Bill Text: FL H7097 | 2011 | Regular Session | Introduced

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Bill Title: Office of Drug Control

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H7097 Detail]

Download: Florida-2011-H7097-Introduced.html

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HB 7097

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. 311.123 and 397.331,
18	F.S.; conforming provisions to changes made by the act;
19	repealing s. 397.332, F.S., relating to creation of the
20	Office of Drug Control; amending s. 397.333, F.S.; placing
21	the Statewide Drug Policy Advisory Council within the
22	Department of Health; naming the Surgeon General or his or
23	her designee as chairperson and a nonvoting member of the
24	advisory council; naming the director of the Office of
25	Planning and Budgeting or his or her designee as an ex
26	officio member of the advisory council; directing the
27	Department of Health to provide staff support for the
28	advisory council; repealing s. 893.055, F.S., relating to
29	the prescription drug monitoring program; repealing s.
30	893.0551, F.S., relating to the public records exemption
31	for the prescription drug monitoring program; amending s.
32	943.031, F.S.; naming the Policy Coordinator of the Public
33	Safety Unit of the Governor's Office of Planning and
34	Budgeting, or a designee, as a member of the Florida
35	Violent Crime and Drug Control Council and the Drug
36	Control Strategy and Criminal Gang Committee within the
37	council; conforming provisions to changes made by the act;
38	amending s. 943.042, F.S.; conforming provisions to
39	changes made by the act; providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  Subsections (1), (3), (4), and (5) of section
44	14.2019, Florida Statutes, are amended to read:
45	14.2019  Statewide Office for Suicide Prevention.-
46	(1)  The Statewide Office for Suicide Prevention is created
47	as a unit of the Office of Drug Control within the Department of
48	Children and Family Services Executive Office of the Governor.
49	(3)  Contingent upon a specific appropriation, the director
50	of the Office of Drug Control shall employ a coordinator for the
51	Statewide Office for Suicide Prevention who shall work under the
52	direction of the director to achieve the goals and objectives
53	set forth in this section.
54	(3)(4)  The Statewide Office for Suicide Prevention may
55	seek and accept grants or funds from any federal, state, or
56	local source to support the operation and defray the authorized
57	expenses of the office and the Suicide Prevention Coordinating
58	Council. Revenues from grants shall be deposited in the Grants
59	and Donations Trust Fund within the Department of Children and
60	Family Services Executive Office of the Governor. In accordance
61	with s. 216.181(11), the Executive Office of the Governor may
62	request changes to the approved operating budget to allow the
63	expenditure of any additional grant funds collected pursuant to
64	this subsection.
65	(4)(5)  Agencies under the control of the Governor or the
66	Governor and Cabinet are directed, and all others are
67	encouraged, to provide information and support to the Statewide
68	Office for Suicide Prevention as requested.
69	Section 2.  Paragraphs (a), (d), and (e) of subsection (2)
70	of section 14.20195, Florida Statutes, are amended to read:
71	14.20195  Suicide Prevention Coordinating Council;
72	creation; membership; duties.-There is created within the
73	Statewide Office for Suicide Prevention a Suicide Prevention
74	Coordinating Council. The council shall develop strategies for
75	preventing suicide.
76	(2)  MEMBERSHIP.-The Suicide Prevention Coordinating
77	Council shall consist of 28 voting members.
78	(a)  Thirteen members shall be appointed by the director of
79	the Statewide Office for Suicide Prevention Office of Drug
80	Control and shall represent the following organizations:
81	1.  The Florida Association of School Psychologists.
82	2.  The Florida Sheriffs Association.
83	3.  The Suicide Prevention Action Network USA.
84	4.  The Florida Initiative of Suicide Prevention.
85	5.  The Florida Suicide Prevention Coalition.
86	6.  The American Foundation of Suicide Prevention.
87	7.  The Florida School Board Association.
88	8.  The National Council for Suicide Prevention.
89	9.  The state chapter of AARP.
90	10.  The Florida Alcohol and Drug Abuse Association.
91	11.  The Florida Council for Community Mental Health.
92	12.  The Florida Counseling Association.
93	13.  NAMI Florida.
94	(d)  For the Members appointed by the director of the
95	Statewide Office for Suicide Prevention Office of Drug Control,
96	seven members shall be appointed to initial terms of 3 years,
97	and seven members shall be appointed to initial terms of 4
98	years. For the members appointed by the Governor, two members
99	shall be appointed to initial terms of 4 years, and two members
100	shall be appointed to initial terms of 3 years. Thereafter, such
101	members shall be appointed to terms of 4 years. Any vacancy on
102	the coordinating council shall be filled in the same manner as
103	the original appointment, and any member who is appointed to
104	fill a vacancy occurring because of death, resignation, or
105	ineligibility for membership shall serve only for the unexpired
106	term of the member's predecessor. A member is eligible for
107	reappointment.
108	(e)  The director of the Statewide Office for Suicide
109	Prevention Office of Drug Control shall be a nonvoting member of
110	the coordinating council and shall act as chair.
111	Section 3.  Section 311.115, Florida Statutes, is amended
112	to read:
113	311.115  Seaport Security Standards Advisory Council.-The
114	Seaport Security Standards Advisory Council is created within
115	under the Executive Office of the Governor Office of Drug
116	Control. The council shall serve as an advisory council as
117	provided in s. 20.03(7).
118	(1)  The members of the council shall be appointed by the
119	Governor and consist of the following:
120	(a)  Two seaport directors.
121	(b)  Two seaport security directors.
122	(c)  One representative of seaport tenants.
123	(d)  One representative of seaport workers.
124	(e)  One member from the Department of Law Enforcement.
125	(f)  One member from the Office of Motor Carrier Compliance
126	of the Department of Transportation.
127	(g)  One member from the Office of the Attorney General.
128	(h)  One member from the Department of Agriculture and
129	Consumer Services.
130	(i)  One member from the Office of Tourism, Trade, and
131	Economic Development.
132	(j)  One member from the Office of Drug Control.
133	(j)(k)  One member from the Fish and Wildlife Conservation
134	Commission.
135	(k)(l)  The Director of the Division of Emergency
136	Management, or his or her designee.
137	(2)  In addition to the members designated in subsection
138	(1), the council may invite a representative of the United
139	States Coast Guard to attend and participate in council meetings
140	as an ex officio, nonvoting member of the council.
141	(3)  Members of the council shall be appointed to 4-year
142	terms. A vacancy shall be filled by the Governor for the balance
143	of the unexpired term.
144	(4)  The council chair shall be designated by the Governor
145	from among the appointed members of the council shall be chaired
146	by the member from the Office of Drug Control.
147	(5)  At least every 4 years after January 15, 2007, the
148	Governor Office of Drug Control shall convene the council to
149	review the minimum security standards referenced in s. 311.12(1)
150	for applicability to and effectiveness in combating current
151	narcotics and terrorism threats to the state's seaports. All
152	sources of information allowed by law shall be used in assessing
153	the applicability and effectiveness of the standards.
154	(6)  Council members shall serve without pay, but shall be
155	entitled to per diem and travel expenses for attendance at
156	officially called meetings as provided in s. 112.061.
157	(7)  The council shall consult with the appropriate area
158	maritime security committees to assess possible impacts to
159	commerce and trade contained in the council's nonclassified
160	recommendations and findings.
161	(8)  The recommendations and findings of the council shall
162	be transmitted to the Governor, the President of the Senate, and
163	the Speaker of the House of Representatives.
164	Section 4.  Subsection (1) of section 311.123, Florida
165	Statutes, is amended to read:
166	311.123  Maritime domain security awareness training
167	program.-
168	(1)  The Florida Seaport Transportation and Economic
169	Development Council, in conjunction with the Department of Law
170	Enforcement and the Office of Drug Control within the Executive
171	Office of the Governor, shall create a maritime domain security
172	awareness training program to instruct all personnel employed
173	within a seaport's boundaries about the security procedures
174	required of them for implementation of the seaport security plan
175	required under s. 311.12(3).
176	Section 5.  Subsection (2) of section 397.331, Florida
177	Statutes, is amended to read:
178	397.331  Definitions; legislative intent.-
179	(2)  It is the intent of the Legislature to establish and
180	institutionalize a rational process for long-range planning,
181	information gathering, strategic decisionmaking, and funding for
182	the purpose of limiting substance abuse. The Legislature finds
183	that the creation of a state Office of Drug Control and a
184	Statewide Drug Policy Advisory Council affords the best means of
185	establishing and institutionalizing such a process.
186	Section 6.  Section 397.332, Florida Statutes, is repealed.
187	Section 7.  Paragraphs (a), (b), and (c) of subsection (1)
188	of section 397.333, Florida Statutes, are amended to read:
189	397.333  Statewide Drug Policy Advisory Council.-
190	(1)(a)  The Statewide Drug Policy Advisory Council is
191	created within the Department of Health Executive Office of the
192	Governor. The Surgeon General or his or her designee director of
193	the Office of Drug Control shall be a nonvoting, ex officio
194	member of the advisory council and shall act as chairperson. The
195	director of the Office of Planning and Budgeting or his or her
196	designee shall be a nonvoting, ex officio member of the advisory
197	council. The department shall provide staff support for the
198	council. The Office of Drug Control and the Office of Planning
199	and Budgeting shall provide staff support for the advisory
200	council.
201	(b)  The following state officials shall be appointed to
202	serve on the advisory council:
203	1.  The Attorney General, or his or her designee.
204	2.  The executive director of the Department of Law
205	Enforcement, or his or her designee.
206	3.  The Secretary of Children and Family Services, or his
207	or her designee.
208	4.  The State Surgeon General, or his or her designee.
209	4.5.  The Secretary of Corrections, or his or her designee.
210	5.6.  The Secretary of Juvenile Justice, or his or her
211	designee.
212	6.7.  The Commissioner of Education, or his or her
213	designee.
214	7.8.  The executive director of the Department of Highway
215	Safety and Motor Vehicles, or his or her designee.
216	8.9.  The Adjutant General of the state as the Chief of the
217	Department of Military Affairs, or his or her designee.
218	(c)  In addition, the Governor shall appoint 7 11 members
219	of the public to serve on the advisory council. Of the 7 11
220	appointed members, one member must have professional or
221	occupational expertise in drug enforcement, one member must have
222	professional or occupational expertise in substance abuse
223	prevention, one member must have professional or occupational
224	expertise in substance abuse treatment, and two members must
225	have professional or occupational expertise in faith-based
226	substance abuse treatment services. The remainder of the members
227	appointed should have professional or occupational expertise in,
228	or be generally knowledgeable about, issues that relate to drug
229	enforcement and substance abuse programs and services. The
230	members appointed by the Governor must, to the extent possible,
231	equitably represent all geographic areas of the state.
232	Section 8.  Section 893.055, Florida Statutes, is repealed.
233	Section 9.  Section 893.0551, Florida Statutes, is
234	repealed.
235	Section 10.  Paragraph (g) of subsection (2), paragraph (a)
236	of subsection (5), and paragraph (a) of subsection (6) of
237	section 943.031, Florida Statutes, are amended to read:
238	943.031  Florida Violent Crime and Drug Control Council.-
239	(2)  MEMBERSHIP.-The council shall consist of 14 members,
240	as follows:
241	(g)  The Policy Coordinator of the Public Safety Unit of
242	the Governor's Office of Planning and Budgeting director of the
243	Office of Drug Control within the Executive Office of the
244	Governor, or a designate.
245
246	The Governor, when making appointments under this subsection,
247	must take into consideration representation by geography,
248	population, ethnicity, and other relevant factors to ensure that
249	the membership of the council is representative of the state at
250	large. Designates appearing on behalf of a council member who is
251	unable to attend a meeting of the council are empowered to vote
252	on issues before the council to the same extent the designating
253	council member is so empowered.
254	(5)  DUTIES OF COUNCIL.-The council shall provide advice
255	and make recommendations, as necessary, to the executive
256	director of the department.
257	(a)  The council may advise the executive director on the
258	feasibility of undertaking initiatives which include, but are
259	not limited to, the following:
260	1.  Establishing a program which provides grants to
261	criminal justice agencies that develop and implement effective
262	violent crime prevention and investigative programs and which
263	provides grants to law enforcement agencies for the purpose of
264	drug control, criminal gang, and illicit money laundering
265	investigative efforts or task force efforts that are determined
266	by the council to significantly contribute to achieving the
267	state's goal of reducing drug-related crime as articulated by
268	the Office of Drug Control, that represent significant criminal
269	gang investigative efforts, that represent a significant illicit
270	money laundering investigative effort, or that otherwise
271	significantly support statewide strategies developed by the
272	Statewide Drug Policy Advisory Council established under s.
273	397.333, subject to the limitations provided in this section.
274	The grant program may include an innovations grant program to
275	provide startup funding for new initiatives by local and state
276	law enforcement agencies to combat violent crime or to implement
277	drug control, criminal gang, or illicit money laundering
278	investigative efforts or task force efforts by law enforcement
279	agencies, including, but not limited to, initiatives such as:
280	a.  Providing enhanced community-oriented policing.
281	b.  Providing additional undercover officers and other
282	investigative officers to assist with violent crime
283	investigations in emergency situations.
284	c.  Providing funding for multiagency or statewide drug
285	control, criminal gang, or illicit money laundering
286	investigative efforts or task force efforts that cannot be
287	reasonably funded completely by alternative sources and that
288	significantly contribute to achieving the state's goal of
289	reducing drug-related crime as articulated by the Office of Drug
290	Control, that represent significant criminal gang investigative
291	efforts, that represent a significant illicit money laundering
292	investigative effort, or that otherwise significantly support
293	statewide strategies developed by the Statewide Drug Policy
294	Advisory Council established under s. 397.333.
295	2.  Expanding the use of automated fingerprint
296	identification systems at the state and local level.
297	3.  Identifying methods to prevent violent crime.
298	4.  Identifying methods to enhance multiagency or statewide
299	drug control, criminal gang, or illicit money laundering
300	investigative efforts or task force efforts that significantly
301	contribute to achieving the state's goal of reducing drug-
302	related crime as articulated by the Office of Drug Control, that
303	represent significant criminal gang investigative efforts, that
304	represent a significant illicit money laundering investigative
305	effort, or that otherwise significantly support statewide
306	strategies developed by the Statewide Drug Policy Advisory
307	Council established under s. 397.333.
308	5.  Enhancing criminal justice training programs which
309	address violent crime, drug control, illicit money laundering
310	investigative techniques, or efforts to control and eliminate
311	criminal gangs.
312	6.  Developing and promoting crime prevention services and
313	educational programs that serve the public, including, but not
314	limited to:
315	a.  Enhanced victim and witness counseling services that
316	also provide crisis intervention, information referral,
317	transportation, and emergency financial assistance.
318	b.  A well-publicized rewards program for the apprehension
319	and conviction of criminals who perpetrate violent crimes.
320	7.  Enhancing information sharing and assistance in the
321	criminal justice community by expanding the use of community
322	partnerships and community policing programs. Such expansion may
323	include the use of civilian employees or volunteers to relieve
324	law enforcement officers of clerical work in order to enable the
325	officers to concentrate on street visibility within the
326	community.
327	(6)  DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.-
328	(a)  The Drug Control Strategy and Criminal Gang Committee
329	is created within the Florida Violent Crime and Drug Control
330	Council, consisting of the following council members:
331	1.  The Attorney General or a designate.
332	2.  The designate of the executive director of the
333	Department of Law Enforcement.
334	3.  The secretary of the Department of Corrections or a
335	designate.
336	4.  The Policy Coordinator of the Public Safety Unit of the
337	Governor's Office of Planning and Budgeting, director of the
338	Office of Drug Control within the Executive Office of the
339	Governor or a designate.
340	5.  The state attorney, the two sheriffs, and the two
341	chiefs of police, or their designates.
342	Section 11.  Paragraph (a) of subsection (1) of section
343	943.042, Florida Statutes, is amended to read:
344	943.042  Violent Crime Investigative Emergency and Drug
345	Control Strategy Implementation Account.-
346	(1)  There is created a Violent Crime Investigative
347	Emergency and Drug Control Strategy Implementation Account
348	within the Department of Law Enforcement Operating Trust Fund.
349	The account shall be used to provide emergency supplemental
350	funds to:
351	(a)  State and local law enforcement agencies which are
352	involved in complex and lengthy violent crime investigations, or
353	matching funding to multiagency or statewide drug control or
354	illicit money laundering investigative efforts or task force
355	efforts that significantly contribute to achieving the state's
356	goal of reducing drug-related crime as articulated by the Office
357	of Drug Control, that represent a significant illicit money
358	laundering investigative effort, or that otherwise significantly
359	support statewide strategies developed by the Statewide Drug
360	Policy Advisory Council established under s. 397.333;
361	Section 12.  This act shall take effect July 1, 2011.

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