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



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1681

    Amendment No. ___ (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) Stansel offered the following:

12

13         Amendment (with title amendment) 

14         On page 27 of the bill, between lines 5 & 6,

15

16  insert:

17         Section 20.  Section 570.073, Florida Statutes, is

18  amended to read:

19         570.073  Department of Agriculture and Consumer

20  Services, law enforcement officers.--

21         (1)  The commissioner may create an Office of

22  Agricultural Law Enforcement under the supervision of a senior

23  manager exempt under s. 110.205 in the Senior Management

24  Service. The commissioner may designate law enforcement

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

26  any criminal investigation or to enforce the provisions of any

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

28  over which the department has jurisdiction or which occurs on

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

30  Officers appointed under this section have the primary

31  responsibility for enforcing laws relating to agriculture and

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1681

    Amendment No. ___ (for drafter's use only)





  1  consumer services as outlined below and violations of law that

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

  3  agriculture and consumer services. Those matters include The

  4  primary responsibilities include the enforcement of laws

  5  relating to:

  6         (a)  Domesticated animals, including livestock,

  7  poultry, aquaculture products, and other wild or domesticated

  8  animals or animal products.

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

10  citrus products, or horticultural products.

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

12  open burning.

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

14         (e)  Enforcement of a marketing order.

15         (f)  Protection of consumers.

16         (g)  Civil traffic offenses as outlined under Florida

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

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

19  the department has jurisdiction or committed on property

20  owned, managed, or occupied by the department.

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

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

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

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

25  danger.

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

27  (a)-(i).

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

29  has responsibility.

30         (2)  Each law enforcement officer shall meet the

31  qualifications of law enforcement officers under s. 943.13 and

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1681

    Amendment No. ___ (for drafter's use only)





  1  shall be certified as a law enforcement officer by the

  2  Department of Law Enforcement under the provisions of chapter

  3  943. Upon certification, each law enforcement officer is

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

  5  provided for law enforcement officers generally in chapter 901

  6  and shall have statewide jurisdiction as provided in

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

  8  as provided for state law enforcement officers in s.

  9  901.15(11). Such officers have full law enforcement powers

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

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

12  and seize contraband and the proceeds of illegal activities.

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

14  reserve or auxiliary law enforcement officers under chapter

15  943.

16         (4)(3)  All department law enforcement officers, upon

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

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

19         (5)(4)  Each law enforcement officer in the state who

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

21  law enforcement officers designated in this section to enforce

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

23         Section 21.  Subsection (1) of section 316.640, Florida

24  Statutes, is amended to read:

25         316.640  Enforcement.--The enforcement of the traffic

26  laws of this state is vested as follows:

27         (1)  STATE.--

28         (a)1.

29         a.  The Division of Florida Highway Patrol of the

30  Department of Highway Safety and Motor Vehicles, the Division

31  of Law Enforcement of the Fish and Wildlife Conservation

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1681

    Amendment No. ___ (for drafter's use only)





  1  Commission, the Division of Law Enforcement of the Department

  2  of Environmental Protection, and law enforcement officers of

  3  the Department of Transportation each have authority to

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

  5  streets and highways thereof and elsewhere throughout the

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

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

  8  as a traffic accident investigation officer any individual who

  9  successfully completes at least 200 hours of instruction in

10  traffic accident investigation and court presentation through

11  the Selective Traffic Enforcement Program as approved by the

12  Criminal Justice Standards and Training Commission and funded

13  through the National Highway Traffic Safety Administration or

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

15  necessarily meet the uniform minimum standards established by

16  the commission for law enforcement officers or auxiliary law

17  enforcement officers under chapter 943. Any such traffic

18  accident investigation officer who makes an investigation at

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

20  based upon personal investigation, when he or she has

21  reasonable and probable grounds to believe that a person who

22  was involved in the accident committed an offense under this

23  chapter, chapter 319, chapter 320, or chapter 322 in

24  connection with the accident. This paragraph does not permit

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

26  officers have arrest authority other than for the issuance of

27  a traffic citation as authorized in this paragraph.

28         b.  University police officers shall have authority to

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

30  violations occur on or about any property or facilities that

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1681

    Amendment No. ___ (for drafter's use only)





  1  the State University System, except that traffic laws may be

  2  enforced off-campus when hot pursuit originates on-campus.

  3         c.  Community college police officers shall have the

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

  5  when such violations occur on any property or facilities that

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

  7  the community college system.

  8         d.  Police officers employed by an airport authority

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

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

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

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

13  enforcement specialist any individual who successfully

14  completes a training program established and approved by the

15  Criminal Justice Standards and Training Commission for parking

16  enforcement specialists but who does not otherwise meet the

17  uniform minimum standards established by the commission for

18  law enforcement officers or auxiliary or part-time officers

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

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

21  nor shall such parking enforcement specialist have arrest

22  authority.

23         (II)  A parking enforcement specialist employed by an

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

25  and municipal laws and ordinances governing parking only when

26  such violations are on property or facilities owned or

27  operated by the airport authority employing the specialist, by

28  appropriate state, county, or municipal traffic citation.

29         e.  The Office of Agricultural Law Enforcement of the

30  Department of Agriculture and Consumer Services shall have the

31  authority to enforce traffic laws of this state only as

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1681

    Amendment No. ___ (for drafter's use only)





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

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

  3  Agricultural Law Enforcement at its agricultural inspection

  4  stations to issue any traffic tickets except those traffic

  5  tickets for vehicles illegally passing the inspection station.

  6         f.  School safety officers shall have the authority to

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

  8  violations occur on or about any property or facilities which

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

10  the district school board.

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

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

13  violation of this subparagraph is not subject to the penalties

14  provided in chapter 318.

15         3.  Any disciplinary action taken or performance

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

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

18  enforcement activity must be in accordance with written

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

20  the agency and any collective bargaining unit representing

21  such law enforcement officer. A violation of this subparagraph

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

23         (b)1.  The Department of Transportation has authority

24  to enforce on all the streets and highways of this state all

25  laws applicable within its authority.

26         2.a.  The Department of Transportation shall develop

27  training and qualifications standards for toll enforcement

28  officers whose sole authority is to enforce the payment of

29  tolls pursuant to s. 316.1001. Nothing in this subparagraph

30  shall be construed to permit the carrying of firearms or other

31  weapons, nor shall a toll enforcement officer have arrest

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1681

    Amendment No. ___ (for drafter's use only)





  1  authority.

  2         b.  For the purpose of enforcing s. 316.1001,

  3  governmental entities, as defined in s. 334.03, which own or

  4  operate a toll facility may employ independent contractors or

  5  designate employees as toll enforcement officers; however, any

  6  such toll enforcement officer must successfully meet the

  7  training and qualifications standards for toll enforcement

  8  officers established by the Department of Transportation.

  9

10

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

12  And the title is amended as follows:

13         On page 3, line 22 after "locations;"

14

15  insert:

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

17         and duties of the Office of Agricultural Law

18         Enforcement; amending s. 316.640, F.S.;

19         revising the duties of the Office of

20         Agricultural Law Enforcement;

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