House Bill hb0113B

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    Florida House of Representatives - 2001               HB 113-B

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to the Division of Florida

  3         Capitol Police; creating s. 943.51, F.S.;

  4         creating the Division of Florida Capitol Police

  5         within the Department of Law Enforcement;

  6         providing powers and duties of the division;

  7         creating ss. 943.52 and 943.53, F.S.; providing

  8         for investigations and arrests; creating s.

  9         943.54, F.S.; providing for ex officio agents

10         from the department, the Department of Highway

11         Safety and Motor Vehicles, and counties and

12         municipalities under certain circumstances;

13         creating s. 943.55, F.S.; providing for

14         contracts for certain security services with

15         county, municipal, or licensed private security

16         agencies; creating s. 943.56, F.S.; providing

17         for rules; creating s. 943.57, F.S.; providing

18         authority of the department relating to

19         maintenance of the division and uniforms for

20         officers and guards; prohibiting use of a

21         uniform or emblem by an unauthorized person;

22         prohibiting impersonation of officers and

23         guards; providing penalties; creating s.

24         943.58, F.S.; providing for security of the

25         Governor and certain visitors to the state;

26         requiring the department to provide security

27         and transportation at the request of specified

28         officials under certain circumstances;

29         requiring reports of such services;

30         transferring and renumbering s. 281.301, F.S.,

31         relating to confidentiality for information

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  1         related to certain security systems;

  2         transferring the Division of Capitol Police

  3         within the Department of Management Services to

  4         the Department of Law Enforcement; amending s.

  5         20.201, F.S.; adding the division to the

  6         Criminal Justice Investigations and Forensic

  7         Science Program in the department; repealing s.

  8         281.02, F.S., relating to powers and duties of

  9         the Department of Management Services, Florida

10         Capitol Police; repealing s. 281.03, F.S.,

11         relating to investigations by the Florida

12         Capitol Police; repealing s. 281.04, F.S.,

13         relating to arrests by agents of department;

14         repealing s. 281.05, F.S., relating to ex

15         officio agents; repealing s. 281.06, F.S.,

16         relating to contracts with counties,

17         municipalities, or licensed private security

18         agencies; repealing s. 281.07, F.S., relating

19         to rules governing the Facilities Program of

20         the Florida Capitol Police and traffic

21         regulation; repealing s. 281.08, F.S., relating

22         to equipment; repealing s. 281.20, F.S.,

23         relating to transportation and protective

24         services; amending ss. 287.17 and 288.816,

25         F.S.; conforming cross references; providing an

26         effective date.

27

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

29

30         Section 1.  Section 943.51, Florida Statutes, is

31  created to read:

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  1         943.51  Powers and duties of the Division of Florida

  2  Capitol Police.--There is created the Division of Florida

  3  Capitol Police within the department. The division has the

  4  following powers and duties:

  5         (1)  To establish, in consultation with the Department

  6  of Management Services, a comprehensive and ongoing plan for

  7  the fire safety and security of the Capitol, the Senate Office

  8  Building, the House Office Building, and the Historic Capitol,

  9  including, but not limited to, the institution of programs for

10  the awareness and training in fire safety and security of

11  members of the Legislature and their employees, and all other

12  elected or appointed officials and their respective employees,

13  who occupy such buildings. The Florida Capitol Police shall

14  also ensure that adequate signs and personnel are in place to

15  inform and assist the occupants of and visitors to such

16  buildings.

17         (2)  To provide and maintain the fire safety and

18  security of all state-owned property leased from the

19  Department of Management Services, excluding state

20  universities and custodial institutions, the Governor's

21  office, the Governor's mansion and the grounds thereof, and

22  the Supreme Court.

23         (3)  To develop plans for reporting suspicious persons

24  or incidents involving state-owned or state-leased buildings

25  or property and emergency procedures and evacuation routes in

26  the event of fire, security threats, incidents prompting a

27  need for evacuation, acts of terrorism, or natural or manmade

28  disaster and to make such procedures and routes known to those

29  persons occupying state-owned buildings leased from the

30  Department of Management Services.

31         (4)  To employ:

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  1         (a)  Officers who hold certification as law enforcement

  2  officers in accordance with the minimum standards and

  3  qualifications as set forth in s. 943.13 and the provisions of

  4  chapter 110, who shall have the authority to bear arms, make

  5  arrests, and apply for arrest warrants; and

  6         (b)  Guards and administrative, clerical, technical,

  7  and other personnel as may be required.

  8         (5)  To train officers and guards in fire prevention,

  9  fire safety, and emergency medical procedures.

10         (6)  To respond to all complaints relating to criminal

11  activity or security threats within or upon state-owned or

12  state-leased buildings or property.

13         (7)  To enforce rules of the department governing the

14  regulation of traffic and parking on or at state-owned or

15  state-leased buildings or property, including, but not limited

16  to, issuing citations for the violation of such rules or the

17  traffic laws of the state or any county or municipality and

18  impounding illegally or wrongfully parked vehicles.

19         (8)  To delegate all or part of its duties provided in

20  this section to any state agency occupying such state-owned or

21  state-leased buildings or property.

22         Section 2.  Section 943.52, Florida Statutes, is

23  created to read:

24         943.52  Investigations by the Florida Capitol Police.--

25         (1)  The Florida Capitol Police shall conduct traffic

26  accident investigations and investigations relating to

27  felonies and misdemeanors occurring on or at state-owned or

28  state-leased buildings or property.  Any matters which are

29  deemed to involve a felony may be referred to the department's

30  special agents or inspectors or another appropriate law

31  enforcement agency for criminal investigation. Such referrals

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  1  shall include transmittal of records, reports, statements, and

  2  all other information relating to such matters.

  3         (2)  The Florida Capitol Police shall retain copies of

  4  all reports relating to such criminal activity for use in the

  5  ongoing fire safety and security plan as required in s.

  6  943.51.

  7         Section 3.  Section 943.53, Florida Statutes, is

  8  created to read:

  9         943.53  Arrests by officers of the Division of Florida

10  Capitol Police.--A person arrested by an officer of the

11  Florida Capitol Police shall be delivered to the sheriff of

12  the county in which the arrest takes place.

13         Section 4.  Section 943.54, Florida Statutes, is

14  created to read:

15         943.54  Ex officio agents.--Law enforcement officers of

16  the Department of Highway Safety and Motor Vehicles, special

17  agents or inspectors of the Department of Law Enforcement, and

18  law enforcement officers of counties and municipalities are ex

19  officio agents of the Florida Capitol Police and may, when

20  authorized by the Florida Capitol Police, enforce rules and

21  laws applicable to the powers and duties of the Florida

22  Capitol Police to provide and maintain the security required

23  by ss. 943.51-943.57.

24         Section 5.  Section 943.55, Florida Statutes, is

25  created to read:

26         943.55  Contracts with counties, municipalities, or

27  licensed private security agencies.--The department may

28  contract with any county, municipality, or licensed private

29  security agency to provide and maintain the security of

30  state-owned or state-leased buildings or property required by

31

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  1  ss. 943.51-943.57 upon such terms as the department may deem

  2  to be in the best interest of the state.

  3         Section 6.  Section 943.56, Florida Statutes, is

  4  created to read:

  5         943.56  Rules; Facilities Program, Florida Capitol

  6  Police; traffic regulation.--

  7         (1)  The department shall adopt and promulgate rules to

  8  govern the administration, operation, and management of the

  9  Facilities Program, Florida Capitol Police, and to regulate

10  traffic and parking on state-owned or state-leased buildings

11  or property, which rules are not in conflict with any state

12  law or county or municipal ordinance, and to carry out the

13  provisions of ss. 943.51-943.57.

14         (2)  Political subdivisions and municipalities may

15  enact and enforce ordinances on the violation of traffic and

16  parking rules provided in subsection (1).

17         Section 7.  Section 943.57, Florida Statutes, is

18  created to read:

19         943.57  Equipment.--

20         (1)  The department is specifically authorized to

21  purchase, sell, trade, rent, lease, and maintain all necessary

22  equipment, uniforms, motor vehicles, communication systems,

23  housing facilities, and office space, and perform any other

24  acts necessary for the proper administration and enforcement

25  of ss. 943.51-943.57 through the Division of Florida Capitol

26  Police.  The department may prescribe a distinctive uniform to

27  be worn by personnel of the Florida Capitol Police in the

28  performance of their duties pursuant to s. 943.51(7).  The

29  department may prescribe a distinctive emblem to be worn by

30  all officers or guards of the Florida Capitol Police.

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  1         (2)  It is unlawful for any unauthorized person to wear

  2  a uniform or emblem prescribed by the department for the

  3  Florida Capitol Police, or a similar uniform or emblem, or to

  4  impersonate or pretend or represent himself or herself to be a

  5  police officer or guard of the Florida Capitol Police. Any

  6  person who violates the provisions of this subsection commits

  7  a felony pursuant to the provisions of s. 843.08, punishable

  8  as provided in s. 775.082, s. 775.083, or s. 775.084.

  9         Section 8.  Section 943.58, Florida Statutes, is

10  created to read:

11         943.58  Transportation and protective services.--

12         (1)  The department shall provide and maintain the

13  security of the Governor, the Governor's immediate family, and

14  the Governor's office and mansion and the grounds thereof.

15         (2)  The department shall employ such personnel as may

16  be necessary to carry out this responsibility, including

17  uniformed and nonuniformed agents who shall have authority to

18  bear arms and make arrests, with or without warrant, for

19  violations of any of the criminal laws of the state, under the

20  same terms and conditions as investigative personnel of the

21  department, and who shall be considered peace officers for all

22  purposes, including, but not limited to, the privileges,

23  protections, and benefits of ss. 112.19, 121.051, 122.34, and

24  870.05.

25         (3)  The executive director shall assign agents for the

26  performance of the duties prescribed in this section.  The

27  assignment of such agents shall be subject to continuing

28  approval of the Governor.  Upon request of the Governor, the

29  executive director shall reassign an agent from continued

30  performance of such duties.

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  1         (4)  Security personnel traveling with the Governor,

  2  the Governor's family, or other persons authorized by this

  3  section shall be reimbursed for travel expenses as provided in

  4  s. 112.061. When such security personnel are required to

  5  consume meals while in the presence of the Governor, the

  6  Governor's family, or other persons as authorized by this

  7  section, the security personnel may be reimbursed for

  8  reasonable actual meal costs or the subsistence allowance

  9  provided in s. 112.061, whichever is higher.

10         (5)  The department is authorized to provide security

11  or transportation to visiting governors and their families

12  upon request by the Governor.

13         (6)  The department shall provide security or

14  transportation services to other persons when requested by the

15  Governor, the Lieutenant Governor, a member of the Cabinet,

16  the Speaker of the House of Representatives, the President of

17  the Senate, or the Chief Justice of the Supreme Court, subject

18  to certification by the agency head that such services are in

19  the best interest of the state.  The agency head may delegate

20  certification authority to the executive director of the

21  department.  The agency head shall limit such services to

22  persons:

23         (a)  Who are visiting the state; for whom such services

24  are requested by the Governor, the Lieutenant Governor, a

25  member of the Cabinet, the Speaker of the House of

26  Representatives, the President of the Senate, or the Chief

27  Justice of the Supreme Court; and for whom the primary purpose

28  of the visit is for a public purpose and to promote the

29  development of the state; or

30         (b)  For whom the failure to provide security or

31  transportation could result in a clear and present danger to

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  1  the personal safety of such persons or could result in public

  2  embarrassment to the state.

  3         (7)  The department is authorized to coordinate

  4  transportation and protective services provided under

  5  subsections (1), (5), and (6) with other law enforcement

  6  agencies and may request the assistance of other law

  7  enforcement agencies to carry out the duties required by

  8  subsections (1), (5), and (6).  The other law enforcement

  9  agencies of the state are authorized to provide such

10  assistance as may be requested by the department under this

11  subsection.

12         (8)  The department shall coordinate all protective

13  services with the United States Department of State and the

14  United States Secret Service when requested to do so by such

15  agencies or by the Governor or a member of the Cabinet.

16         (9)  The department shall submit reports on July 15 and

17  January 15 of each year to the President of the Senate,

18  Speaker of the House of Representatives, Governor, and members

19  of the Cabinet, detailing all transportation and protective

20  services provided under subsections (1), (5), and (6) within

21  the preceding 6 months.  Each report shall include a detailed

22  accounting of the cost of such transportation and protective

23  services, including the names of persons provided such

24  services and the nature of state business performed.

25         Section 9.  Section 281.301, Florida Statutes, is

26  renumbered as section 943.59, Florida Statutes.

27         Section 10.  (1)  All statutory powers, duties, and

28  functions of the Division of Florida Capitol Police within the

29  Department of Management Services are transferred from the

30  Department of Management Services to the Department of Law

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  1  Enforcement by a type one transfer, as defined by s. 20.06(1),

  2  Florida Statutes, effective July 1, 2002.

  3         (2)  Each employee of the Division of Florida Capitol

  4  Police transferred by this action must meet the Department of

  5  Law Enforcement's employment criteria applied to employees of

  6  the Department of Law Enforcement in similar positions within

  7  the department. Each employee of the Division of Florida

  8  Capitol Police shall, by no later than July 1, 2002, complete

  9  and submit to the Department of Law Enforcement a supplemental

10  employment application as required by the department and

11  provide fingerprints and be subject to a drug test as required

12  for any prospective employee of the department. Any employee

13  of the Division of Florida Capitol Police transferred to the

14  Department of Law Enforcement on July 1, 2002, and all

15  subsequently employed employees of the Division of Florida

16  Capitol Police must meet the employment criteria utilized by

17  the Department of Law Enforcement. Any employee of the

18  Division of Florida Capitol Police who was transferred to the

19  Department of Law Enforcement on July 1, 2002, who is found by

20  the department not to qualify for continued employment shall

21  be immediately dismissed.

22         Section 11.  Section 20.201, Florida Statutes, is

23  amended to read:

24         20.201  Department of Law Enforcement.--

25         (1)  There is created a Department of Law Enforcement.

26  The head of the department is the Governor and Cabinet.  The

27  executive director of the department shall be appointed by the

28  Governor with the approval of three members of the Cabinet and

29  subject to confirmation by the Senate.  The executive director

30  shall serve at the pleasure of the Governor and Cabinet. The

31  executive director may establish a command, operational, and

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  1  administrative services structure to assist, manage, and

  2  support the department in operating programs and delivering

  3  services.

  4         (2)  The following programs of the Department of Law

  5  Enforcement are established:

  6         (a)  Criminal Justice Investigations and Forensic

  7  Science Program, which includes the Division of Florida

  8  Capitol Police.

  9         (b)  Criminal Justice Information Program.

10         (c)  Criminal Justice Professionalism Program.

11         Section 12.  Sections 281.02, 281.03, 281.04, 281.05,

12  281.06, 281.07, 281.08, and 281.20, Florida Statutes, are

13  repealed.

14         Section 13.  Paragraph (c) of subsection (2) of section

15  287.17, Florida Statutes, is amended to read:

16         287.17  Limitation on use of motor vehicles and

17  aircraft.--

18         (2)  The following criteria shall be considered in

19  determining appropriate uses of motor vehicles and aircraft:

20         (c)  Whether the Department of Law Enforcement has been

21  directed by the agency head to provide security or

22  transportation pursuant to s. 943.58 281.20.

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

24  288.816, Florida Statutes, is amended to read:

25         288.816  Intergovernmental relations.--

26         (2)  The secretary shall be responsible for all

27  consular relations between the state and all foreign

28  governments doing business in Florida.  The secretary shall

29  monitor United States laws and directives to ensure that all

30  federal treaties regarding foreign privileges and immunities

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  1  are properly observed.  The secretary shall promulgate rules

  2  which shall:

  3         (g)  Request the Department of Law Enforcement to

  4  provide transportation and protection services when necessary

  5  pursuant to s. 943.58 281.20.

  6         Section 15.  This act shall take effect upon becoming a

  7  law.

  8

  9            *****************************************

10                          HOUSE SUMMARY

11
      Creates the Division of Florida Capitol Police within the
12    Department of Law Enforcement. Provides powers and duties
      of the division. Provides for investigations and arrests.
13    Provides for ex officio agents from the department, the
      Department of Highway Safety and Motor Vehicles, and
14    counties and municipalities under certain circumstances.
      Provides for contracts for certain security services with
15    county, municipal, or licensed private security agencies.
      Provides for rules. Provides authority of the department
16    relating to maintenance of the division and uniforms for
      officers and guards. Prohibits use of uniforms by
17    unauthorized persons and impersonation of officers and
      guards. Provides penalties. Provides for security of the
18    Governor and certain visitors to the state. Requires the
      department to provide security and transportation at the
19    request of specified officials under certain
      circumstances. Requires reports of such services.
20    Transfers the Division of Capitol Police within the
      Department of Management Services to the Department of
21    Law Enforcement. Adds the division to the Criminal
      Justice Investigations and Forensic Science Program in
22    the department.

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