Senate Bill 1234

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1234

    By Senator Silver





    38-687A-00                                          See HB 663

  1                      A bill to be entitled

  2         An act relating to safe neighborhood

  3         improvement districts; amending s. 163.340,

  4         F.S.; including university police patrols

  5         within a definition; amending s. 163.503, F.S.;

  6         revising certain definitions; amending s.

  7         163.5035, F.S.; providing for exercise by

  8         university police patrols of law enforcement

  9         powers within safe neighborhood improvement

10         districts; amending s. 163.506, F.S.; providing

11         for qualifications of certain safe neighborhood

12         improvement district boards of directors;

13         specifying that university police patrol

14         officers are state law enforcement officers;

15         providing requirements; amending s. 163.5151,

16         F.S.; authorizing certain interlocal agreements

17         for certain purposes; creating s. 163.5235,

18         F.S.; authorizing safe neighborhood improvement

19         districts to enter into certain interlocal

20         agreements for certain purposes; providing an

21         effective date.

22

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

24

25         Section 1.  Subsection (23) of section 163.340, Florida

26  Statutes, is amended to read:

27         163.340  Definitions.--The following terms, wherever

28  used or referred to in this part, have the following meanings:

29         (23)  "Community policing innovation" means a policing

30  technique or strategy designed to reduce crime by reducing

31  opportunities for, and increasing the perceived risks of

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1234
    38-687A-00                                          See HB 663




  1  engaging in, criminal activity through visible presence of

  2  police in the community, including, but not limited to,

  3  community mobilization, neighborhood block watch, citizen

  4  patrol, university police patrol as defined in s. 163.503,

  5  citizen contact patrol, foot patrol, neighborhood storefront

  6  police stations, field interrogation, or intensified motorized

  7  patrol.

  8         Section 2.  Subsection (1) of section 163.503, Florida

  9  Statutes, is amended, and subsection (10) is added to that

10  section, to read:

11         163.503  Safe neighborhoods; definitions.--

12         (1)  "Safe neighborhood improvement district,"

13  "district," or "neighborhood improvement district" means a

14  district located in an area in which more than 75 percent of

15  the land is used for residential purposes, or in an area in

16  which more than 75 percent of the land is used for commercial,

17  office, business, postsecondary educational, or industrial

18  purposes, excluding the land area used for public facilities,

19  and where there is a plan to reduce crime through the

20  implementation of crime prevention through environmental

21  design, environmental security, or defensible space

22  techniques, or through community policing innovations or use

23  of a university police patrol.  Nothing in this section shall

24  preclude the inclusion of public land in a neighborhood

25  improvement district although the amount of land used for

26  public facilities is excluded from the land use acreage

27  calculations.

28         (10)  "University police patrol" means a police patrol

29  having law enforcement powers which services a safe

30  neighborhood improvement district coterminous with the

31  boundaries of the campus of a nonpublic university or college

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1234
    38-687A-00                                          See HB 663




  1  with enrollment in excess of 10,000 full-time students

  2  attending classes within the boundaries of said district and

  3  which is funded by such university or college or such other

  4  funding sources as authorized by law.

  5         Section 3.  Section 163.5035, Florida Statutes, is

  6  amended to read:

  7         163.5035  Safe neighborhood improvement districts;

  8  compliance with special district provisions.--Any special

  9  district created pursuant to this part shall comply with all

10  applicable provisions contained in chapter 189.  In cases

11  where a provision contained in this part conflicts with a

12  provision in chapter 189, the provision in chapter 189 shall

13  prevail. Notwithstanding any provision of this chapter or

14  chapter 189, a university police patrol created by a safe

15  neighborhood improvement district authorized under part IV may

16  exercise law enforcement powers within such district.

17         Section 4.  Subsection (3) of section 163.506, Florida

18  Statutes, is amended, and subsection (5) is added to that

19  section, to read:

20         163.506  Local government neighborhood improvement

21  districts; creation; advisory council; dissolution.--

22         (3)  As an alternative to designating the local

23  governing body as the board of directors, a majority of the

24  local governing body of a city or county may appoint a board

25  of three to seven directors for the district who shall be

26  residents of the proposed area and who are subject to ad

27  valorem taxation in the residential neighborhood improvement

28  district or who are property owners in a commercial

29  neighborhood improvement district. Notwithstanding this

30  section, the board of directors of a neighborhood improvement

31  district which has a university police patrol shall have

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1234
    38-687A-00                                          See HB 663




  1  qualifications as set forth in the ordinance creating the

  2  district or any amendments to such ordinance. The directors

  3  shall be appointed for staggered terms of 3 years.  The

  4  initial appointments shall be as follows:  one director for a

  5  1-year term; one director for a 2-year term; and one director

  6  for a 3-year term. If more than three directors are to be

  7  appointed, the additional members shall initially be appointed

  8  for 3-year terms.  Vacancies shall be filled for the unexpired

  9  portion of a term in the same manner as the initial

10  appointments were made. Each director shall hold office until

11  his or her successor is appointed and qualified unless the

12  director ceases to be qualified or is removed from office.

13  Upon appointment and qualification and in January of each

14  year, the directors shall organize by electing from their

15  number a chair and a secretary.

16         (5)  All individuals who are police officers comprising

17  a university police patrol are law enforcement officers of

18  this state with the right to make arrests and bear arms and

19  shall meet the standards established by the Criminal Justice

20  Standards and Training Commission and be certified as law

21  enforcement officers by such commission. Such individuals who

22  are police officers shall be considered employees of the

23  district.

24         Section 5.  Subsection (5) is added to section

25  163.5151, Florida Statutes, to read:

26         163.5151  Fiscal management; budget preparation.--

27         (5)  Notwithstanding this section, the budget and

28  fiscal matters pertaining to a safe neighborhood district

29  having a university police patrol may be prescribed by

30  interlocal agreement between the district and the local

31  governing body.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1234
    38-687A-00                                          See HB 663




  1         Section 6.  Section 163.5235, Florida Statutes, is

  2  created to read:

  3         163.5235  Interlocal agreements.--A safe neighborhood

  4  improvement district with a university police patrol may enter

  5  into an interlocal agreement pursuant to s. 163.01 with the

  6  unit of local government which created the district and any

  7  other unit of local government pertaining to the operation of

  8  the district, which agreement may include provisions regarding

  9  mutual aid, cooperation, sharing of resources, budgeting, and

10  financial assistance.

11         Section 7.  This act shall take effect upon becoming a

12  law.

13

14            *****************************************

15                       LEGISLATIVE SUMMARY

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      Defines university police patrol with respect to safe
17    neighborhood improvement districts, specifies that such
      university police patrol officers are state law
18    enforcement officers, provides for exercise of law
      enforcement powers by university police patrols within
19    safe neighborhood improvement districts, and authorizes
      safe neighborhood improvement districts with a university
20    police patrol to enter into interlocal agreements for
      specified purposes. (See bill for details.)
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