Senate Bill 1422

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



    Florida Senate - 2000                                  SB 1422

    By Senator Bronson





    18-1191-00                                              See HB

  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. 901.15, F.S.; specifying

  7         lawful arrest without a warrant for trespass in

  8         secure areas of airports; providing for

  9         immunity from civil liability for arresting law

10         enforcement officers under certain

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

12         revising limited authorization for certain

13         personnel to intercept and record specified

14         incoming wire communications; providing an

15         effective date.

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

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19         Section 1.  Paragraph (a) of subsection (1) of section

20  23.1225, Florida Statutes, is amended to read:

21         23.1225  Mutual aid agreements.--

22         (1)  The term "mutual aid agreement," as used in this

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

24         (a)  A voluntary cooperation written agreement between

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

26  law enforcement agencies and either a school board that

27  employs school safety officers or a state university that

28  employs or appoints university police officers in accordance

29  with s. 240.268, which agreement permits voluntary cooperation

30  and assistance of a routine law enforcement nature across

31  jurisdictional lines.  The agreement must specify the nature

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






    Florida Senate - 2000                                  SB 1422
    18-1191-00                                              See HB




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

  2  or entity that shall bear any liability arising from acts

  3  undertaken under the agreement, the procedures for requesting

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

  5  command and supervisory responsibility, a time limit for the

  6  agreement, the amount of any compensation or reimbursement to

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

  8  conditions necessary to give it effect. Examples of law

  9  enforcement activities that may be addressed in a voluntary

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

11  establishing a joint city-county task force on narcotics

12  smuggling, or authorizing school safety officers to enforce

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

14  property, or establishing a joint city-county traffic

15  enforcement task force.

16         Section 2.  Subsection (15) is added to section 901.15,

17  Florida Statutes, to read:

18         901.15  When arrest by officer without warrant is

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

20  a warrant when:

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

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

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

24  oral directions are given by airport security personnel

25  advising passengers and other persons in the airport of the

26  existence and secure nature of such areas, that unauthorized

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

28  methods for gaining authorized access to such areas.  An

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

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

31  and exercises due care in making an arrest under this

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






    Florida Senate - 2000                                  SB 1422
    18-1191-00                                              See HB




  1  subsection is immune from civil liability that otherwise might

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

  3         Section 3.  Paragraph (g) of subsection (2) of section

  4  934.03, Florida Statutes, is amended to read:

  5         934.03  Interception and disclosure of wire, oral, or

  6  electronic communications prohibited.--

  7         (2)

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

  9  employee of:

10         1.  An ambulance service licensed pursuant to s.

11  401.25, a fire station employing firefighters as defined by s.

12  633.30, a public utility as defined by ss. 365.01 and 366.02,

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

14  other entity with published emergency telephone numbers;

15         2.  An agency operating an emergency telephone number

16  "911" system established pursuant to s. 365.171; or

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

18  39.201,

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20  to intercept and record incoming wire communications; however,

21  such employee may intercept and record incoming wire

22  communications on designated "911" telephone numbers and

23  published nonemergency emergency telephone numbers staffed by

24  trained dispatchers at public safety answering points only.

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

26  outgoing wire communications to the numbers from which such

27  incoming wire communications were placed when necessary to

28  obtain information required to provide the emergency services

29  being requested.

30         Section 4.  This act shall take effect October 1, 2000.

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






    Florida Senate - 2000                                  SB 1422
    18-1191-00                                              See HB




  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Includes joint city-county traffic enforcement task
  4    forces by voluntary cooperation written agreement in
      authorized law enforcement activities. Provides for
  5    lawful arrest without a warrant for trespass in secure
      areas of airports. Limits authorized interception and
  6    recording by authorized personnel of incoming wire
      communications to "911" telephone numbers and published
  7    nonemergency telephone numbers staffed by trained
      dispatchers at public safety answering points only.
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