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



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Gardiner offered the following:

12

13         Amendment (with title amendment) 

14         On page 14, line 28, through page 20, line 8,

15  remove:  said lines,

16

17  and insert:

18         Section 9.  Subsection (1), paragraph (b) of subsection

19  (2), and paragraphs (b) and (c) of subsection (3) of section

20  316.640, Florida Statutes, are amended to read:

21         316.640  Enforcement.--The enforcement of the traffic

22  laws of this state is vested as follows:

23         (1)  STATE.--

24         (a)1.a.  The Division of Florida Highway Patrol of the

25  Department of Highway Safety and Motor Vehicles, the Division

26  of Law Enforcement of the Fish and Wildlife Conservation

27  Commission, the Division of Law Enforcement of the Department

28  of Environmental Protection, and law enforcement officers of

29  the Department of Transportation each have authority to

30  enforce all of the traffic laws of this state on all the

31  streets and highways thereof and elsewhere throughout the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)





  1  state wherever the public has a right to travel by motor

  2  vehicle. The Division of the Florida Highway Patrol may employ

  3  as a traffic accident investigation officer any individual who

  4  successfully completes at least 200 hours of instruction in

  5  traffic accident investigation and court presentation through

  6  the Selective Traffic Enforcement Program as approved by the

  7  Criminal Justice Standards and Training Commission and funded

  8  through the National Highway Traffic Safety Administration or

  9  a similar program approved by the commission, but who does not

10  necessarily meet the uniform minimum standards established by

11  the commission for law enforcement officers or auxiliary law

12  enforcement officers under chapter 943. Any such traffic

13  accident investigation officer who makes an investigation at

14  the scene of a traffic accident may issue traffic citations,

15  based upon personal investigation, when he or she has

16  reasonable and probable grounds to believe that a person who

17  was involved in the accident committed an offense under this

18  chapter, chapter 319, chapter 320, or chapter 322 in

19  connection with the accident. This paragraph does not permit

20  the carrying of firearms or other weapons, nor do such

21  officers have arrest authority other than for the issuance of

22  a traffic citation as authorized in this paragraph.

23         b.  University police officers shall have authority to

24  enforce all of the traffic laws of this state when such

25  violations occur on or about any property or facilities that

26  are under the guidance, supervision, regulation, or control of

27  a state university, a direct-support organization of such

28  state university, or any other organization controlled by the

29  state university or a direct-support organization of the state

30  university System, except that traffic laws may be enforced

31  off-campus when hot pursuit originates on or adjacent to any

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)





  1  such property or facilities on-campus.

  2         c.  Community college police officers shall have the

  3  authority to enforce all the traffic laws of this state only

  4  when such violations occur on any property or facilities that

  5  are under the guidance, supervision, regulation, or control of

  6  the community college system.

  7         d.  Police officers employed by an airport authority

  8  shall have the authority to enforce all of the traffic laws of

  9  this state only when such violations occur on any property or

10  facilities that are owned or operated by an airport authority.

11         (I)  An airport authority may employ as a parking

12  enforcement specialist any individual who successfully

13  completes a training program established and approved by the

14  Criminal Justice Standards and Training Commission for parking

15  enforcement specialists but who does not otherwise meet the

16  uniform minimum standards established by the commission for

17  law enforcement officers or auxiliary or part-time officers

18  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

19  construed to permit the carrying of firearms or other weapons,

20  nor shall such parking enforcement specialist have arrest

21  authority.

22         (II)  A parking enforcement specialist employed by an

23  airport authority is authorized to enforce all state, county,

24  and municipal laws and ordinances governing parking only when

25  such violations are on property or facilities owned or

26  operated by the airport authority employing the specialist, by

27  appropriate state, county, or municipal traffic citation.

28         e.  The Office of Agricultural Law Enforcement of the

29  Department of Agriculture and Consumer Services shall have the

30  authority to enforce traffic laws of this state only as

31  authorized by the provisions of chapter 570. However, nothing

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)





  1  in this section shall expand the authority of the Office of

  2  Agricultural Law Enforcement at its agricultural inspection

  3  stations to issue any traffic tickets except those traffic

  4  tickets for vehicles illegally passing the inspection station.

  5         f.  School safety officers shall have the authority to

  6  enforce all of the traffic laws of this state when such

  7  violations occur on or about any property or facilities which

  8  are under the guidance, supervision, regulation, or control of

  9  the district school board.

10         2.  An agency of the state as described in subparagraph

11  1. is prohibited from establishing a traffic citation quota. A

12  violation of this subparagraph is not subject to the penalties

13  provided in chapter 318.

14         3.  Any disciplinary action taken or performance

15  evaluation conducted by an agency of the state as described in

16  subparagraph 1. of a law enforcement officer's traffic

17  enforcement activity must be in accordance with written

18  work-performance standards. Such standards must be approved by

19  the agency and any collective bargaining unit representing

20  such law enforcement officer. A violation of this subparagraph

21  is not subject to the penalties provided in chapter 318.

22         (2)  COUNTIES.--

23         (b)  The sheriff's office of each county may employ as

24  a traffic crash investigation officer any individual who

25  successfully completes at least 200 hours of instruction in

26  traffic crash investigation and court presentation through the

27  Selective Traffic Enforcement Program (STEP) as approved by

28  the Criminal Justice Standards and Training Commission and

29  funded through the National Highway Traffic Safety

30  Administration (NHTSA) or a similar program approved by the

31  commission, but who does not necessarily otherwise meet the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)





  1  uniform minimum standards established by the commission for

  2  law enforcement officers or auxiliary law enforcement officers

  3  under chapter 943. Any such traffic crash investigation

  4  officer who makes an investigation at the scene of a traffic

  5  crash may issue traffic citations when, based upon personal

  6  investigation, he or she has reasonable and probable grounds

  7  to believe that a person who was involved in the crash has

  8  committed an offense under this chapter, chapter 319, chapter

  9  320, or chapter 322 in connection with the crash. This

10  paragraph does not permit the carrying of firearms or other

11  weapons, nor do such officers have arrest authority other than

12  for the issuance of a traffic citation as authorized in this

13  paragraph.

14         (3)  MUNICIPALITIES.--

15         (b)  The police department of a chartered municipality

16  may employ as a traffic crash investigation officer any

17  individual who successfully completes at least 200 hours of

18  instruction in traffic crash investigation and court

19  presentation through the Selective Traffic Enforcement Program

20  (STEP) as approved by the Criminal Justice Standards and

21  Training Commission and funded through the National Highway

22  Traffic Safety Administration (NHTSA) or a similar program

23  approved by the commission, but who does not otherwise meet

24  the uniform minimum standards established by the commission

25  for law enforcement officers or auxiliary law enforcement

26  officers under chapter 943. Any such traffic crash

27  investigation officer who makes an investigation at the scene

28  of a traffic crash is authorized to issue traffic citations

29  when, based upon personal investigation, he or she has

30  reasonable and probable grounds to believe that a person

31  involved in the crash has committed an offense under the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)





  1  provisions of this chapter, chapter 319, chapter 320, or

  2  chapter 322 in connection with the crash. Nothing in This

  3  paragraph does not shall be construed to permit the carrying

  4  of firearms or other weapons, nor do shall such officers have

  5  arrest authority other than for the issuance of a traffic

  6  citation as authorized above.

  7         (c)1.  A chartered municipality or its authorized

  8  agency or instrumentality may employ as a parking enforcement

  9  specialist any individual who successfully completes a

10  training program established and approved by the Criminal

11  Justice Standards and Training Commission for parking

12  enforcement specialists, but who does not otherwise meet the

13  uniform minimum standards established by the commission for

14  law enforcement officers or auxiliary or part-time officers

15  under s. 943.12.

16         2.  A parking enforcement specialist employed by a

17  chartered municipality or its authorized agency or

18  instrumentality is authorized to enforce all state, county,

19  and municipal laws and ordinances governing parking within the

20  boundaries of the municipality employing the specialist, by

21  appropriate state, county, or municipal traffic citation.

22  Nothing in this paragraph shall be construed to permit the

23  carrying of firearms or other weapons, nor shall such a

24  parking enforcement specialist have arrest authority.

25         3.  A parking enforcement specialist employed pursuant

26  to this subsection may not carry firearms or other weapons or

27  have arrest authority.

28         Section 10.  Section 570.073, Florida Statutes, is

29  amended to read:

30         570.073  Department of Agriculture and Consumer

31  Services, law enforcement officers.--

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)





  1         (1)  The commissioner may create an Office of

  2  Agricultural Law Enforcement under the supervision of a senior

  3  manager exempt under s. 110.205 in the Senior Management

  4  Service. The commissioner may designate law enforcement

  5  officers, as necessary, to enforce any criminal law or conduct

  6  any criminal investigation or to enforce the provisions of any

  7  statute or any other laws of this staterelating to any matter

  8  over which the department has jurisdiction or which occurs on

  9  property owned, managed, or occupied by the department.

10  Officers appointed under this section have the primary

11  responsibility for enforcing laws relating to agriculture and

12  consumer services as outlined below and violations of law that

13  threaten the overall security and safety of this state's

14  agriculture and consumer services. Those matters include The

15  primary responsibilities include the enforcement of laws

16  relating to:

17         (a)  Domesticated animals, including livestock,

18  poultry, aquaculture products, and other wild or domesticated

19  animals or animal products.

20         (b)  Farms, farm equipment, livery tack, citrus or

21  citrus products, or horticultural products.

22         (c)  Trespass, littering, forests, forest fires, and

23  open burning.

24         (d)  Damage to or theft of forest products.

25         (e)  Enforcement of a marketing order.

26         (f)  Protection of consumers.

27         (g)  Civil traffic offenses as outlined under Florida

28  law provided for in chapters 316, 320, and 322, subject to the

29  provisions of chapter 318, relating to any matter over which

30  the department has jurisdiction or committed on property

31  owned, managed, or occupied by the department.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)





  1         (h)  The use of alcohol or drugs which occurs on

  2  property owned, managed, or occupied by the department.

  3         (i)  Any emergency situation in which the life, limb,

  4  or property of any person is placed in immediate and serious

  5  danger.

  6         (j)  Any crime incidental to or related to paragraphs

  7  (a)-(i).

  8         (k)  Any law over which the Commissioner of Agriculture

  9  has responsibility.

10         (2)  Each law enforcement officer shall meet the

11  qualifications of law enforcement officers under s. 943.13 and

12  shall be certified as a law enforcement officer by the

13  Department of Law Enforcement under the provisions of chapter

14  943. Upon certification, each law enforcement officer is

15  subject to and shall have the same arrest and other authority

16  provided for law enforcement officers generally in chapter 901

17  and shall have statewide jurisdiction as provided in

18  subsection (1).  Each officer shall also have arrest authority

19  as provided for state law enforcement officers in s.

20  901.15(11). Such officers have full law enforcement powers

21  granted to other peace officers of this state, including the

22  power to make arrests, carry firearms, serve court process,

23  and seize contraband and the proceeds of illegal activities.

24         (3)  The Commissioner may also appoint part-time,

25  reserve or auxiliary law enforcement officers under chapter

26  943.

27         (4)(3)  All department law enforcement officers, upon

28  certification under s. 943.1395, shall have the same right and

29  authority to carry arms as do the sheriffs of this state.

30         (5)(4)  Each law enforcement officer in the state who

31  is certified pursuant to chapter 943 has the same authority as

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1213

    Amendment No. 01f (for drafter's use only)





  1  law enforcement officers designated in this section to enforce

  2  the laws of this state as described in subsection (1).

  3

  4

  5  ================ T I T L E   A M E N D M E N T ===============

  6  And the title is amended as follows:

  7         On page 2, line 4, after the semicolon,

  8

  9  insert:

10         revising traffic law enforcement authority of

11         the Office of Agricultural Law Enforcement;

12         amending s. 570.073, F.S.; revising the powers

13         and duties of the Office of Agricultural Law

14         Enforcement;

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