ENROLLED
       2009 Legislature                                   CS for SB 554
       
       
       
       
       
       
                                                              2009554er
    1  
    2         An act relating to the legal jurisdiction of campus
    3         police; amending s. 23.1225, F.S.; redefining the term
    4         “mutual aid agreement” to authorize state university
    5         police officers to enforce laws within a specified
    6         jurisdictional area as agreed upon in a mutual aid
    7         agreement; amending s. 316.640, F.S.; authorizing
    8         university police officers to enforce traffic
    9         violations committed within a specified distance from
   10         property under the supervision or control of the
   11         university; amending s. 1012.97, F.S.; authorizing
   12         university police officers to arrest persons for
   13         violations that occur within a specified distance from
   14         property owned or controlled by the university or a
   15         direct-support organization of the university;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (a) of subsection (1) of section
   21  23.1225, Florida Statutes, is amended to read:
   22         23.1225 Mutual aid agreements.—
   23         (1) The term “mutual aid agreement,” as used in this part,
   24  refers to one of the following types of agreement:
   25         (a) A voluntary cooperation written agreement between two
   26  or more law enforcement agencies, which agreement permits
   27  voluntary cooperation and assistance of a routine law
   28  enforcement nature across jurisdictional lines. The agreement
   29  must specify the nature of the law enforcement assistance to be
   30  rendered, the agency or entity that shall bear any liability
   31  arising from acts undertaken under the agreement, the procedures
   32  for requesting and for authorizing assistance, the agency or
   33  entity that has command and supervisory responsibility, a time
   34  limit for the agreement, the amount of any compensation or
   35  reimbursement to the assisting agency or entity, and any other
   36  terms and conditions necessary to give it effect. Examples of
   37  law enforcement activities that may be addressed in a voluntary
   38  cooperation written agreement include, but are not limited to,
   39  establishing a joint city-county task force on narcotics
   40  smuggling, authorizing school safety officers to enforce laws in
   41  an area within 1,000 feet of a school or school board property,
   42  authorizing state university police officers to enforce laws
   43  within a specified jurisdictional area as agreed upon in the
   44  voluntary cooperation written agreement, or establishing a joint
   45  city-county traffic enforcement task force.
   46         Section 2. Paragraph (a) of subsection (1) of section
   47  316.640, Florida Statutes, is amended to read:
   48         316.640 Enforcement.—The enforcement of the traffic laws of
   49  this state is vested as follows:
   50         (1) STATE.—
   51         (a)1.a. The Division of Florida Highway Patrol of the
   52  Department of Highway Safety and Motor Vehicles; the Division of
   53  Law Enforcement of the Fish and Wildlife Conservation
   54  Commission; the Division of Law Enforcement of the Department of
   55  Environmental Protection; law enforcement officers of the
   56  Department of Transportation; and the agents, inspectors, and
   57  officers of the Department of Law Enforcement each have
   58  authority to enforce all of the traffic laws of this state on
   59  all the streets and highways thereof and elsewhere throughout
   60  the state wherever the public has a right to travel by motor
   61  vehicle.
   62         b. University police officers shall have authority to
   63  enforce all of the traffic laws of this state when such
   64  violations occur on or within 1,000 feet of about any property
   65  or facilities that are under the guidance, supervision,
   66  regulation, or control of a state university, a direct-support
   67  organization of such state university, or any other organization
   68  controlled by the state university or a direct-support
   69  organization of the state university, or when such violations
   70  occur within a specified jurisdictional area as agreed upon in a
   71  mutual aid agreement entered into with a law enforcement agency
   72  pursuant to s. 23.1225(1). except that Traffic laws may also be
   73  enforced off-campus when hot pursuit originates on or within
   74  1,000 feet of adjacent to any such property or facilities, or as
   75  agreed upon in accordance with the mutual aid agreement.
   76         c. Community college police officers shall have the
   77  authority to enforce all the traffic laws of this state only
   78  when such violations occur on any property or facilities that
   79  are under the guidance, supervision, regulation, or control of
   80  the community college system.
   81         d. Police officers employed by an airport authority shall
   82  have the authority to enforce all of the traffic laws of this
   83  state only when such violations occur on any property or
   84  facilities that are owned or operated by an airport authority.
   85         (I) An airport authority may employ as a parking
   86  enforcement specialist any individual who successfully completes
   87  a training program established and approved by the Criminal
   88  Justice Standards and Training Commission for parking
   89  enforcement specialists but who does not otherwise meet the
   90  uniform minimum standards established by the commission for law
   91  enforcement officers or auxiliary or part-time officers under s.
   92  943.12. Nothing in this sub-sub-subparagraph shall be construed
   93  to permit the carrying of firearms or other weapons, nor shall
   94  such parking enforcement specialist have arrest authority.
   95         (II) A parking enforcement specialist employed by an
   96  airport authority is authorized to enforce all state, county,
   97  and municipal laws and ordinances governing parking only when
   98  such violations are on property or facilities owned or operated
   99  by the airport authority employing the specialist, by
  100  appropriate state, county, or municipal traffic citation.
  101         e. The Office of Agricultural Law Enforcement of the
  102  Department of Agriculture and Consumer Services shall have the
  103  authority to enforce traffic laws of this state.
  104         f. School safety officers shall have the authority to
  105  enforce all of the traffic laws of this state when such
  106  violations occur on or about any property or facilities which
  107  are under the guidance, supervision, regulation, or control of
  108  the district school board.
  109         2. An agency of the state as described in subparagraph 1.
  110  is prohibited from establishing a traffic citation quota. A
  111  violation of this subparagraph is not subject to the penalties
  112  provided in chapter 318.
  113         3. Any disciplinary action taken or performance evaluation
  114  conducted by an agency of the state as described in subparagraph
  115  1. of a law enforcement officer’s traffic enforcement activity
  116  must be in accordance with written work-performance standards.
  117  Such standards must be approved by the agency and any collective
  118  bargaining unit representing such law enforcement officer. A
  119  violation of this subparagraph is not subject to the penalties
  120  provided in chapter 318.
  121         4. The Division of the Florida Highway Patrol may employ as
  122  a traffic accident investigation officer any individual who
  123  successfully completes instruction in traffic accident
  124  investigation and court presentation through the Selective
  125  Traffic Enforcement Program as approved by the Criminal Justice
  126  Standards and Training Commission and funded through the
  127  National Highway Traffic Safety Administration or a similar
  128  program approved by the commission, but who does not necessarily
  129  meet the uniform minimum standards established by the commission
  130  for law enforcement officers or auxiliary law enforcement
  131  officers under chapter 943. Any such traffic accident
  132  investigation officer who makes an investigation at the scene of
  133  a traffic accident may issue traffic citations, based upon
  134  personal investigation, when he or she has reasonable and
  135  probable grounds to believe that a person who was involved in
  136  the accident committed an offense under this chapter, chapter
  137  319, chapter 320, or chapter 322 in connection with the
  138  accident. This subparagraph does not permit the officer to carry
  139  firearms or other weapons, and such an officer does not have
  140  authority to make arrests.
  141         Section 3. Subsection (2) of section 1012.97, Florida
  142  Statutes, is amended to read:
  143         1012.97 University police.—
  144         (2) The university police are hereby declared to be law
  145  enforcement officers of the state and conservators of the peace
  146  and have with the right to arrest, in accordance with the laws
  147  of this state, any person for violation of state law or
  148  applicable county or city ordinances when such violations occur
  149  on or within 1,000 feet of any property or facilities that are
  150  under the guidance, supervision, regulation, or control of the
  151  state university, or a direct-support organization of such
  152  university, or any other organization controlled by the state
  153  university, or when such violations occur within a specified
  154  jurisdictional area as agreed upon in a mutual aid agreement
  155  entered into with a law enforcement agency pursuant to s.
  156  23.1225(1). except that Arrest may be made off campus when hot
  157  pursuit originates on or within 1,000 feet of any such property
  158  or facilities, or as agreed upon in accordance with the mutual
  159  aid agreement. Such officers shall have full authority to bear
  160  arms in the performance of their duties and to execute search
  161  warrants within their territorial jurisdiction. University
  162  police, when requested by the sheriff or local police authority,
  163  may serve subpoenas or other legal process and may make arrest
  164  of any person against whom a warrant has been issued or any
  165  charge has been made of violation of federal or state laws or
  166  county or city ordinances.
  167         Section 4. This act shall take effect July 1, 2009.