Florida Senate - 2013                             CS for SB 1110
       
       
       
       By the Committee on Transportation; and Senator Evers
       
       
       
       
       596-02419-13                                          20131110c1
    1                        A bill to be entitled                      
    2         An act relating to railroad police officers; amending
    3         s. 354.01, F.S.; requiring special officers employed
    4         by a railroad or other common carrier to comply with
    5         specified continuing training or education
    6         requirements; providing that a special officer is not
    7         considered a “law enforcement officer” except for
    8         purposes of ss. 943.085-943.255, F.S.; providing that
    9         a Class I or Class II railroad is not considered an
   10         “employing agency” except for purposes of ss. 943.085
   11         943.255, F.S.; providing responsibility of certain
   12         costs; amending s. 784.07, F.S.; defining the term
   13         “railroad special officer”; providing for
   14         reclassification of certain offenses committed against
   15         a railroad special officer; amending s. 943.10, F.S.;
   16         including special officers employed by a railroad or
   17         other common carrier within the definition of “law
   18         enforcement officer” and including certain railroads
   19         within the definition of “employing agency” for
   20         purposes of specified provisions relating to law
   21         enforcement officer standards; providing an effective
   22         date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 354.01, Florida Statutes, is amended to
   27  read:
   28         354.01 Appointment of special officers.—Upon the
   29  application of any railroad or other common carrier doing
   30  business in this state, the Governor shall appoint one or more
   31  persons who have met the law enforcement qualifications and
   32  training requirements of s. 943.13 943.13(1)-(10) as special
   33  officers for the protection and safety of such carriers; their
   34  passengers and employees; and the property of such carriers,
   35  passengers, and employees. A special officer shall not be
   36  considered a “law enforcement officer” except for purposes of
   37  ss. 943.085-943.255. A Class I or Class II railroad shall not be
   38  considered an “employing agency” except for purposes of ss.
   39  943.085-943.255. Notwithstanding s. 943.25(5), a Class I or
   40  Class II railroad that employs special officers shall as a non
   41  public employing entity incur all costs associated with
   42  certification and continuing education of the employed special
   43  officers.
   44         Section 2. Section 784.07, Florida Statutes, is amended to
   45  read:
   46         784.07 Assault or battery of law enforcement officers,
   47  firefighters, emergency medical care providers, public transit
   48  employees or agents, or other specified officers;
   49  reclassification of offenses; minimum sentences.—
   50         (1) As used in this section, the term:
   51         (a) “Emergency medical care provider” means an ambulance
   52  driver, emergency medical technician, paramedic, registered
   53  nurse, physician as defined in s. 401.23, medical director as
   54  defined in s. 401.23, or any person authorized by an emergency
   55  medical service licensed under chapter 401 who is engaged in the
   56  performance of his or her duties. The term “emergency medical
   57  care provider” also includes physicians, employees, agents, or
   58  volunteers of hospitals as defined in chapter 395, who are
   59  employed, under contract, or otherwise authorized by a hospital
   60  to perform duties directly associated with the care and
   61  treatment rendered by the hospital’s emergency department or the
   62  security thereof.
   63         (b) “Firefighter” means any person employed by any public
   64  employer of this state whose duty it is to extinguish fires; to
   65  protect life or property; or to enforce municipal, county, and
   66  state fire prevention codes, as well as any law pertaining to
   67  the prevention and control of fires.
   68         (c) “Law enforcement explorer” means any person who is a
   69  current member of a law enforcement agency’s explorer program
   70  and who is performing functions other than those required to be
   71  performed by sworn law enforcement officers on behalf of a law
   72  enforcement agency while under the direct physical supervision
   73  of a sworn officer of that agency and wearing a uniform that
   74  bears at least one patch that clearly identifies the law
   75  enforcement agency that he or she represents.
   76         (d) “Law enforcement officer” includes a law enforcement
   77  officer, a correctional officer, a correctional probation
   78  officer, a part-time law enforcement officer, a part-time
   79  correctional officer, an auxiliary law enforcement officer, and
   80  an auxiliary correctional officer, as those terms are
   81  respectively defined in s. 943.10, and any county probation
   82  officer; an employee or agent of the Department of Corrections
   83  who supervises or provides services to inmates; an officer of
   84  the Parole Commission; a federal law enforcement officer as
   85  defined in s. 901.1505; and law enforcement personnel of the
   86  Fish and Wildlife Conservation Commission or the Department of
   87  Law Enforcement.
   88         (e) “Public transit employees or agents” means bus
   89  operators, train operators, revenue collectors, security
   90  personnel, equipment maintenance personnel, or field
   91  supervisors, who are employees or agents of a transit agency as
   92  described in s. 812.015(1)(l).
   93         (f) “Railroad special officer” means a person employed by a
   94  Class I or Class II railroad and appointed by the Governor
   95  pursuant to s. 354.01.
   96         (2) Whenever any person is charged with knowingly
   97  committing an assault or battery upon a law enforcement officer,
   98  a firefighter, an emergency medical care provider, a railroad
   99  special officer, a traffic accident investigation officer as
  100  described in s. 316.640, a nonsworn law enforcement agency
  101  employee who is certified as an agency inspector, a blood
  102  alcohol analyst, or a breath test operator while such employee
  103  is in uniform and engaged in processing, testing, evaluating,
  104  analyzing, or transporting a person who is detained or under
  105  arrest for DUI, a law enforcement explorer, a traffic infraction
  106  enforcement officer as described in s. 316.640, a parking
  107  enforcement specialist as defined in s. 316.640, a person
  108  licensed as a security officer as defined in s. 493.6101 and
  109  wearing a uniform that bears at least one patch or emblem that
  110  is visible at all times that clearly identifies the employing
  111  agency and that clearly identifies the person as a licensed
  112  security officer, or a security officer employed by the board of
  113  trustees of a community college, while the officer, firefighter,
  114  emergency medical care provider, railroad special officer,
  115  traffic accident investigation officer, traffic infraction
  116  enforcement officer, inspector, analyst, operator, law
  117  enforcement explorer, parking enforcement specialist, public
  118  transit employee or agent, or security officer is engaged in the
  119  lawful performance of his or her duties, the offense for which
  120  the person is charged shall be reclassified as follows:
  121         (a) In the case of assault, from a misdemeanor of the
  122  second degree to a misdemeanor of the first degree.
  123         (b) In the case of battery, from a misdemeanor of the first
  124  degree to a felony of the third degree.
  125         (c) In the case of aggravated assault, from a felony of the
  126  third degree to a felony of the second degree. Notwithstanding
  127  any other provision of law, any person convicted of aggravated
  128  assault upon a law enforcement officer shall be sentenced to a
  129  minimum term of imprisonment of 3 years.
  130         (d) In the case of aggravated battery, from a felony of the
  131  second degree to a felony of the first degree. Notwithstanding
  132  any other provision of law, any person convicted of aggravated
  133  battery of a law enforcement officer shall be sentenced to a
  134  minimum term of imprisonment of 5 years.
  135         (3) Any person who is convicted of a battery under
  136  paragraph (2)(b) and, during the commission of the offense, such
  137  person possessed:
  138         (a) A “firearm” or “destructive device” as those terms are
  139  defined in s. 790.001, shall be sentenced to a minimum term of
  140  imprisonment of 3 years.
  141         (b) A semiautomatic firearm and its high-capacity
  142  detachable box magazine, as defined in s. 775.087(3), or a
  143  machine gun as defined in s. 790.001, shall be sentenced to a
  144  minimum term of imprisonment of 8 years.
  145  
  146  Notwithstanding s. 948.01, adjudication of guilt or imposition
  147  of sentence shall not be suspended, deferred, or withheld, and
  148  the defendant is not eligible for statutory gain-time under s.
  149  944.275 or any form of discretionary early release, other than
  150  pardon or executive clemency, or conditional medical release
  151  under s. 947.149, prior to serving the minimum sentence.
  152         Section 3. Subsections (1) and (4) of section 943.10,
  153  Florida Statutes, are amended to read:
  154         943.10 Definitions; ss. 943.085-943.255.—The following
  155  words and phrases as used in ss. 943.085-943.255 are defined as
  156  follows:
  157         (1) “Law enforcement officer” means any person who is
  158  elected, appointed, or employed full time by any municipality or
  159  the state or any political subdivision thereof; who is vested
  160  with authority to bear arms and make arrests; and whose primary
  161  responsibility is the prevention and detection of crime or the
  162  enforcement of the penal, criminal, traffic, or highway laws of
  163  the state. This definition includes all certified supervisory
  164  and command personnel whose duties include, in whole or in part,
  165  the supervision, training, guidance, and management
  166  responsibilities of full-time law enforcement officers, part
  167  time law enforcement officers, or auxiliary law enforcement
  168  officers but does not include support personnel employed by the
  169  employing agency. For purposes of ss. 943.085-943.255 only, this
  170  definition also includes special officers employed by a Class I
  171  or Class II railroad and appointed by the Governor pursuant to
  172  s. 354.01.
  173         (4) “Employing agency” means any agency or unit of
  174  government or any municipality or the state or any political
  175  subdivision thereof, or any agent thereof, which has
  176  constitutional or statutory authority to employ or appoint
  177  persons as officers. The term also includes any private entity
  178  which has contracted with the state or county for the operation
  179  and maintenance of a nonjuvenile detention facility. For
  180  purposes of ss. 943.085-943.255 only, the term also includes a
  181  Class I or Class II railroad that employs special officers
  182  pursuant to s. 354.01.
  183         Section 4. This act shall take effect July 1, 2013.