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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5 ORIGINAL STAMP BELOW
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11 Representative(s) Stansel offered the following:
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13 Amendment (with title amendment)
14 On page 27 of the bill, between lines 5 & 6,
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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.
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12 And the title is amended as follows:
13 On page 3, line 22 after "locations;"
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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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