Bill Text: FL S7098 | 2011 | Regular Session | Introduced
Bill Title: Office of Drug Control
Spectrum: Committee Bill
Status: (N/A - Dead) 2011-04-01 - Submit as committee bill by Budget (SB 2104) [S7098 Detail]
Download: Florida-2011-S7098-Introduced.html
Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7098 FOR CONSIDERATION By the Committee on Budget 576-02276A-11 20117098__ 1 A bill to be entitled 2 An act relating to the Office of Drug Control; 3 amending s. 14.2019, F.S.; relocating the Statewide 4 Office for Suicide Prevention into the Department of 5 Children and Family Services; requiring the director 6 of the Statewide Office for Suicide Prevention to 7 employ a coordinator for the office; requiring 8 revenues from grants accepted by the Statewide Office 9 for Suicide Prevention to be deposited into the Grants 10 and Donations Trust Fund within the Department of 11 Children and Family Services rather than the Executive 12 Office of the Governor; amending s. 14.20195, F.S.; 13 requiring the director of the Statewide Office for 14 Suicide Prevention, rather than the director of the 15 Office of Drug Control, to appoint members to the 16 Suicide Prevention Coordinating Council; providing 17 that the director of the Statewide Office for Suicide 18 Prevention is a nonvoting member of the coordinating 19 council; repealing s. 311.115, F.S., relating to 20 Seaport Security Standards Advisory Council within the 21 Office of Drug Control; amending s. 311.12, F.S.; 22 deleting the provision that requires the Office of 23 Drug Control within the Executive Office of the 24 Governor to maintain a sufficient number of copies of 25 the standards for seaport security at its offices for 26 distribution to the public and provide copies to each 27 affected seaport upon request; conforming provisions 28 to changes made by the act; amending s. 311.123, F.S.; 29 deleting the provision that requires the Office of 30 Drug Control within the Executive Office of the 31 Governor to create a maritime domain security 32 awareness training program; amending s. 397.331, F.S.; 33 conforming provisions to changes made by the act; 34 repealing s. 397.332, F.S., relating to the creation 35 of the Office of Drug Control; amending s. 397.333, 36 F.S.; relocating the Statewide Drug Policy Advisory 37 Council into the Department of Health; requiring the 38 Surgeon General or his or her designee, rather than 39 the director of the Office of Drug Control, to be a 40 nonvoting, ex officio member of the advisory council; 41 requiring the department to provide staff support for 42 the advisory council; revising the state officials 43 that are appointed to serve on the advisory council; 44 amending s. 893.055, F.S.; conforming provisions to 45 changes made by the act; requiring the State Surgeon 46 General to appoint a board of directors for the 47 direct-support organization to provide assistance, 48 funding, and promotional support for the activities 49 authorized for the prescription drug monitoring 50 program; requiring the State Surgeon General or his or 51 her designee, rather than the director of the Office 52 of Drug Control, to provide guidance to members of the 53 board of directors; requiring the direct-support 54 organization to operate under written contract with 55 the Department of Health rather than the Office of 56 Drug Control; requiring the activities of the direct 57 support organization to be consistent with the goals 58 and mission of the department rather than the Office 59 of Drug Control; requiring the direct-support 60 organization to obtain a written approval from the 61 State Surgeon General or his or her designee rather 62 than the director of the Office of Drug Control for 63 any activities in support of the prescription drug 64 monitoring program before undertaking the activities; 65 prohibiting the state from permitting use of any of 66 its administrative services, property, or facilities 67 by a direct-support organization under certain 68 circumstances; amending s. 943.031, F.S.; revising the 69 membership of the Florida Violent Crime and Drug 70 Control Council; conforming provisions to changes made 71 by the act; revising the membership of the Drug 72 Control Strategy and Criminal Gang Committee; amending 73 s. 943.042, F.S., relating to the Violent Crime 74 Investigative Emergency and Drug Control Strategy 75 Implementation Account; conforming provisions to 76 changes made by the act; repealing s. 1006.07(7), 77 F.S., relating to suicide prevention education; 78 requesting the Division of Statutory Revision of the 79 Office of Legislative Services to prepare a reviser’s 80 bill to conform the Florida Statutes to the changes 81 made by the act; providing an effective date. 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85 Section 1. Subsections (1), (3), and (4) of section 86 14.2019, Florida Statutes, are amended to read: 87 14.2019 Statewide Office for Suicide Prevention.— 88 (1) The Statewide Office for Suicide Prevention shall be 89 located in the Department of Children and Family Servicesis90created as a unit of the Office of Drug Control within the91ExecutiveOffice of the Governor. 92 (3) Contingent upon a specific appropriation, the director 93 of the Statewide Office for Suicide Preventionof Drug Control94 shall employ a coordinator for theStatewideofficefor Suicide95Preventionwho shall work under the direction of the director to 96 achieve the goals and objectives set forth in this section. 97 (4) The Statewide Office for Suicide Prevention may seek 98 and accept grants or funds from any federal, state, or local 99 source to support the operation and defray the authorized 100 expenses of the office and the Suicide Prevention Coordinating 101 Council. Revenues from grants shall be deposited in the Grants 102 and Donations Trust Fund within the Department of Children and 103 Family ServicesExecutive Office of the Governor. In accordance 104 with s. 216.181(11), the Executive Office of the Governor may 105 request changes to the approved operating budget to allow the 106 expenditure of any additional grant funds collected pursuant to 107 this subsection. 108 Section 2. Subsection (2) of section 14.20195, Florida 109 Statutes, are amended to read: 110 14.20195 Suicide Prevention Coordinating Council; creation; 111 membership; duties.—There is created within the Statewide Office 112 for Suicide Prevention a Suicide Prevention Coordinating 113 Council. The council shall develop strategies for preventing 114 suicide. 115 (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council 116 shall consist of 2728voting members and one nonvoting member. 117 (a) Thirteen members shall be appointed by the director of 118 the Statewide Office for Suicide Preventionof Drug Controland 119 shall represent the following organizations: 120 1. The Florida Association of School Psychologists. 121 2. The Florida Sheriffs Association. 122 3. The Suicide Prevention Action Network USA. 123 4. The Florida Initiative of Suicide Prevention. 124 5. The Florida Suicide Prevention Coalition. 125 6. The American Foundation of Suicide Prevention. 126 7. The Florida School Board Association. 127 8. The National Council for Suicide Prevention. 128 9. The state chapter of AARP. 129 10. The Florida Alcohol and Drug Abuse Association. 130 11. The Florida Council for Community Mental Health. 131 12. The Florida Counseling Association. 132 13. NAMI Florida. 133 (b) The following state officials or their designees shall 134 serve on the coordinating council: 135 1. The Secretary of Elderly Affairs. 136 2. The State Surgeon General. 137 3. The Commissioner of Education. 138 4. The Secretary of Health Care Administration. 139 5. The Secretary of Juvenile Justice. 140 6. The Secretary of Corrections. 141 7. The executive director of the Department of Law 142 Enforcement. 143 8. The executive director of the Department of Veterans’ 144 Affairs. 145 9. The Secretary of Children and Family Services. 146 10. The director of the Agency for Workforce Innovation. 147 (c) The Governor shall appoint four additional members to 148 the coordinating council. The appointees must have expertise 149 that is critical to the prevention of suicide or represent an 150 organization that is not already represented on the coordinating 151 council. 152 (d) For the members appointed by the director of the 153 Statewide Office for Suicide Preventionof Drug Control, seven 154 members shall be appointed to initial terms of 3 years, and 155 seven members shall be appointed to initial terms of 4 years. 156 For the members appointed by the Governor, two members shall be 157 appointed to initial terms of 4 years, and two members shall be 158 appointed to initial terms of 3 years. Thereafter, such members 159 shall be appointed to terms of 4 years. Any vacancy on the 160 coordinating council shall be filled in the same manner as the 161 original appointment, and any member who is appointed to fill a 162 vacancy occurring because of death, resignation, or 163 ineligibility for membership shall serve only for the unexpired 164 term of the member’s predecessor. A member is eligible for 165 reappointment. 166 (e) The director of the Statewide Office for Suicide 167 Preventionof Drug Controlshall be a nonvoting member of the 168 coordinating council and shall act as chair. 169 (f) Members of the coordinating council shall serve without 170 compensation. Any member of the coordinating council who is a 171 public employee is entitled to reimbursement for per diem and 172 travel expenses as provided in s. 112.061. 173 Section 3. Section 311.115, Florida Statutes, is repealed. 174 Section 4. Subsections (1), (3), (8), (10), and (11) of 175 section 311.12, Florida Statutes, are amended to read: 176 311.12 Seaport security.— 177 (1) SECURITY STANDARDS.— 178 (a) The statewide minimum standards for seaport security 179 applicable to seaports listed in s. 311.09 shall be those based 180 on the Florida Seaport Security Assessment 2000 and set forth in 181 the Port Security Standards Compliance Plan delivered to the 182 Speaker of the House of Representatives and the President of the 183 Senate on December 11, 2000.The Office of Drug Control within184the Executive Office of the Governor shall maintain a sufficient185number of copies of the standards at its offices for186distribution to the public and provide copies to each affected187seaport upon request.188 (b) A seaport may implement security measures that are more 189 stringent, more extensive, or supplemental to the minimum 190 security standards established by this subsection. 191 (c) The provisions of s. 790.251 are not superseded, 192 preempted, or otherwise modified in any way by the provisions of 193 this section. 194 (3) SECURITY PLAN.—Each seaport listed in s. 311.09 shall 195 adopt and maintain a security plan specific to that seaport 196 which provides for a secure seaport infrastructure that promotes 197 the safety and security of state residents and visitors and the 198 flow of legitimate trade and travel. 199 (a) Every 5 years after January 1, 2007, each seaport 200 director, with the assistance of the Regional Domestic Security 201 Task Force and in conjunction with the United States Coast 202 Guard, shall revise the seaport’s security plan based on the 203 director’s ongoing assessment of security risks, the risks of 204 terrorist activities, and the specific and identifiable needs of 205 the seaport for ensuring that the seaport is in substantial 206 compliance with the minimum security standards established under 207 subsection (1). 208 (b) Each adopted or revised security plan must be reviewed 209 and approved by theOffice of Drug Control andtheDepartment of 210 Law Enforcement for compliance with federal facility security 211 assessment requirements under 33 C.F.R. s. 105.305 and the 212 minimum security standards established under subsection (1). 213 Within 30 days after completion, a copy of the written review 214 shall be delivered to the United States Coast Guard, the 215 Regional Domestic Security Task Force, and the Domestic Security 216 Oversight Council. 217 (8) WAIVER FROM SECURITY REQUIREMENTS.—TheOffice of Drug218Control and theDepartment of Law Enforcement may modify or 219 waive any physical facility requirement or other requirement 220 contained in the minimum security standards upon a determination 221 that the purposes of the standards have been reasonably met or 222 exceeded by the seaport requesting the modification or waiver. 223 An alternate means of compliance must not diminish the safety or 224 security of the seaport and must be verified through an 225 extensive risk analysis conducted by the seaport director. 226 (a) Waiver requests shall be submitted in writing, along 227 with supporting documentation, to theOffice of Drug Control and228theDepartment of Law Enforcement. Theoffice and thedepartment 229 hashave90 days to jointly grant or reject the waiver, in whole 230 or in part. 231 (b) The seaport may submit any waivers that are not granted 232 or are jointly rejected to the Domestic Security Oversight 233 Council for review within 90 days. The council shall recommend 234 thatthe Office of Drug Control andthe Department of Law 235 Enforcement grant the waiver or reject the waiver, in whole or 236 in part. The office and the department shall give great weight 237 to the council’s recommendations. 238 (c) A request seeking a waiver from the seaport law 239 enforcement personnel standards established under s. 311.122(3) 240 may not be granted for percentages below 10 percent. 241 (d) Any modifications or waivers granted under this 242 subsection shall be noted in the annual report submitted by the 243 Department of Law Enforcement pursuant to subsection (10). 244 (10) REPORTS.—The Department of Law Enforcement, in245consultation with the Office of Drug Control,shall annually 246 complete a report indicating the observations and findings of 247 all reviews, inspections, or other operations relating to the 248 seaports conducted during the year and any recommendations 249 resulting from such reviews, inspections, and operations. A copy 250 of the report shall be provided to the Governor, the President 251 of the Senate, the Speaker of the House of Representatives, the 252 governing body of each seaport or seaport authority, and each 253 seaport director. The report must include each director’s 254 response indicating what actions, if any, have been taken or are 255 planned to be taken pursuant to the observations, findings, and 256 recommendations reported by the department. 257 (11) FUNDING.— 258 (a) In making decisions regarding security projects or 259 other funding applicable to each seaport listed in s. 311.09, 260 the Legislature may consider the Department of Law Enforcement’s 261 annual report under subsection (10) as authoritative, especially 262 regarding each seaport’s degree of substantial compliance with 263 the minimum security standards established in subsection (1). 264 (b) The Legislature shall regularly review the ongoing 265 costs of operational security on seaports, the impacts of this 266 section on those costs, mitigating factors that may reduce costs 267 without reducing security, and the methods by which seaports may 268 implement operational security using a combination of sworn law 269 enforcement officers and private security services. 270 (c) Subject to the provisions of this chapter and 271 appropriations made for seaport security, state funds may not be 272 expended for security costs without certification of need for 273 such expenditures by the Office of Ports Administrator within 274 the Department of Law Enforcement. 275 (d) If funds are appropriated for seaport security,the276Office of Drug Control,the Department of Law Enforcement,and 277 the Florida Seaport Transportation and Economic Development 278 Council shall mutually determine the allocation of such funds 279 for security project needs identified in the approved seaport 280 security plans. Any seaport that receives state funds for 281 security projects must enter into a joint participation 282 agreement with the appropriate state entity and use the seaport 283 security plan as the basis for the agreement. 284 1. If funds are made available over more than 1 fiscal 285 year, the agreement must reflect the entire scope of the project 286 approved in the security plan and, as practicable, allow for 287 reimbursement for authorized projects over more than 1 year. 288 2. The agreement may include specific timeframes for 289 completion of a security project and the applicable funding 290 reimbursement dates. The agreement may also require a 291 contractual penalty of up to $1,000 per day to be imposed for 292 failure to meet project completion dates if state funding is 293 available. Any such penalty shall be deposited into the State 294 Transportation Trust Fund and used for seaport security 295 operations and capital improvements. 296 Section 5. Subsection (1) of section 311.123, Florida 297 Statutes, is amended to read: 298 311.123 Maritime domain security awareness training 299 program.— 300 (1) The Florida Seaport Transportation and Economic 301 Development Council, in conjunction with the Department of Law 302 Enforcementand the Office of Drug Control within the Executive303Office of the Governor, shall create a maritime domain security 304 awareness training program to instruct all personnel employed 305 within a seaport’s boundaries about the security procedures 306 required of them for implementation of the seaport security plan 307 required under s. 311.12(3). 308 Section 6. Subsection (2) of section 397.331, Florida 309 Statutes, is amended to read: 310 397.331 Definitions; legislative intent.— 311 (2) It is the intent of the Legislature to establish and 312 institutionalize a rational process for long-range planning, 313 information gathering, strategic decisionmaking, and funding for 314 the purpose of limiting substance abuse. The Legislature finds 315 that the creation of astate Office of Drug Control and a316 Statewide Drug Policy Advisory Council affords the best means of 317 establishing and institutionalizing such a process. 318 Section 7. Section 397.332, Florida Statutes, is repealed. 319 Section 8. Paragraphs (a), (b), and (c) of subsection (1) 320 of section 397.333, Florida Statutes, are amended to read: 321 397.333 Statewide Drug Policy Advisory Council.— 322 (1)(a) The Statewide Drug Policy Advisory Council shall be 323 located in the Department of Healthis created within the324Executive Office of the Governor. The Surgeon General or his or 325 her designeedirector of the Office of Drug Controlshall be a 326 nonvoting, ex officio member of the advisory council and shall 327 act as chairperson. The director of the Office of Planning and 328 Budgeting or his or her designee shall be a nonvoting, ex 329 officio member of the advisory council. The Department of Health 330 or it successor agencyOffice of Drug Control and the Office of331Planning and Budgetingshall provide staff support for the 332 advisory council. 333 (b) The following state officials shall be appointed to 334 serve on the advisory council: 335 1. The Attorney General, or his or her designee. 336 2. The executive director of the Department of Law 337 Enforcement, or his or her designee. 338 3. The Secretary of Children and Family Services, or his or 339 her designee. 340 4. The director of the Office of Planning and Budgeting in 341 the Executive Office of the GovernorState Surgeon General, or 342 his or her designee. 343 5. The Secretary of Corrections, or his or her designee. 344 6. The Secretary of Juvenile Justice, or his or her 345 designee. 346 7. The Commissioner of Education, or his or her designee. 347 8. The executive director of the Department of Highway 348 Safety and Motor Vehicles, or his or her designee. 349 9. The Adjutant General of the state as the Chief of the 350 Department of Military Affairs, or his or her designee. 351 (c) In addition, the Governor shall appoint 711members of 352 the public to serve on the advisory council. Of the 711353 appointed members, one member must have professional or 354 occupational expertise in drug enforcement, one member must have 355 professional or occupational expertise in substance abuse 356 prevention, one member must have professional or occupational 357 expertise in substance abuse treatment, and two members must 358 have professional or occupational expertise in faith-based 359 substance abuse treatment services. The remainder of the members 360 appointed should have professional or occupational expertise in, 361 or be generally knowledgeable about, issues that relate to drug 362 enforcement and substance abuse programs and services. The 363 members appointed by the Governor must, to the extent possible, 364 equitably represent all geographic areas of the state. 365 Section 9. Paragraph (b) of subsection (2), and subsections 366 (11) and (13) of section 893.055, Florida Statutes, are amended 367 to read: 368 893.055 Prescription drug monitoring program.— 369 (2) 370 (b) The department, when the direct support organization371receives at least $20,000 in nonstate moneys or the state372receives at least $20,000 in federal grants for the prescription373drug monitoring program, and in consultation with the Office of374Drug Control,shall adopt rules as necessary concerning the 375 reporting, accessing the database, evaluation, management, 376 development, implementation, operation, security, and storage of 377 information within the system, including rules for when patient 378 advisory reports are provided to pharmacies and prescribers. The 379 patient advisory report shall be provided in accordance with s. 380 893.13(7)(a)8. The department shall work with the professional 381 health care licensure boards, such as the Board of Medicine, the 382 Board of Osteopathic Medicine, and the Board of Pharmacy; other 383 appropriate organizations, such as the Florida Pharmacy 384 Association,the Office of Drug Control,the Florida Medical 385 Association, the Florida Retail Federation, and the Florida 386 Osteopathic Medical Association, including those relating to 387 pain management; and the Attorney General, the Department of Law 388 Enforcement, and the Agency for Health Care Administration to 389 develop rules appropriate for the prescription drug monitoring 390 program. 391 (11) TheOffice of Drug Control, in coordination with the392 department,may establish a direct-support organization that has 393 a board consisting of at least five members to provide 394 assistance, funding, and promotional support for the activities 395 authorized for the prescription drug monitoring program. 396 (a) As used in this subsection, the term “direct-support 397 organization” means an organization that is: 398 1. A Florida corporation not for profit incorporated under 399 chapter 617, exempted from filing fees, and approved by the 400 Department of State. 401 2. Organized and operated to conduct programs and 402 activities; raise funds; request and receive grants, gifts, and 403 bequests of money; acquire, receive, hold, and invest, in its 404 own name, securities, funds, objects of value, or other 405 property, either real or personal; and make expenditures or 406 provide funding to or for the direct or indirect benefit of the 407 department in the furtherance of the prescription drug 408 monitoring program. 409 (b) The direct-support organization is not considered a 410 lobbying firm within the meaning of s. 11.045. 411 (c) The State Surgeon Generaldirector of the Office of412Drug Controlshall appoint a board of directors for the direct 413 support organization. The State Surgeon Generaldirectormay 414 designateemployees of the Office of Drug Control,state 415 employees other than state employees from the department, and 416 any other nonstate employees as appropriate, to serve on the 417 board. Members of the board shall serve at the pleasure of the 418 director of the Office of Drug Control. The State Surgeon 419 General or his or her designeedirectorshall provide guidance 420 to members of the board to ensure that moneys received by the 421 direct-support organization are not received from inappropriate 422 sources. Inappropriate sources include, but are not limited to, 423 donors, grantors, persons, or organizations that may monetarily 424 or substantively benefit from the purchase of goods or services 425 by the department in furtherance of the prescription drug 426 monitoring program. 427 (d) The direct-support organization shall operate under 428 written contract with the departmentOffice of Drug Control. The 429 contract must, at a minimum, provide for: 430 1. Approval of the articles of incorporation and bylaws of 431 the direct-support organization by the Office of Drug Control. 432 2. Submission of an annual budget for the approval of the 433 departmentOffice of Drug Control. 434 3. Certification bythe Office of Drug Control in435consultation withthe department that the direct-support 436 organization is complying with the terms of the contract in a 437 manner consistent with and in furtherance of the goals and 438 purposes of the prescription drug monitoring program and in the 439 best interests of the state. Such certification must be made 440 annually and reported in the official minutes of a meeting of 441 the direct-support organization. 442 4. The reversion, without penalty, tothe Office of Drug443Control, or tothe stateif the Office of Drug Control ceases to444exist,of all moneys and property held in trust by the direct 445 support organization for the benefit of the prescription drug 446 monitoring program if the direct-support organization ceases to 447 exist or if the contract is terminated. 448 5. The fiscal year of the direct-support organization, 449 which must begin July 1 of each year and end June 30 of the 450 following year. 451 6. The disclosure of the material provisions of the 452 contract to donors of gifts, contributions, or bequests, 453 including such disclosure on all promotional and fundraising 454 publications, and an explanation to such donors of the 455 distinction between the departmentOffice of Drug Controland 456 the direct-support organization. 457 7. The direct-support organization’s collecting, expending, 458 and providing of funds to the department for the development, 459 implementation, and operation of the prescription drug 460 monitoring program as described in this section and s. 2, 461 chapter 2009-198, Laws of Florida, as long as the task force is 462 authorized. The direct-support organization may collect and 463 expend funds to be used for the functions of the direct-support 464 organization’s board of directors, as necessary and approved by 465 the departmentdirector of the Office of Drug Control. In 466 addition, the direct-support organization may collect and 467 provide funding to the department in furtherance of the 468 prescription drug monitoring program by: 469 a. Establishing and administering the prescription drug 470 monitoring program’s electronic database, including hardware and 471 software. 472 b. Conducting studies on the efficiency and effectiveness 473 of the program to include feasibility studies as described in 474 subsection (13). 475 c. Providing funds for future enhancements of the program 476 within the intent of this section. 477 d. Providing user training of the prescription drug 478 monitoring program, including distribution of materials to 479 promote public awareness and education and conducting workshops 480 or other meetings, for health care practitioners, pharmacists, 481 and others as appropriate. 482 e. Providing funds for travel expenses. 483 f. Providing funds for administrative costs, including 484 personnel, audits, facilities, and equipment. 485 g. Fulfilling all other requirements necessary to implement 486 and operate the program as outlined in this section. 487 (e) The activities of the direct-support organization must 488 be consistent with the goals and mission ofthe Office of Drug489Control, as determined by the office in consultation withthe 490 department, and in the best interests of the state. The direct 491 support organization must obtain a written approval from the 492 State Surgeon General or his or her designeedirector of the493Office of Drug Controlfor any activities in support of the 494 prescription drug monitoring program before undertaking those 495 activities. 496 (f) TheOffice of Drug Control, in consultation with the497 department,may permit, without charge, appropriate use of 498 administrative services, property, and facilities ofthe Office499of Drug Control andthe department by the direct-support 500 organization, subject to this section. The use must be directly 501 in keeping with the approved purposes of the direct-support 502 organization and may not be made at times or places that would 503 unreasonably interfere with opportunities for the public to use 504 such facilities for established purposes. Any moneys received 505 from rentals of facilities and properties managed by theOffice506of Drug Control and thedepartment may be held by the department 507Office of Drug Controlor in a separate depository account in 508 the name of the direct-support organization and subject to the 509 provisions of the letter of agreement with the departmentOffice510of Drug Control. The letter of agreement must provide that any 511 funds held in the separate depository account in the name of the 512 direct-support organization must revert to the departmentOffice513of Drug Controlif the direct-support organization is no longer 514 approved by the departmentOffice of Drug Controlto operate in 515 the best interests of the state. 516 (g) TheOffice of Drug Control, in consultation with the517 department,may adopt rules under s. 120.54 to govern the use of 518 administrative services, property, or facilities of the 519 departmentor officeby the direct-support organization. 520 (h) The stateOffice of Drug Controlmay not permit the use 521 of any of its administrative services, property, or facilities 522of the stateby a direct-support organization if that 523 organization does not provide equal membership and employment 524 opportunities to all persons regardless of race, color, 525 religion, gender, age, or national origin. 526 (i) The direct-support organization shall provide for an 527 independent annual financial audit in accordance with s. 528 215.981. Copies of the audit shall be provided to the department 529Office of Drug Control and the Office of Policy and Budget in530the Executive Office of the Governor. 531 (j) The direct-support organization may not exercise any 532 power under s. 617.0302(12) or (16). 533 (13) To the extent that funding is provided for such 534 purpose through federal or private grants or gifts and other 535 types of available moneys, the department, in collaboration with536the Office of Drug Control,shall study the feasibility of 537 enhancing the prescription drug monitoring program for the 538 purposes of public health initiatives and statistical reporting 539 that respects the privacy of the patient, the prescriber, and 540 the dispenser. Such a study shall be conducted in order to 541 further improve the quality of health care services and safety 542 by improving the prescribing and dispensing practices for 543 prescription drugs, taking advantage of advances in technology, 544 reducing duplicative prescriptions and the overprescribing of 545 prescription drugs, and reducing drug abuse. The requirements of 546 the National All Schedules Prescription Electronic Reporting 547 (NASPER) Act are authorized in order to apply for federal NASPER 548 funding. In addition, the direct-support organization shall 549 provide funding for the department, in collaboration with the550Office of Drug Control,to conduct training for health care 551 practitioners and other appropriate persons in using the 552 monitoring program to support the program enhancements. 553 Section 10. Subsections (2) and (5) and paragraph (a) of 554 subsection (6) of section 943.031, Florida Statutes, are amended 555 to read: 556 943.031 Florida Violent Crime and Drug Control Council.— 557 (2) MEMBERSHIP.—The council shall consist of 14 members, as 558 follows: 559 (a) The Attorney General or a designate. 560 (b) A designate of the executive director of the Department 561 of Law Enforcement. 562 (c) The secretary of the Department of Corrections or a 563 designate. 564 (d) The Secretary of Juvenile Justice or a designate. 565 (e) The Commissioner of Education or a designate. 566 (f) The president of the Florida Network of Victim/Witness 567 Services, Inc., or a designate. 568 (g) The policy coordinator in the Public Safety Unit of the 569 Governor’s Office of Planning and Budgetingdirector of the570Office of Drug Control within the Executive Office of the571Governor, or a designate. 572 (h) The Chief Financial Officer, or a designate. 573 (i) Six members appointed by the Governor, consisting of 574 two sheriffs, two chiefs of police, one medical examiner, and 575 one state attorney or their designates. 576 577 The Governor, when making appointments under this subsection, 578 must take into consideration representation by geography, 579 population, ethnicity, and other relevant factors to ensure that 580 the membership of the council is representative of the state at 581 large. Designates appearing on behalf of a council member who is 582 unable to attend a meeting of the council are empowered to vote 583 on issues before the council to the same extent the designating 584 council member is so empowered. 585 (5) DUTIES OF COUNCIL.—The council shall provide advice and 586 make recommendations, as necessary, to the executive director of 587 the department. 588 (a) The council may advise the executive director on the 589 feasibility of undertaking initiatives which include, but are 590 not limited to, the following: 591 1. Establishing a program which provides grants to criminal 592 justice agencies that develop and implement effective violent 593 crime prevention and investigative programs and which provides 594 grants to law enforcement agencies for the purpose of drug 595 control, criminal gang, and illicit money laundering 596 investigative efforts or task force efforts that are determined 597 by the council to significantly contribute to achieving the 598 state’s goal of reducing drug-related crimeas articulated by599the Office of Drug Control, that represent significant criminal 600 gang investigative efforts, that represent a significant illicit 601 money laundering investigative effort, or that otherwise 602 significantly support statewide strategies developed by the 603 Statewide Drug Policy Advisory Council established under s. 604 397.333, subject to the limitations provided in this section. 605 The grant program may include an innovations grant program to 606 provide startup funding for new initiatives by local and state 607 law enforcement agencies to combat violent crime or to implement 608 drug control, criminal gang, or illicit money laundering 609 investigative efforts or task force efforts by law enforcement 610 agencies, including, but not limited to, initiatives such as: 611 a. Providing enhanced community-oriented policing. 612 b. Providing additional undercover officers and other 613 investigative officers to assist with violent crime 614 investigations in emergency situations. 615 c. Providing funding for multiagency or statewide drug 616 control, criminal gang, or illicit money laundering 617 investigative efforts or task force efforts that cannot be 618 reasonably funded completely by alternative sources and that 619 significantly contribute to achieving the state’s goal of 620 reducing drug-related crimeas articulated by the Office of Drug621Control, that represent significant criminal gang investigative 622 efforts, that represent a significant illicit money laundering 623 investigative effort, or that otherwise significantly support 624 statewide strategies developed by the Statewide Drug Policy 625 Advisory Council established under s. 397.333. 626 2. Expanding the use of automated fingerprint 627 identification systems at the state and local level. 628 3. Identifying methods to prevent violent crime. 629 4. Identifying methods to enhance multiagency or statewide 630 drug control, criminal gang, or illicit money laundering 631 investigative efforts or task force efforts that significantly 632 contribute to achieving the state’s goal of reducing drug 633 related crimeas articulated by the Office of Drug Control, that 634 represent significant criminal gang investigative efforts, that 635 represent a significant illicit money laundering investigative 636 effort, or that otherwise significantly support statewide 637 strategies developed by the Statewide Drug Policy Advisory 638 Council established under s. 397.333. 639 5. Enhancing criminal justice training programs which 640 address violent crime, drug control, illicit money laundering 641 investigative techniques, or efforts to control and eliminate 642 criminal gangs. 643 6. Developing and promoting crime prevention services and 644 educational programs that serve the public, including, but not 645 limited to: 646 a. Enhanced victim and witness counseling services that 647 also provide crisis intervention, information referral, 648 transportation, and emergency financial assistance. 649 b. A well-publicized rewards program for the apprehension 650 and conviction of criminals who perpetrate violent crimes. 651 7. Enhancing information sharing and assistance in the 652 criminal justice community by expanding the use of community 653 partnerships and community policing programs. Such expansion may 654 include the use of civilian employees or volunteers to relieve 655 law enforcement officers of clerical work in order to enable the 656 officers to concentrate on street visibility within the 657 community. 658 (b) The full council shall: 659 1. Receive periodic reports from regional violent crime 660 investigation and statewide drug control strategy implementation 661 coordinating teams which relate to violent crime trends or the 662 investigative needs or successes in the regions, including 663 discussions regarding the activity of significant criminal gangs 664 in the region, factors, and trends relevant to the 665 implementation of the statewide drug strategy, and the results 666 of drug control and illicit money laundering investigative 667 efforts funded in part by the council. 668 2. Maintain and use criteria for the disbursement of funds 669 from the Violent Crime Investigative Emergency and Drug Control 670 Strategy Implementation Account or any other account from which 671 the council may disburse proactive investigative funds as may be 672 established within the Department of Law Enforcement Operating 673 Trust Fund or other appropriations provided to the Department of 674 Law Enforcement by the Legislature in the General Appropriations 675 Act. The criteria shall allow for the advancement of funds to 676 reimburse agencies regarding violent crime investigations as 677 approved by the full council and the advancement of funds to 678 implement proactive drug control strategies or significant 679 criminal gang investigative efforts as authorized by the Drug 680 Control Strategy and Criminal Gang Committee or the Victim and 681 Witness Protection Review Committee. Regarding violent crime 682 investigation reimbursement, an expedited approval procedure 683 shall be established for rapid disbursement of funds in violent 684 crime emergency situations. 685 (c) As used in this section, “significant criminal gang 686 investigative efforts” eligible for proactive funding must 687 involve at a minimum an effort against a known criminal gang 688 that: 689 1. Involves multiple law enforcement agencies. 690 2. Reflects a dedicated significant investigative effort on 691 the part of each participating agency in personnel, time devoted 692 to the investigation, and agency resources dedicated to the 693 effort. 694 3. Reflects a dedicated commitment by a prosecuting 695 authority to ensure that cases developed by the investigation 696 will be timely and effectively prosecuted. 697 4. Demonstrates a strategy and commitment to dismantling 698 the criminal gang via seizures of assets, significant money 699 laundering and organized crime investigations and prosecutions, 700 or similar efforts. 701 702 The council may require satisfaction of additional elements, to 703 include reporting criminal investigative and criminal 704 intelligence information related to criminal gang activity and 705 members in a manner required by the department, as a 706 prerequisite for receiving proactive criminal gang funding. 707 (6) DRUG CONTROL STRATEGY AND CRIMINAL GANG COMMITTEE.— 708 (a) The Drug Control Strategy and Criminal Gang Committee 709 is created within the Florida Violent Crime and Drug Control 710 Council, consisting of the following council members: 711 1. The Attorney General or a designate. 712 2. The designate of the executive director of the 713 Department of Law Enforcement. 714 3. The secretary of the Department of Corrections or a 715 designate. 716 4. The director of the Office of Planning and Budgeting in 717 the Executive Office of the GovernorDrug Control within the718Executive Office of the Governoror a designate. 719 5. The state attorney, the two sheriffs, and the two chiefs 720 of police, or their designates. 721 Section 11. Subsection (1) of section 943.042, Florida 722 Statutes, is amended to read: 723 943.042 Violent Crime Investigative Emergency and Drug 724 Control Strategy Implementation Account.— 725 (1) There is created a Violent Crime Investigative 726 Emergency and Drug Control Strategy Implementation Account 727 within the Department of Law Enforcement Operating Trust Fund. 728 The account shall be used to provide emergency supplemental 729 funds to: 730 (a) State and local law enforcement agencies thatwhichare 731 involved in complex and lengthy violent crime investigations, or 732 matching funding to multiagency or statewide drug control or 733 illicit money laundering investigative efforts or task force 734 efforts that significantly contribute to achieving the state’s 735 goal of reducing drug-related crimeas articulated by the Office736of Drug Control, that represent a significant illicit money 737 laundering investigative effort, or that otherwise significantly 738 support statewide strategies developed by the Statewide Drug 739 Policy Advisory Council established under s. 397.333; 740 (b) State and local law enforcement agencies thatwhichare 741 involved in violent crime investigations which constitute a 742 significant emergency within the state; or 743 (c) Counties thatwhichdemonstrate a significant hardship 744 or an inability to cover extraordinary expenses associated with 745 a violent crime trial. 746 Section 12. Subsection (7) of section 1006.07, Florida 747 Statutes, is repealed. 748 Section 13. In accordance with s. 11.242, Florida Statutes, 749 the Division of Statutory Revision of the Office of Legislative 750 Services is requested to prepare a reviser’s bill for 751 consideration by the 2012 Regular Session of the Legislature to 752 conform the Florida Statutes to the changes made by this act. 753 Section 14. This act shall take effect July 1, 2011.