CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS/HB 1123
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraph (a) of subsection (1) of section
18 23.1225, Florida Statutes, is amended to read:
19 23.1225 Mutual aid agreements.--
20 (1) The term "mutual aid agreement," as used in this
21 part, refers to one of the following types of agreement:
22 (a) A voluntary cooperation written agreement between
23 two or more law enforcement agencies, or between one or more
24 law enforcement agencies and either a school board that
25 employs school safety officers or a state university that
26 employs or appoints university police officers in accordance
27 with s. 240.268, which agreement permits voluntary cooperation
28 and assistance of a routine law enforcement nature across
29 jurisdictional lines. The agreement must specify the nature
30 of the law enforcement assistance to be rendered, the agency
31 or entity that shall bear any liability arising from acts
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SENATE AMENDMENT
Bill No. CS/HB 1123
Amendment No.
1 undertaken under the agreement, the procedures for requesting
2 and for authorizing assistance, the agency or entity that has
3 command and supervisory responsibility, a time limit for the
4 agreement, the amount of any compensation or reimbursement to
5 the assisting agency or entity, and any other terms and
6 conditions necessary to give it effect. Examples of law
7 enforcement activities that may be addressed in a voluntary
8 cooperation written agreement include, but are not limited to,
9 establishing a joint city-county task force on narcotics
10 smuggling, or authorizing school safety officers to enforce
11 laws in an area within 1,000 feet of a school or school board
12 property, or establishing a joint city-county traffic
13 enforcement task force.
14 Section 2. Subsection (3) is added to section 810.08,
15 Florida Statutes, to read:
16 810.08 Trespass in structure or conveyance.--
17 (3) As used in this section, the term "person
18 authorized" means any owner or lessee, or his or her agent, or
19 any law enforcement officer whose department has received
20 written authorization from the owner or lessee, or his or her
21 agent, to communicate an order to depart the property in the
22 case of a threat to public safety or welfare.
23 Section 3. Subsection (3) is added to section 810.09,
24 Florida Statutes, to read:
25 810.09 Trespass on property other than structure or
26 conveyance.--
27 (3) As used in this section, the term "authorized
28 person" or "person authorized" means any owner, or his or her
29 agent, or any law enforcement officer whose department has
30 received written authorization from the owner, or his or her
31 agent, to communicate an order to leave the property in the
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SENATE AMENDMENT
Bill No. CS/HB 1123
Amendment No.
1 case of a threat to public safety or welfare.
2 Section 4. Subsection (15) is added to section 901.15,
3 Florida Statutes, to read:
4 901.15 When arrest by officer without warrant is
5 lawful.--A law enforcement officer may arrest a person without
6 a warrant when:
7 (15) There is probable cause to believe that the
8 person has committed trespass in a secure area of an airport
9 when signs are posted in conspicuous areas of the airport
10 which notify that unauthorized entry into such areas
11 constitutes a trespass and specify the methods for gaining
12 authorized access to such areas. An arrest under this
13 subsection may be made on or off airport premises. A law
14 enforcement officer who acts in good faith and exercises due
15 care in making an arrest under this subsection is immune from
16 civil liability that otherwise might result by reason of the
17 law enforcement officer's action.
18 Section 5. Paragraph (g) of subsection (2) of section
19 934.03, Florida Statutes, is amended to read:
20 934.03 Interception and disclosure of wire, oral, or
21 electronic communications prohibited.--
22 (2)
23 (g) It is lawful under ss. 934.03-934.09 for an
24 employee of:
25 1. An ambulance service licensed pursuant to s.
26 401.25, a fire station employing firefighters as defined by s.
27 633.30, a public utility as defined by ss. 365.01 and 366.02,
28 a law enforcement agency as defined by s. 934.02(10), or any
29 other entity with published emergency telephone numbers;
30 2. An agency operating an emergency telephone number
31 "911" system established pursuant to s. 365.171; or
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SENATE AMENDMENT
Bill No. CS/HB 1123
Amendment No.
1 3. The central abuse hotline operated pursuant to s.
2 39.201,
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4 to intercept and record incoming wire communications; however,
5 such employee may intercept and record incoming wire
6 communications on designated "911" telephone numbers and
7 published nonemergency emergency telephone numbers staffed by
8 trained dispatchers at public safety answering points only.
9 It is also lawful for such employee to intercept and record
10 outgoing wire communications to the numbers from which such
11 incoming wire communications were placed when necessary to
12 obtain information required to provide the emergency services
13 being requested.
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17 And the title is amended as follows:
18 Delete everything before the enacting clause
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20 and insert:
21 A bill to be entitled
22 An act relating to law enforcement; amending s.
23 23.1225, F.S.; describing an additional
24 authorized joint city-county law enforcement
25 activity by voluntary cooperation written
26 agreement; amending ss. 810.08, 810.09, F.S.;
27 defining the terms "person authorized" and
28 "authorized person" for purposes of provisions
29 prohibiting trespass; amending s. 901.15, F.S.;
30 specifying lawful arrest without a warrant for
31 trespass in secure areas of airports; providing
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SENATE AMENDMENT
Bill No. CS/HB 1123
Amendment No.
1 for immunity from civil liability for arresting
2 law enforcement officers under certain
3 circumstances; amending s. 934.03, F.S.;
4 revising limited authorization for certain
5 personnel to intercept and record specified
6 incoming wire communications; providing an
7 effective date.
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