House Bill 1123c1

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    Florida House of Representatives - 2000             CS/HB 1123

        By the Committee on Law Enforcement & Crime Prevention and
    Representatives Crist, Heyman, Goode, Gottlieb, Futch, Kilmer
    and J. Miller




  1                      A bill to be entitled

  2         An act relating to law enforcement; amending s.

  3         23.1225, F.S.; describing an additional

  4         authorized joint city-county law enforcement

  5         activity by voluntary cooperation written

  6         agreement; amending s. 810.011, F.S.; providing

  7         a definition; amending s. 901.15, F.S.;

  8         specifying lawful arrest without a warrant for

  9         trespass in secure areas of airports; providing

10         for immunity from civil liability for arresting

11         law enforcement officers under certain

12         circumstances; amending s. 934.03, F.S.;

13         revising limited authorization for certain

14         personnel to intercept and record specified

15         incoming wire communications; providing an

16         effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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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

24  part, refers to one of the following types of agreement:

25         (a)  A voluntary cooperation written agreement between

26  two or more law enforcement agencies, or between one or more

27  law enforcement agencies and either a school board that

28  employs school safety officers or a state university that

29  employs or appoints university police officers in accordance

30  with s. 240.268, which agreement permits voluntary cooperation

31  and assistance of a routine law enforcement nature across

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    Florida House of Representatives - 2000             CS/HB 1123

    604-153-00






  1  jurisdictional lines.  The agreement must specify the nature

  2  of the law enforcement assistance to be rendered, the agency

  3  or entity that shall bear any liability arising from acts

  4  undertaken under the agreement, the procedures for requesting

  5  and for authorizing assistance, the agency or entity that has

  6  command and supervisory responsibility, a time limit for the

  7  agreement, the amount of any compensation or reimbursement to

  8  the assisting agency or entity, and any other terms and

  9  conditions necessary to give it effect. Examples of law

10  enforcement activities that may be addressed in a voluntary

11  cooperation written agreement include, but are not limited to,

12  establishing a joint city-county task force on narcotics

13  smuggling, or authorizing school safety officers to enforce

14  laws in an area within 1,000 feet of a school or school board

15  property, or establishing a joint city-county traffic

16  enforcement task force.

17         Section 2.  Subsection (12) is added to section

18  810.011, Florida Statutes, to read:

19         810.011  Definitions.--As used in this chapter:

20         (12)  "Authorized person" means any owner or relative

21  of an owner, any agent, or any law enforcement officer whose

22  department has received written authorization to communicate

23  an order to leave the property, in the case of a threat to the

24  public's safety or welfare, from the owner or his or her

25  agent.

26         Section 3.  Subsection (15) is added to section 901.15,

27  Florida Statutes, to read:

28         901.15  When arrest by officer without warrant is

29  lawful.--A law enforcement officer may arrest a person without

30  a warrant when:

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    Florida House of Representatives - 2000             CS/HB 1123

    604-153-00






  1         (15)  There is probable cause to believe that the

  2  person has committed trespass in a secure area of an airport

  3  when signs are posted in conspicuous areas of the airport or

  4  oral directions are given by airport security personnel

  5  advising passengers and other persons in the airport of the

  6  existence and secure nature of such areas, that unauthorized

  7  entry into such areas constitutes a trespass, and of the

  8  methods for gaining authorized access to such areas.  An

  9  arrest under this subsection may be made on or off airport

10  premises.  A law enforcement officer who acts in good faith

11  and exercises due care in making an arrest under this

12  subsection is immune from civil liability that otherwise might

13  result by reason of the law enforcement officer's action.

14         Section 4.  Paragraph (g) of subsection (2) of section

15  934.03, Florida Statutes, is amended to read:

16         934.03  Interception and disclosure of wire, oral, or

17  electronic communications prohibited.--

18         (2)

19         (g)  It is lawful under ss. 934.03-934.09 for an

20  employee of:

21         1.  An ambulance service licensed pursuant to s.

22  401.25, a fire station employing firefighters as defined by s.

23  633.30, a public utility as defined by ss. 365.01 and 366.02,

24  a law enforcement agency as defined by s. 934.02(10), or any

25  other entity with published emergency telephone numbers;

26         2.  An agency operating an emergency telephone number

27  "911" system established pursuant to s. 365.171; or

28         3.  The central abuse hotline operated pursuant to s.

29  39.201,

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    Florida House of Representatives - 2000             CS/HB 1123

    604-153-00






  1  to intercept and record incoming wire communications; however,

  2  such employee may intercept and record incoming wire

  3  communications on designated "911" telephone numbers and

  4  published nonemergency emergency telephone numbers staffed by

  5  trained dispatchers at public safety answering points only.

  6  It is also lawful for such employee to intercept and record

  7  outgoing wire communications to the numbers from which such

  8  incoming wire communications were placed when necessary to

  9  obtain information required to provide the emergency services

10  being requested.

11         Section 5.  This act shall take effect October 1, 2000.

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