Senate Bill 1422c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1422
By the Committee on Criminal Justice and Senator Bronson
307-2019-00
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 ss. 810.08, 810.09, F.S.;
7 defining the terms "person authorized" and
8 "authorized person" for purposes of provisions
9 prohibiting trespass; amending s. 901.15, F.S.;
10 specifying lawful arrest without a warrant for
11 trespass in secure areas of airports; providing
12 for immunity from civil liability for arresting
13 law enforcement officers under certain
14 circumstances; amending s. 934.03, F.S.;
15 revising limited authorization for certain
16 personnel to intercept and record specified
17 incoming wire communications; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (a) of subsection (1) of section
23 23.1225, Florida Statutes, is amended to read:
24 23.1225 Mutual aid agreements.--
25 (1) The term "mutual aid agreement," as used in this
26 part, refers to one of the following types of agreement:
27 (a) A voluntary cooperation written agreement between
28 two or more law enforcement agencies, or between one or more
29 law enforcement agencies and either a school board that
30 employs school safety officers or a state university that
31 employs or appoints university police officers in accordance
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1422
307-2019-00
1 with s. 240.268, which agreement permits voluntary cooperation
2 and assistance of a routine law enforcement nature across
3 jurisdictional lines. The agreement must specify the nature
4 of the law enforcement assistance to be rendered, the agency
5 or entity that shall bear any liability arising from acts
6 undertaken under the agreement, the procedures for requesting
7 and for authorizing assistance, the agency or entity that has
8 command and supervisory responsibility, a time limit for the
9 agreement, the amount of any compensation or reimbursement to
10 the assisting agency or entity, and any other terms and
11 conditions necessary to give it effect. Examples of law
12 enforcement activities that may be addressed in a voluntary
13 cooperation written agreement include, but are not limited to,
14 establishing a joint city-county task force on narcotics
15 smuggling, or authorizing school safety officers to enforce
16 laws in an area within 1,000 feet of a school or school board
17 property, or establishing a joint city-county traffic
18 enforcement task force.
19 Section 2. Subsection (3) is added to section 810.08,
20 Florida Statutes, to read:
21 810.08 Trespass in structure or conveyance.--
22 (3) As used in this section, the term "person
23 authorized" means any owner or lessee, or his or her agent, or
24 any law enforcement officer whose department has received
25 written authorization from the owner or lessee, or his or her
26 agent, to communicate an order to depart the property in the
27 case of a threat to public safety or welfare.
28 Section 3. Subsection (3) is added to section 810.09,
29 Florida Statutes, to read:
30 810.09 Trespass on property other than structure or
31 conveyance.--
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1422
307-2019-00
1 (3) As used in this section, the term "authorized
2 person" or "person authorized" means any owner, or his or her
3 agent, or any law enforcement officer whose department has
4 received written authorization from the owner, or his or her
5 agent, to communicate an order to leave the property in the
6 case of a threat to public safety or welfare.
7 Section 4. Subsection (15) is added to section 901.15,
8 Florida Statutes, to read:
9 901.15 When arrest by officer without warrant is
10 lawful.--A law enforcement officer may arrest a person without
11 a warrant when:
12 (15) There is probable cause to believe that the
13 person has committed trespass in a secure area of an airport
14 when signs are posted in conspicuous areas of the airport
15 which notify that unauthorized entry into such areas
16 constitutes a trespass and specify the methods for gaining
17 authorized access to such areas. An arrest under this
18 subsection may be made on or off airport premises. A law
19 enforcement officer who acts in good faith and exercises due
20 care in making an arrest under this subsection is immune from
21 civil liability that otherwise might result by reason of the
22 law enforcement officer's action.
23 Section 5. Paragraph (g) of subsection (2) of section
24 934.03, Florida Statutes, is amended to read:
25 934.03 Interception and disclosure of wire, oral, or
26 electronic communications prohibited.--
27 (2)
28 (g) It is lawful under ss. 934.03-934.09 for an
29 employee of:
30 1. An ambulance service licensed pursuant to s.
31 401.25, a fire station employing firefighters as defined by s.
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Florida Senate - 2000 CS for SB 1422
307-2019-00
1 633.30, a public utility as defined by ss. 365.01 and 366.02,
2 a law enforcement agency as defined by s. 934.02(10), or any
3 other entity with published emergency telephone numbers;
4 2. An agency operating an emergency telephone number
5 "911" system established pursuant to s. 365.171; or
6 3. The central abuse hotline operated pursuant to s.
7 39.201,
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9 to intercept and record incoming wire communications; however,
10 such employee may intercept and record incoming wire
11 communications on designated "911" telephone numbers and
12 published nonemergency emergency telephone numbers staffed by
13 trained dispatchers at public safety answering points only.
14 It is also lawful for such employee to intercept and record
15 outgoing wire communications to the numbers from which such
16 incoming wire communications were placed when necessary to
17 obtain information required to provide the emergency services
18 being requested.
19 Section 6. This act shall take effect October 1, 2000.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 Senate Bill 1422
23
24 - Removes language authorizing warrantless arrest for
trespass where "oral directions are given by airport
25 security personnel advising passengers and other persons
in the airport of the existence and secure nature of
26 such areas."
27 - Amends ss. 810.08 and 810.09, F.S., to define the terms
"person authorized" and "authorized person" for purposes
28 of provisions prohibiting trespass.
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