House Bill hb0505
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Florida House of Representatives - 2002 HB 505
By Representative Needelman
1 A bill to be entitled
2 An act relating to law enforcement; providing
3 for the consolidation of all sworn law
4 enforcement positions in the state under the
5 Florida Department of Law Enforcement;
6 providing for the enforcement of laws affected
7 by the act; providing for a reviser's bill to
8 reflect changes adopted in the act; providing
9 an effective date.
10
11 WHEREAS, the terrorist attacks on the World Trade
12 Center in New York City and the Pentagon in Washington, D.C.,
13 on September 11, 2001, have unfortunately accelerated personal
14 safety concerns of our citizens to ensure domestic
15 tranquility, maintain public order, and secure the blessing of
16 Liberty to ourselves and our posterity, not only within the
17 boundaries of our nation, but especially within the
18 territorial boundaries of the State of Florida, and
19 WHEREAS, on October 11, 2001, the Governor of the Great
20 State of Florida, Governor Jeb Bush, executed Executive Order
21 #01-300, by virtue of the authority vested in Article IV,
22 Section l(a) of the State Constitution and other applicable
23 laws, delegated the Florida Department of Law Enforcement
24 (FDLE) the operational authority to coordinate and direct law
25 enforcement and other resources of all state agencies to take
26 precautions needed to protect the State of Florida from
27 terrorist acts, and
28 WHEREAS, under further direction of Governor Bush, FDLE
29 was asked to do an assessment of Florida's antiterrorism
30 capabilities in regard to emergency services, human services,
31 infrastructure, and public information and awareness, and
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Florida House of Representatives - 2002 HB 505
785-117B-02
1 WHEREAS, this assessment has identified areas in which
2 this state's preparedness can be enhanced, and has offered
3 numerous short-term and long-term recommendations for
4 consideration touching on various segments of Florida,
5 including government, the private sector, and volunteer
6 organizations, and
7 WHEREAS, this assessment demonstrates the need for
8 further immediate and sustained action to safeguard Florida's
9 well-being by recommending measures for improving the existing
10 emergency response framework, and to strengthen Florida's
11 antiterrorism strategy regarding law enforcement needs in
12 equipment, training programs, and execution protocols, and
13 WHEREAS, FDLE established Project Guiding Principles in
14 making recommendations, including to validate and build on the
15 existing state comprehensive Emergency Management Plan, to
16 strengthen Florida's antiterrorism preparedness and
17 prevention, to maximize involvement of federal, state, and
18 local government, as well as appropriate private sector
19 entities, and to implement recommendations for improvement
20 using existing regional FDLE/DEM models, and
21 WHEREAS, FDLE identified and cited nine elements: the
22 implementation of regional antiterrorism task forces, to
23 ensure all responding personnel receive appropriate training,
24 to obtain appropriate equipment for all response efforts, to
25 enhance retrieving, storing, and sharing of vital intelligence
26 and investigative information, to coordinate communication, to
27 enhance early warning response and recovery capabilities
28 through proven and emerging technology for public safety
29 agencies, to enhance and expand prevention, regulation, and
30 statutory remedies to combat terrorism and to address federal
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Florida House of Representatives - 2002 HB 505
785-117B-02
1 issues that would improve state and national antiterrorism
2 efforts for action within the scope of law enforcement, and
3 WHEREAS, these terrorist attacks on September 11, 2001,
4 have also unfortunately accelerated and deepened a downturn in
5 the national economy which has affected not only other
6 national economies around the world but also local economies
7 across this nation, especially the economies of states like
8 Florida which are dependent upon tourism for a significant
9 portion of their revenues, and
10 WHEREAS, this economic downturn has forced some
11 businesses in the state and around the nation to downsize or
12 restructure to remain viable and this reduction or
13 restructuring has led to reevaluating organizations and
14 organizational settings, and
15 WHEREAS, this economic downturn has led to concomitant
16 reductions and restructuring in the public sector as well, and
17 WHEREAS, accordingly, it is the intent of the State of
18 Florida to join our fellow citizens in this state to economize
19 while developing strategies that will ensure our citizens the
20 safety and protection, without violating the guaranteed equal
21 rights to all as ordained and established in our State
22 Constitution, and
23 WHEREAS, the Department of Agriculture provides an
24 invaluable service for the citizens of Florida by protecting
25 food supplies and associated industries with only 200 sworn
26 law enforcement officers available to accomplish this
27 responsibility, and
28 WHEREAS, the Department of Environmental Protection
29 provides an invaluable service for the citizens of Florida by
30 ensuring the use, disbursement, and destruction of dangerous
31 and deadly hazardous materials with only 131 sworn law
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Florida House of Representatives - 2002 HB 505
785-117B-02
1 enforcement officers available to accomplish this
2 responsibility, and
3 WHEREAS, the Department of Business Regulation, Alcohol
4 Beverage, provides an invaluable service for the citizens of
5 Florida by ensuring compliance by alcohol and tobacco
6 manufacturers, distributors, and retailers with applicable
7 laws and rules and to collect taxes and fees related to these
8 industries with only 173 sworn law enforcement officers
9 available to accomplish this responsibility, and
10 WHEREAS, the Department of Highway Safety and Motor
11 Vehicles provides an invaluable service for the citizens of
12 Florida by protecting our highways and our means of safe
13 transportation with only 1,681 sworn law enforcement officers
14 available to accomplish this responsibility, and
15 WHEREAS, the Florida Department of Insurance, Division
16 of Insurance Fraud, provides an invaluable service for the
17 citizens of Florida by serving and safeguarding the public and
18 businesses operating in the State of Florida against acts of
19 insurance fraud with only 109 sworn law enforcement officers
20 available to accomplish this responsibility, and
21 WHEREAS, the Florida Department of Management Services,
22 Florida Capitol Police, provides an invaluable service for the
23 citizens of Florida by ensuring their protection, safety, and
24 welfare while visiting and conducting business at our State
25 Capitol with only 45 sworn law enforcement officers available
26 to accomplish this responsibility, and
27 WHEREAS, the Florida Department of Transportation,
28 Motor Carrier Compliance, provides an invaluable service for
29 the citizens of Florida by keeping our commerce moving safely
30 and efficiently throughout our transportation corridors with
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Florida House of Representatives - 2002 HB 505
785-117B-02
1 only 200 sworn law enforcement officers available to
2 accomplish this responsibility, and
3 WHEREAS, the Florida Division of State Fire Marshal,
4 Fire Investigation, provides an invaluable service for the
5 citizens of Florida by investigating and arresting individuals
6 who use fire, explosive, and other incinerative devices that
7 may cause harm and death with only 106 sworn law enforcement
8 officers available to accomplish this responsibility, and
9 WHEREAS, the Florida Fish and Wildlife Conservation
10 Commission have among its organization sworn law enforcement
11 officers which provide an invaluable service for the citizens
12 of Florida by protecting our waterways, seaports, and
13 coastline as a first line of defense with only 330 sworn law
14 enforcement officers available to accomplish this
15 responsibility, and
16 WHEREAS, the Florida Agricultural and Mechanical
17 University Police Department, the Florida Gulf Coast
18 University Campus Police and Safety, the Florida International
19 University Public Safety Department, the Florida State
20 University - University Police Department, the Pensacola
21 Junior College Police Department, the Santa Fe Community
22 College Police Department, the University of Florida
23 University Police Department, the University of North Florida
24 University Police Department, the University of South Florida
25 Campus Police Department, and the University of West Florida
26 Police Department provide an invaluable service for Florida by
27 keeping from harm's way one of our most precious investments,
28 over 5,000 students, with only 433 sworn law enforcement
29 officers available to accomplish this responsibility, and
30 WHEREAS, in the best interest of the State of Florida,
31 the combining of these 3,408 sworn law enforcement officers
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Florida House of Representatives - 2002 HB 505
785-117B-02
1 with the 389 sworn law enforcement officers within the Florida
2 Department of Law Enforcement will ensure and facilitate to
3 the citizens and visitors of the State of Florida, Florida's
4 commitment and determination to move forward with our
5 day-to-day lives with the assurance that ALL safeguards have
6 been taken for the safety and well-being of ALL our people,
7 NOW, THEREFORE,
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Transfer of all sworn law enforcement
12 officers to Florida Department of Law Enforcement.--
13 (1) All sworn law enforcement officer positions within
14 the Department of Agriculture and Consumer Services; the
15 Department of Environmental Protection; the Department of
16 Business Regulation, Florida Alcohol Beverage and Tobacco; the
17 Department of Highway Safety and Motor Vehicles; the
18 Department of Insurance, Division of Insurance Fraud; the
19 Department of Management Services, Florida Capitol Police; the
20 Department of Transportation, Highway Safety and Motor Vehicle
21 Carrier Compliance; the Florida Division of State Fire Marshal
22 Fire Investigation; the Florida Fish and Wildlife Conservation
23 Commission; the Florida Agricultural and Mechanical University
24 Police; the Florida Atlantic University Police Department; the
25 Florida Gulf Coast University Campus Police and Safety; the
26 Florida International University Public Safety Department; the
27 Florida State University - University Police Department; the
28 Pensacola Junior College Police Department; the Santa Fe
29 Community College Police Department; the University of Central
30 Florida University Police Department; the University of
31 Florida University Police Department; the University of North
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Florida House of Representatives - 2002 HB 505
785-117B-02
1 Florida University Police Department; the University of South
2 Florida Campus Police Department; the University of West
3 Florida Police Department; the Division of Blind Services; the
4 Parks Police; and all medical officer positions within the
5 Agency for Health Care Administration that are sworn law
6 enforcement officer positions are hereby transferred by a type
7 two transfer as described in s. 20.06, Florida Statutes, to
8 the Florida Department of Law Enforcement which shall be
9 completed by July 1, 2003.
10 (2) No more than 10 percent of management level
11 positions shall be transferred from the transferring agency to
12 the Florida Department of Law Enforcement. Any management
13 position in excess of the 10 percent cap shall be eliminated
14 in the transfer to the Florida Department of Law Enforcement.
15 Section 2. Enforcement of laws.--Notwithstanding any
16 other provision of law to the contrary, any law, rule,
17 regulation, or ordinance, which was subject to enforcement on
18 June 30, 2003, by a law enforcement officer transferred to the
19 Florida Department of Law Enforcement by this act shall be
20 enforced by a law enforcement officer within the Department of
21 Law Enforcement.
22 Section 3. Reviser's bill to reflect transferred
23 positions.--The Statutory Revision and Indexing Division shall
24 prepare a reviser's bill for introduction in the 2004 Regular
25 Session of the Florida Legislature reflecting the transfer of
26 positions as described in section 1 of this act to refer to
27 the Florida Department of Law Enforcement whenever necessary
28 within the Florida Statutes. The division shall consult with
29 committees in the House of Representatives and the Senate in
30 preparing such a reviser's bill.
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Florida House of Representatives - 2002 HB 505
785-117B-02
1 Section 4. This act shall take effect upon becoming a
2 law.
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5 HOUSE SUMMARY
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Provides for the consolidation of all sworn law
7 enforcement officers within the Florida Department of Law
Enforcement. See bill for details.
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