House Bill hb0505

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




    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

                                  1

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






    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

31

                                  2

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






    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

                                  3

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






    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

31

                                  4

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






    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

                                  5

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






    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,

  8

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

10

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

                                  6

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






    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.

31

                                  7

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






    Florida House of Representatives - 2002                 HB 505

    785-117B-02






  1         Section 4.  This act shall take effect upon becoming a

  2  law.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Provides for the consolidation of all sworn law
  7    enforcement officers within the Florida Department of Law
      Enforcement. See bill for details.
  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  8

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