HB 5015

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

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