval of the articles of incorporation and bylaws of
340 the direct-support organization by the department Office of Drug
341 Control.
342 2. Submission of an annual budget for the approval of the
343 department Office of Drug Control.
344 3. Certification by the Office of Drug Control in
345 consultation with the department that the direct-support
346 organization is complying with the terms of the contract in a
347 manner consistent with and in furtherance of the goals and
348 purposes of the prescription drug monitoring program and in the
349 best interests of the state. Such certification must be made
350 annually and reported in the official minutes of a meeting of
351 the direct-support organization.
352 4. The reversion, without penalty, to the Office of Drug
353 Control, or to the state if the Office of Drug Control ceases to
354 exist, of all moneys and property held in trust by the direct
355 support organization for the benefit of the prescription drug
356 monitoring program if the direct-support organization ceases to
357 exist or if the contract is terminated.
358 5. The fiscal year of the direct-support organization,
359 which must begin July 1 of each year and end June 30 of the
360 following year.
361 6. The disclosure of the material provisions of the
362 contract to donors of gifts, contributions, or bequests,
363 including such disclosure on all promotional and fundraising
364 publications, and an explanation to such donors of the
365 distinction between the department Office of Drug Control and
366 the direct-support organization.
367 7. The direct-support organization’s collecting, expending,
368 and providing of funds to the department for the development,
369 implementation, and operation of the prescription drug
370 monitoring program as described in this section and s. 2,
371 chapter 2009-198, Laws of Florida, as long as the task force is
372 authorized. The direct-support organization may collect and
373 expend funds to be used for the functions of the direct-support
374 organization’s board of directors, as necessary and approved by
375 the department director of the Office of Drug Control. In
376 addition, the direct-support organization may collect and
377 provide funding to the department in furtherance of the
378 prescription drug monitoring program by:
379 a. Establishing and administering the prescription drug
380 monitoring program’s electronic database, including hardware and
381 software.
382 b. Conducting studies on the efficiency and effectiveness
383 of the program to include feasibility studies as described in
384 subsection (13).
385 c. Providing funds for future enhancements of the program
386 within the intent of this section.
387 d. Providing user training of the prescription drug
388 monitoring program, including distribution of materials to
389 promote public awareness and education and conducting workshops
390 or other meetings, for health care practitioners, pharmacists,
391 and others as appropriate.
392 e. Providing funds for travel expenses.
393 f. Providing funds for administrative costs, including
394 personnel, audits, facilities, and equipment.
395 g. Fulfilling all other requirements necessary to implement
396 and operate the program as outlined in this section.
397 (e) The activities of the direct-support organization must
398 be consistent with the goals and mission of the Office of Drug
399 Control, as determined by the office in consultation with the
400 department, and in the best interests of the state. The direct
401 support organization must obtain a written approval from the
402 State Surgeon General or his or her designee director of the
403 Office of Drug Control for any activities in support of the
404 prescription drug monitoring program before undertaking those
405 activities.
406 (f) The Office of Drug Control, in consultation with the
407 department, may permit, without charge, appropriate use of
408 administrative services, property, and facilities of the Office
409 of Drug Control and the department by the direct-support
410 organization, subject to this section. The use must be directly
411 in keeping with the approved purposes of the direct-support
412 organization and may not be made at times or places that would
413 unreasonably interfere with opportunities for the public to use
414 such facilities for established purposes. Any moneys received
415 from rentals of facilities and properties managed by the Office
416 of Drug Control and the department may be held by the department
417 Office of Drug Control or in a separate depository account in
418 the name of the direct-support organization and subject to the
419 provisions of the letter of agreement with the department Office
420 of Drug Control. The letter of agreement must provide that any
421 funds held in the separate depository account in the name of the
422 direct-support organization must revert to the department Office
423 of Drug Control if the direct-support organization is no longer
424 approved by the department Office of Drug Control to operate in
425 the best interests of the state.
426 (g) The Office of Drug Control, in consultation with the
427 department, may adopt rules under s. 120.54 to govern the use of
428 administrative services, property, or facilities of the
429 department or office by the direct-support organization.
430 (h) The state Office of Drug Control may not permit the use
431 of any of its administrative services, property, or facilities
432 of the state by a direct-support organization if that
433 organization does not provide equal membership and employment
434 opportunities to all persons regardless of race, color,
435 religion, gender, age, or national origin.
436 (i) The direct-support organization shall provide for an
437 independent annual financial audit in accordance with s.
438 215.981. Copies of the audit shall be provided to the department
439 Office of Drug Control and the Office of Policy and Budget in
440 the Executive Office of the Governor.
441 (j) The direct-support organization may not exercise any
442 power under s. 617.0302(12) or (16).
443 (13) To the extent that funding is provided for such
444 purpose through federal or private grants or gifts and other
445 types of available moneys, the department, in collaboration with
446 the Office of Drug Control, shall study the feasibility of
447 enhancing the prescription drug monitoring program for the
448 purposes of public health initiatives and statistical reporting
449 that respects the privacy of the patient, the prescriber, and
450 the dispenser. Such a study shall be conducted in order to
451 further improve the quality of health care services and safety
452 by improving the prescribing and dispensing practices for
453 prescription drugs, taking advantage of advances in technology,
454 reducing duplicative prescriptions and the overprescribing of
455 prescription drugs, and reducing drug abuse. The requirements of
456 the National All Schedules Prescription Electronic Reporting
457 (NASPER) Act are authorized in order to apply for federal NASPER
458 funding. In addition, the direct-support organization shall
459 provide funding for the department, in collaboration with the
460 Office of Drug Control, to conduct training for health care
461 practitioners and other appropriate persons in using the
462 monitoring program to support the program enhancements.
463 Section 8. Subsections (2) and (5) of section 943.031,
464 Florida Statutes, are amended to read:
465 943.031 Florida Violent Crime and Drug Control Council.—
466 (2) MEMBERSHIP.—The council shall consist of 14 members, as
467 follows:
468 (a) The Attorney General or a designate.
469 (b) A designate of the executive director of the Department
470 of Law Enforcement.
471 (c) The secretary of the Department of Corrections or a
472 designate.
473 (d) The Secretary of Juvenile Justice or a designate.
474 (e) The Commissioner of Education or a designate.
475 (f) The president of the Florida Network of Victim/Witness
476 Services, Inc., or a designate.
477 (g) The policy coordinator in the Public Safety Unit of the
478 Governor’s Office of Planning and Budgeting director of the
479 Office of Drug Control within the Executive Office of the
480 Governor, or a designate.
481 (h) The Chief Financial Officer, or a designate.
482 (i) Six members appointed by the Governor, consisting of
483 two sheriffs, two chiefs of police, one medical examiner, and
484 one state attorney or their designates.
485
486 The Governor, when making appointments under this subsection,
487 must take into consideration representation by geography,
488 population, ethnicity, and other relevant factors to ensure that
489 the membership of the council is representative of the state at
490 large. Designates appearing on behalf of a council member who is
491 unable to attend a meeting of the council are empowered to vote
492 on issues before the council to the same extent the designating
493 council member is so empowered.
494 (5) DUTIES OF COUNCIL.—The council shall provide advice and
495 make recommendations, as necessary, to the executive director of
496 the department.
497 (a) The council may advise the executive director on the
498 feasibility of undertaking initiatives which include, but are
499 not limited to, the following:
500 1. Establishing a program that which provides grants to
501 criminal justice agencies that develop and implement effective
502 violent crime prevention and investigative programs and which
503 provides grants to law enforcement agencies for the purpose of
504 drug control, criminal gang, and illicit money laundering
505 investigative efforts or task force efforts that are determined
506 by the council to significantly contribute to achieving the
507 state’s goal of reducing drug-related crime as articulated by
508 the Office of Drug Control, that represent significant criminal
509 gang investigative efforts, that represent a significant illicit
510 money laundering investigative effort, or that otherwise
511 significantly support statewide strategies developed by the
512 Statewide Drug Policy Advisory Council established under s.
513 397.333, subject to the limitations provided in this section.
514 The grant program may include an innovations grant program to
515 provide startup funding for new initiatives by local and state
516 law enforcement agencies to combat violent crime or to implement
517 drug control, criminal gang, or illicit money laundering
518 investigative efforts or task force efforts by law enforcement
519 agencies, including, but not limited to, initiatives such as:
520 a. Providing enhanced community-oriented policing.
521 b. Providing additional undercover officers and other
522 investigative officers to assist with violent crime
523 investigations in emergency situations.
524 c. Providing funding for multiagency or statewide drug
525 control, criminal gang, or illicit money laundering
526 investigative efforts or task force efforts that cannot be
527 reasonably funded completely by alternative sources and that
528 significantly contribute to achieving the state’s goal of
529 reducing drug-related crime as articulated by the Office of Drug
530 Control, that represent significant criminal gang investigative
531 efforts, that represent a significant illicit money laundering
532 investigative effort, or that otherwise significantly support
533 statewide strategies developed by the Statewide Drug Policy
534 Advisory Council established under s. 397.333.
535 2. Expanding the use of automated fingerprint
536 identification systems at the state and local level.
537 3. Identifying methods to prevent violent crime.
538 4. Identifying methods to enhance multiagency or statewide
539 drug control, criminal gang, or illicit money laundering
540 investigative efforts or task force efforts that significantly
541 contribute to achieving the state’s goal of reducing drug
542 related crime as articulated by the Office of Drug Control, that
543 represent significant criminal gang investigative efforts, that
544 represent a significant illicit money laundering investigative
545 effort, or that otherwise significantly support statewide
546 strategies developed by the Statewide Drug Policy Advisory
547 Council established under s. 397.333.
548 5. Enhancing criminal justice training programs that which
549 address violent crime, drug control, illicit money laundering
550 investigative techniques, or efforts to control and eliminate
551 criminal gangs.
552 6. Developing and promoting crime prevention services and
553 educational programs that serve the public, including, but not
554 limited to:
555 a. Enhanced victim and witness counseling services that
556 also provide crisis intervention, information referral,
557 transportation, and emergency financial assistance.
558 b. A well-publicized rewards program for the apprehension
559 and conviction of criminals who perpetrate violent crimes.
560 7. Enhancing information sharing and assistance in the
561 criminal justice community by expanding the use of community
562 partnerships and community policing programs. Such expansion may
563 include the use of civilian employees or volunteers to relieve
564 law enforcement officers of clerical work in order to enable the
565 officers to concentrate on street visibility within the
566 community.
567 (b) The full council shall:
568 1. Receive periodic reports from regional violent crime
569 investigation and statewide drug control strategy implementation
570 coordinating teams which relate to violent crime trends or the
571 investigative needs or successes in the regions, including
572 discussions regarding the activity of significant criminal gangs
573 in the region, factors, and trends relevant to the
574 implementation of the statewide drug strategy, and the results
575 of drug control and illicit money laundering investigative
576 efforts funded in part by the council.
577 2. Maintain and use criteria for the disbursement of funds
578 from the Violent Crime Investigative Emergency and Drug Control
579 Strategy Implementation Account or any other account from which
580 the council may disburse proactive investigative funds as may be
581 established within the Department of Law Enforcement Operating
582 Trust Fund or other appropriations provided to the Department of
583 Law Enforcement by the Legislature in the General Appropriations
584 Act. The criteria shall allow for the advancement of funds to
585 reimburse agencies regarding violent crime investigations as
586 approved by the full council and the advancement of funds to
587 implement proactive drug control strategies or significant
588 criminal gang investigative efforts as authorized by the Drug
589 Control Strategy and Criminal Gang Committee or the Victim and
590 Witness Protection Review Committee. Regarding violent crime
591 investigation reimbursement, an expedited approval procedure
592 shall be established for rapid disbursement of funds in violent
593 crime emergency situations.
594 (c) As used in this section, “significant criminal gang
595 investigative efforts” eligible for proactive funding must
596 involve at a minimum an effort against a known criminal gang
597 that:
598 1. Involves multiple law enforcement agencies.
599 2. Reflects a dedicated significant investigative effort on
600 the part of each participating agency in personnel, time devoted
601 to the investigation, and agency resources dedicated to the
602 effort.
603 3. Reflects a dedicated commitment by a prosecuting
604 authority to ensure that cases developed by the investigation
605 will be timely and effectively prosecuted.
606 4. Demonstrates a strategy and commitment to dismantling
607 the criminal gang via seizures of assets, significant money
608 laundering and organized crime investigations and prosecutions,
609 or similar efforts.
610
611 The council may require satisfaction of additional elements, to
612 include reporting criminal investigative and criminal
613 intelligence information related to criminal gang activity and
614 members in a manner required by the department, as a
615 prerequisite for receiving proactive criminal gang funding.
616 Section 9. Subsection (7) of section 1006.07, Florida
617 Statutes, is repealed.
618 Section 10. In accordance with s. 11.242, Florida Statutes,
619 the Division of Statutory Revision of the Office of Legislative
620 Services is requested to prepare a reviser’s bill for
621 consideration by the 2012 Regular Session of the Legislature to
622 conform the Florida Statutes to the changes made by this act.
623 Section 11. This act shall take effect July 1, 2011.
624
625 ================= T I T L E A M E N D M E N T ================
626 And the title is amended as follows:
627 Delete everything before the enacting clause
628 and insert:
629 A bill to be entitled
630 An act relating to governmental reorganization;
631 amending s. 14.2019, F.S.; relocating the Statewide
632 Office for Suicide Prevention from the Executive
633 Office of the Governor to the Department of Children
634 and Family Services; requiring the director of the
635 Statewide Office for Suicide Prevention to employ a
636 coordinator for the office; requiring revenues from
637 grants accepted by the Statewide Office for Suicide
638 Prevention to be deposited into the Grants and
639 Donations Trust Fund within the Department of Children
640 and Family Services rather than the Executive Office
641 of the Governor; amending s. 14.20195, F.S.; requiring
642 the director of the Statewide Office for Suicide
643 Prevention, rather than the director of the Office of
644 Drug Control, to appoint members to the Suicide
645 Prevention Coordinating Council; providing that the
646 director of the Statewide Office for Suicide
647 Prevention is a nonvoting member of the coordinating
648 council; repealing s. 311.115, F.S., relating to
649 Seaport Security Standards Advisory Council within the
650 Office of Drug Control; amending s. 311.12, F.S.;
651 deleting the provision requiring the Office of Drug
652 Control within the Executive Office of the Governor to
653 maintain a sufficient number of copies of the
654 standards for seaport security at its offices for
655 distribution to the public and provide copies to each
656 affected seaport upon request; conforming provisions
657 to changes made by the act; amending s. 311.123, F.S.;
658 deleting the provision that requires the Office of
659 Drug Control within the Executive Office of the
660 Governor to create a maritime domain security
661 awareness training program; amending s. 397.333, F.S.;
662 relocating the Statewide Drug Policy Advisory Council
663 from the Executive Office of the Governor to the
664 Department of Health; requiring the Surgeon General or
665 his or her designee, rather than the director of the
666 Office of Drug Control, to be a nonvoting, ex officio
667 member of the advisory council; requiring the
668 department to provide staff support for the advisory
669 council; revising the state officials that are
670 appointed to serve on the advisory council; amending
671 s. 893.055, F.S.; conforming provisions to changes
672 made by the act; requiring the State Surgeon General
673 to appoint a board of directors for the direct-support
674 organization to provide assistance, funding, and
675 promotional support for the activities authorized for
676 the prescription drug monitoring program; requiring
677 the State Surgeon General or his or her designee,
678 rather than the director of the Office of Drug
679 Control, to provide guidance to members of the board
680 of directors; requiring the direct-support
681 organization to operate under written contract with
682 the Department of Health rather than the Office of
683 Drug Control; requiring the activities of the direct
684 support organization to be consistent with the goals
685 and mission of the department rather than the Office
686 of Drug Control; requiring the direct-support
687 organization to obtain a written approval from the
688 State Surgeon General or his or her designee rather
689 than the director of the Office of Drug Control for
690 any activities in support of the prescription drug
691 monitoring program before undertaking the activities;
692 prohibiting the state from permitting use of any of
693 its administrative services, property, or facilities
694 by a direct-support organization under certain
695 circumstances; amending s. 943.031, F.S.; revising the
696 membership of the Florida Violent Crime and Drug
697 Control Council; conforming provisions to changes made
698 by the act; repealing s. 1006.07(7), F.S., relating to
699 suicide prevention education; requesting the Division
700 of Statutory Revision of the Office of Legislative
701 Services to prepare a reviser’s bill to conform the
702 Florida Statutes to the changes made by the act;
703 providing an effective date.