Florida Senate - 2013                      CS for CS for SB 1110
       
       
       
       By the Committees on Criminal Justice; and Transportation; and
       Senator Evers
       
       
       
       591-03345-13                                          20131110c2
    1                        A bill to be entitled                      
    2         An act relating to railroad police officers; amending
    3         s. 354.01, F.S.; requiring the Governor to appoint one
    4         or more persons as special officers for a railroad or
    5         other common carrier under certain circumstances;
    6         authorizing the railroad or common carrier to
    7         temporarily employ a person as a special officer;
    8         requiring the special officer to have the same
    9         training and certification as a law enforcement
   10         officer; providing that a Class I, Class II, or Class
   11         III railroad is considered an “employing agency” for
   12         purposes of ss. 943.13 and 943.135(1), F.S.; providing
   13         responsibility of certain costs; amending s. 784.07,
   14         F.S.; defining the term “railroad special officer”;
   15         providing for reclassification of certain offenses
   16         committed against a railroad special officer; amending
   17         s. 943.10, F.S.; including special officers employed
   18         by a railroad or other common carrier within the
   19         definition of “law enforcement officer” and including
   20         certain railroads within the definition of “employing
   21         agency” for purposes of specified provisions relating
   22         to law enforcement officer standards; providing an
   23         effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 354.01, Florida Statutes, is amended to
   28  read:
   29         354.01 Appointment of special officers.—Upon the
   30  application of any railroad or other common carrier doing
   31  business in this state, the Governor shall appoint one or more
   32  persons who have met the law enforcement qualifications and
   33  training requirements of s. 943.13 943.13(1)-(10) as special
   34  officers for the protection and safety of such carriers; their
   35  passengers and employees; and the property of such carriers,
   36  passengers, and employees. However, until the Governor has
   37  either appointed or rejected the appointment of the special
   38  officer, a common carrier may temporarily employ a person as a
   39  special officer if the person complies with the qualifications
   40  for employment as a law enforcement officer in s. 943.13.
   41  Notwithstanding any other provision of law, a special officer
   42  shall be required to have the same training and certification as
   43  a law enforcement officer in accordance with s. 943.13 and s.
   44  943.135(1) and a Class I, Class II, or Class III railroad shall
   45  be considered an employing agency for purposes of s. 943.13 and
   46  s. 943.135(1), and shall pay all costs associated with the
   47  certification and continuing education of employed special
   48  officers.
   49         Section 2. Section 784.07, Florida Statutes, is amended to
   50  read:
   51         784.07 Assault or battery of law enforcement officers,
   52  firefighters, emergency medical care providers, public transit
   53  employees or agents, or other specified officers;
   54  reclassification of offenses; minimum sentences.—
   55         (1) As used in this section, the term:
   56         (a) “Emergency medical care provider” means an ambulance
   57  driver, emergency medical technician, paramedic, registered
   58  nurse, physician as defined in s. 401.23, medical director as
   59  defined in s. 401.23, or any person authorized by an emergency
   60  medical service licensed under chapter 401 who is engaged in the
   61  performance of his or her duties. The term “emergency medical
   62  care provider” also includes physicians, employees, agents, or
   63  volunteers of hospitals as defined in chapter 395, who are
   64  employed, under contract, or otherwise authorized by a hospital
   65  to perform duties directly associated with the care and
   66  treatment rendered by the hospital’s emergency department or the
   67  security thereof.
   68         (b) “Firefighter” means any person employed by any public
   69  employer of this state whose duty it is to extinguish fires; to
   70  protect life or property; or to enforce municipal, county, and
   71  state fire prevention codes, as well as any law pertaining to
   72  the prevention and control of fires.
   73         (c) “Law enforcement explorer” means any person who is a
   74  current member of a law enforcement agency’s explorer program
   75  and who is performing functions other than those required to be
   76  performed by sworn law enforcement officers on behalf of a law
   77  enforcement agency while under the direct physical supervision
   78  of a sworn officer of that agency and wearing a uniform that
   79  bears at least one patch that clearly identifies the law
   80  enforcement agency that he or she represents.
   81         (d) “Law enforcement officer” includes a law enforcement
   82  officer, a correctional officer, a correctional probation
   83  officer, a part-time law enforcement officer, a part-time
   84  correctional officer, an auxiliary law enforcement officer, and
   85  an auxiliary correctional officer, as those terms are
   86  respectively defined in s. 943.10, and any county probation
   87  officer; an employee or agent of the Department of Corrections
   88  who supervises or provides services to inmates; an officer of
   89  the Parole Commission; a federal law enforcement officer as
   90  defined in s. 901.1505; and law enforcement personnel of the
   91  Fish and Wildlife Conservation Commission or the Department of
   92  Law Enforcement.
   93         (e) “Public transit employees or agents” means bus
   94  operators, train operators, revenue collectors, security
   95  personnel, equipment maintenance personnel, or field
   96  supervisors, who are employees or agents of a transit agency as
   97  described in s. 812.015(1)(l).
   98         (f) “Railroad special officer” means a person employed by a
   99  Class I, Class II, or Class III railroad and appointed or
  100  pending appointment by the Governor pursuant to s. 354.01.
  101         (2) Whenever any person is charged with knowingly
  102  committing an assault or battery upon a law enforcement officer,
  103  a firefighter, an emergency medical care provider, a railroad
  104  special officer, a traffic accident investigation officer as
  105  described in s. 316.640, a nonsworn law enforcement agency
  106  employee who is certified as an agency inspector, a blood
  107  alcohol analyst, or a breath test operator while such employee
  108  is in uniform and engaged in processing, testing, evaluating,
  109  analyzing, or transporting a person who is detained or under
  110  arrest for DUI, a law enforcement explorer, a traffic infraction
  111  enforcement officer as described in s. 316.640, a parking
  112  enforcement specialist as defined in s. 316.640, a person
  113  licensed as a security officer as defined in s. 493.6101 and
  114  wearing a uniform that bears at least one patch or emblem that
  115  is visible at all times that clearly identifies the employing
  116  agency and that clearly identifies the person as a licensed
  117  security officer, or a security officer employed by the board of
  118  trustees of a community college, while the officer, firefighter,
  119  emergency medical care provider, railroad special officer,
  120  traffic accident investigation officer, traffic infraction
  121  enforcement officer, inspector, analyst, operator, law
  122  enforcement explorer, parking enforcement specialist, public
  123  transit employee or agent, or security officer is engaged in the
  124  lawful performance of his or her duties, the offense for which
  125  the person is charged shall be reclassified as follows:
  126         (a) In the case of assault, from a misdemeanor of the
  127  second degree to a misdemeanor of the first degree.
  128         (b) In the case of battery, from a misdemeanor of the first
  129  degree to a felony of the third degree.
  130         (c) In the case of aggravated assault, from a felony of the
  131  third degree to a felony of the second degree. Notwithstanding
  132  any other provision of law, any person convicted of aggravated
  133  assault upon a law enforcement officer shall be sentenced to a
  134  minimum term of imprisonment of 3 years.
  135         (d) In the case of aggravated battery, from a felony of the
  136  second degree to a felony of the first degree. Notwithstanding
  137  any other provision of law, any person convicted of aggravated
  138  battery of a law enforcement officer shall be sentenced to a
  139  minimum term of imprisonment of 5 years.
  140         (3) Any person who is convicted of a battery under
  141  paragraph (2)(b) and, during the commission of the offense, such
  142  person possessed:
  143         (a) A “firearm” or “destructive device” as those terms are
  144  defined in s. 790.001, shall be sentenced to a minimum term of
  145  imprisonment of 3 years.
  146         (b) A semiautomatic firearm and its high-capacity
  147  detachable box magazine, as defined in s. 775.087(3), or a
  148  machine gun as defined in s. 790.001, shall be sentenced to a
  149  minimum term of imprisonment of 8 years.
  150  
  151  Notwithstanding s. 948.01, adjudication of guilt or imposition
  152  of sentence shall not be suspended, deferred, or withheld, and
  153  the defendant is not eligible for statutory gain-time under s.
  154  944.275 or any form of discretionary early release, other than
  155  pardon or executive clemency, or conditional medical release
  156  under s. 947.149, prior to serving the minimum sentence.
  157         Section 3. Subsections (1) and (4) of section 943.10,
  158  Florida Statutes, are amended to read:
  159         943.10 Definitions; ss. 943.085-943.255.—The following
  160  words and phrases as used in ss. 943.085-943.255 are defined as
  161  follows:
  162         (1) “Law enforcement officer” means any person who is
  163  elected, appointed, or employed full time by any municipality or
  164  the state or any political subdivision thereof; who is vested
  165  with authority to bear arms and make arrests; and whose primary
  166  responsibility is the prevention and detection of crime or the
  167  enforcement of the penal, criminal, traffic, or highway laws of
  168  the state. This definition includes all certified supervisory
  169  and command personnel whose duties include, in whole or in part,
  170  the supervision, training, guidance, and management
  171  responsibilities of full-time law enforcement officers, part
  172  time law enforcement officers, or auxiliary law enforcement
  173  officers but does not include support personnel employed by the
  174  employing agency. For purposes of ss. 943.085-943.255 only, this
  175  definition also includes special officers employed by a Class I
  176  or Class II railroad and appointed by the Governor pursuant to
  177  s. 354.01.
  178         (4) “Employing agency” means any agency or unit of
  179  government or any municipality or the state or any political
  180  subdivision thereof, or any agent thereof, which has
  181  constitutional or statutory authority to employ or appoint
  182  persons as officers. The term also includes any private entity
  183  which has contracted with the state or county for the operation
  184  and maintenance of a nonjuvenile detention facility. For
  185  purposes of ss. 943.085-943.255 only, the term also includes a
  186  Class I or Class II railroad that employs special officers
  187  pursuant to s. 354.01.
  188         Section 4. This act shall take effect July 1, 2013.