| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Florida Department of Law |
| 7 | Enforcement; amending s. 943.61, F.S.; revising the powers |
| 8 | and duties of the Capitol Police; amending s. 943.611, |
| 9 | F.S.; revising duties of the director of the Capitol |
| 10 | Police; amending s. 943.62, F.S.; revising provisions |
| 11 | relating to investigations by the Capitol Police; amending |
| 12 | s. 943.64, F.S.; revising provisions relating to |
| 13 | designation of other law enforcement officers as ex |
| 14 | officio agents of the Capitol Police; amending s. 943.68, |
| 15 | F.S.; revising provisions relating to transportation and |
| 16 | protective services of the Capitol Police; amending s. |
| 17 | 316.640, F.S.; revising provisions relating to enforcement |
| 18 | of traffic laws; amending s. 943.681, F.S.; revising |
| 19 | provisions relating to the safety and security needs of |
| 20 | the Historic Capitol and the R.A. Gray Building; providing |
| 21 | an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Subsections (1) and (4) of section 943.61, |
| 26 | Florida Statutes, are amended to read: |
| 27 | 943.61 Powers and duties of the Capitol Police.-- |
| 28 | (1) There is created the Capitol Police within the |
| 29 | Department of Law Enforcement, to serve the safety and security |
| 30 | needs of both the legislative and executive branches of state |
| 31 | government. It is the intent of the Legislature that the Capitol |
| 32 | Police serve as a specially trained and highly effective |
| 33 | security and law enforcement agency serving the Capitol Complex |
| 34 | and the state. It shall be the primary responsibility of the |
| 35 | Capitol Police to protect the security of the Governor, the |
| 36 | Lieutenant Governor, the members of the Cabinet, and the members |
| 37 | of the Senate and of the House of Representatives, and those |
| 38 | employees assigned to assist such state officials in the |
| 39 | performance of their official duties, and to ensure their access |
| 40 | to buildings and premises within the Capitol Complex, thereby |
| 41 | providing for the continuous operation of the government of the |
| 42 | State of Florida. The provision of other law enforcement |
| 43 | services and protection of property shall be secondary |
| 44 | responsibilities. |
| 45 | (4) The Capitol Police shall have the following |
| 46 | responsibilities, powers, and duties: |
| 47 | (a) To develop, in consultation with the Governor, Cabinet |
| 48 | officers, the President of the Senate, and the Speaker of the |
| 49 | House of Representatives, written operational plans for basic |
| 50 | and enhanced security measures and actions related to the |
| 51 | Capitol Complex. Such plans and any changes or amendments |
| 52 | thereto shall not be implemented unless presented in writing in |
| 53 | final form to the Governor, the President of the Senate, and the |
| 54 | Speaker of the House of Representatives and all three grant |
| 55 | their approval in writing. The approval of any officer required |
| 56 | herein shall expire 60 days after such officer vacates his or |
| 57 | her office, and the written approval of the successor in office |
| 58 | must be obtained prior to the continuation of operations under |
| 59 | such plans. Upon the request of the Governor, a Cabinet officer, |
| 60 | the President of the Senate, or the Speaker of the House of |
| 61 | Representatives, the Capitol Police shall activate previously |
| 62 | approved enhanced security measures and actions in accordance |
| 63 | with the approved operational plans specific to the requesting |
| 64 | officer's responsibilities and to the facilities occupied by |
| 65 | such officer and employees responsible to such officer. Upon an |
| 66 | emergency threatening the immediate safety and security of |
| 67 | occupants of the Capitol Complex, so declared by the Governor, |
| 68 | plans not approved as required by this paragraph may be |
| 69 | implemented for a period not to exceed 15 days, provided such |
| 70 | plans do not substantially interfere with the ability of the |
| 71 | Senate and the House of Representatives to assemble for any |
| 72 | constitutional purpose. |
| 73 | (b) To provide and maintain the security of all property |
| 74 | located in the Capitol Complex in a manner consistent with the |
| 75 | security plans developed and approved under paragraph (a) and, |
| 76 | in consultation with the State Fire Marshal, to provide for |
| 77 | evacuations, information, and training required for firesafety |
| 78 | on such property in a manner consistent with s. 633.085. |
| 79 | (c) To develop plans for reporting incidents involving |
| 80 | buildings and property within the Capitol Complex, emergency |
| 81 | procedures and evacuation routes in the event of fire, security |
| 82 | threats, incidents prompting a need for evacuation, acts of |
| 83 | terrorism, or natural or manmade disaster and to make such |
| 84 | procedures and routes known to those persons occupying such |
| 85 | buildings. |
| 86 | (d) To employ officers who hold certification as law |
| 87 | enforcement officers in accordance with the minimum standards |
| 88 | and qualifications as set forth in s. 943.13 and the provisions |
| 89 | of chapter 110, and who have the authority to bear arms, make |
| 90 | arrests, except as may be limited in the security plans |
| 91 | established under paragraph (a), and apply for arrest warrants. |
| 92 | (e) To hire guards and administrative, clerical, |
| 93 | technical, and other personnel as may be required. |
| 94 | (f) To train all officers and other employees in fire |
| 95 | prevention, firesafety, emergency medical procedures, and |
| 96 | preventing and responding to acts of terrorism. |
| 97 | (g) To respond to all complaints relating to criminal |
| 98 | activity or security threats within the Capitol Complex, or |
| 99 | against the Governor, the Lieutenant Governor, a member of the |
| 100 | Cabinet, a member of the Senate or of the House of |
| 101 | Representatives, or an employee assisting such official. |
| 102 | (h) As provided by the security plans developed and |
| 103 | approved under paragraph (a), upon request of the presiding |
| 104 | officer of either house of the Legislature, the director may |
| 105 | assign one or more officers for the protection of a member of |
| 106 | the house served by such presiding officer. Per diem and |
| 107 | subsistence allowance for department employees traveling with a |
| 108 | member of the Legislature away from Tallahassee shall be |
| 109 | computed by payment of a sum up to the amounts permitted in s. |
| 110 | 112.061 for meals, plus actual expenses for lodging to be |
| 111 | substantiated by paid bills therefor. |
| 112 | (i) To enforce rules of the Department of Management |
| 113 | Services governing the regulation of traffic and parking within |
| 114 | the Capitol Complex and to impound illegally or wrongfully |
| 115 | parked vehicles. |
| 116 | (j) To establish policies for the organizational |
| 117 | structure, principles of command, and internal operations of the |
| 118 | Capitol Police, provided that such policies are not inconsistent |
| 119 | with the provisions of ss. 943.61-943.68 or the security plans |
| 120 | developed and approved under paragraph (a). |
| 121 | (k) To carry out the transportation and protective |
| 122 | services functions described in s. 943.68. |
| 123 | Section 2. Subsection (6) is added to section 943.611, |
| 124 | Florida Statutes, to read: |
| 125 | 943.611 Director of Capitol Police.-- |
| 126 | (6) At the discretion of the executive director of the |
| 127 | department, the director may serve as the director of the unit |
| 128 | within the department providing transportation and protective |
| 129 | services as set forth in s. 943.68. |
| 130 | Section 3. Subsection (1) of section 943.62, Florida |
| 131 | Statutes, is amended to read: |
| 132 | 943.62 Investigations by the Capitol Police.-- |
| 133 | (1) In addition to, and in conjunction with, the other |
| 134 | powers and duties specified by law, the Capitol Police shall |
| 135 | conduct traffic accident investigations and investigations |
| 136 | relating to felonies and misdemeanors occurring within the |
| 137 | Capitol Complex. Any matters may be referred to the department's |
| 138 | special agents or inspectors or another appropriate law |
| 139 | enforcement agency for further investigation. Such referrals |
| 140 | shall include transmittal of records, reports, statements, and |
| 141 | all other information relating to such matters. |
| 142 | Section 4. Section 943.64, Florida Statutes, is amended to |
| 143 | read: |
| 144 | 943.64 Ex officio agents.--Law enforcement officers of the |
| 145 | Department of Highway Safety and Motor Vehicles, special agents |
| 146 | or inspectors of the Department of Law Enforcement, and law |
| 147 | enforcement officers of other state agencies, counties, and |
| 148 | municipalities are ex officio agents of the Capitol Police, and |
| 149 | may, when authorized by the executive director of the department |
| 150 | or the executive director's designee Capitol Police, enforce |
| 151 | rules and laws applicable to the powers and duties of the |
| 152 | Capitol Police to provide and maintain the security required by |
| 153 | ss. 943.61-943.68. |
| 154 | Section 5. Subsections (3), (6), and (9) of section |
| 155 | 943.68, Florida Statutes, are amended to read: |
| 156 | 943.68 Transportation and protective services.-- |
| 157 | (3) The executive director shall assign agents for the |
| 158 | performance of the duties prescribed in this section. The |
| 159 | assignment of such agents shall be subject to continuing |
| 160 | approval of the Governor. Upon request of the Governor, the |
| 161 | executive director shall reassign an agent from continued |
| 162 | performance of such duties. The executive director may authorize |
| 163 | the Director of Capitol Police to exercise the authority |
| 164 | provided in this subsection. |
| 165 | (6) The department shall provide security or |
| 166 | transportation services to other persons when requested by the |
| 167 | Governor, the Lieutenant Governor, a member of the Cabinet, the |
| 168 | Speaker of the House of Representatives, the President of the |
| 169 | Senate, or the Chief Justice of the Supreme Court, subject to |
| 170 | certification by the requesting party agency head that such |
| 171 | services are in the best interest of the state. The requesting |
| 172 | party agency head may delegate certification authority to the |
| 173 | executive director of the department. The requesting party |
| 174 | agency head shall limit such services to persons: |
| 175 | (a) Who are visiting the state; for whom such services are |
| 176 | requested by the Governor, the Lieutenant Governor, a member of |
| 177 | the Cabinet, the Speaker of the House of Representatives, the |
| 178 | President of the Senate, or the Chief Justice of the Supreme |
| 179 | Court; and for whom the primary purpose of the visit is for a |
| 180 | significant public purpose and to promote the development of the |
| 181 | state; or |
| 182 | (b) For whom the failure to provide security or |
| 183 | transportation could result in a clear and present danger to the |
| 184 | personal safety of such persons or to the safety of other |
| 185 | persons or property within this state or could result in public |
| 186 | embarrassment to the state. |
| 187 | (9) The department shall submit a report each reports on |
| 188 | July 15 and January 15 of each year to the President of the |
| 189 | Senate, Speaker of the House of Representatives, Governor, and |
| 190 | members of the Cabinet, detailing all transportation and |
| 191 | protective services provided under subsections (1), (5), and (6) |
| 192 | within the preceding fiscal year 6 months. Each report shall |
| 193 | include a detailed accounting of the cost of such transportation |
| 194 | and protective services, including the names of persons provided |
| 195 | such services and the nature of state business performed. |
| 196 | Section 6. Paragraph (a) of subsection (1) of section |
| 197 | 316.640, Florida Statutes, is amended to read: |
| 198 | 316.640 Enforcement.--The enforcement of the traffic laws |
| 199 | of this state is vested as follows: |
| 200 | (1) STATE.-- |
| 201 | (a)1.a. The Division of Florida Highway Patrol of the |
| 202 | Department of Highway Safety and Motor Vehicles;, the Division |
| 203 | of Law Enforcement of the Fish and Wildlife Conservation |
| 204 | Commission;, the Division of Law Enforcement of the Department |
| 205 | of Environmental Protection;, and law enforcement officers of |
| 206 | the Department of Transportation; and the agents, inspectors, |
| 207 | and officers of the Department of Law Enforcement each have |
| 208 | authority to enforce all of the traffic laws of this state on |
| 209 | all the streets and highways thereof and elsewhere throughout |
| 210 | the state wherever the public has a right to travel by motor |
| 211 | vehicle. |
| 212 | b. University police officers shall have authority to |
| 213 | enforce all of the traffic laws of this state when such |
| 214 | violations occur on or about any property or facilities that are |
| 215 | under the guidance, supervision, regulation, or control of a |
| 216 | state university, a direct-support organization of such state |
| 217 | university, or any other organization controlled by the state |
| 218 | university or a direct-support organization of the state |
| 219 | university, except that traffic laws may be enforced off-campus |
| 220 | when hot pursuit originates on or adjacent to any such property |
| 221 | or facilities. |
| 222 | c. Community college police officers shall have the |
| 223 | authority to enforce all the traffic laws of this state only |
| 224 | when such violations occur on any property or facilities that |
| 225 | are under the guidance, supervision, regulation, or control of |
| 226 | the community college system. |
| 227 | d. Police officers employed by an airport authority shall |
| 228 | have the authority to enforce all of the traffic laws of this |
| 229 | state only when such violations occur on any property or |
| 230 | facilities that are owned or operated by an airport authority. |
| 231 | (I) An airport authority may employ as a parking |
| 232 | enforcement specialist any individual who successfully completes |
| 233 | a training program established and approved by the Criminal |
| 234 | Justice Standards and Training Commission for parking |
| 235 | enforcement specialists but who does not otherwise meet the |
| 236 | uniform minimum standards established by the commission for law |
| 237 | enforcement officers or auxiliary or part-time officers under s. |
| 238 | 943.12. Nothing in this sub-sub-subparagraph shall be construed |
| 239 | to permit the carrying of firearms or other weapons, nor shall |
| 240 | such parking enforcement specialist have arrest authority. |
| 241 | (II) A parking enforcement specialist employed by an |
| 242 | airport authority is authorized to enforce all state, county, |
| 243 | and municipal laws and ordinances governing parking only when |
| 244 | such violations are on property or facilities owned or operated |
| 245 | by the airport authority employing the specialist, by |
| 246 | appropriate state, county, or municipal traffic citation. |
| 247 | e. The Office of Agricultural Law Enforcement of the |
| 248 | Department of Agriculture and Consumer Services shall have the |
| 249 | authority to enforce traffic laws of this state. |
| 250 | f. School safety officers shall have the authority to |
| 251 | enforce all of the traffic laws of this state when such |
| 252 | violations occur on or about any property or facilities which |
| 253 | are under the guidance, supervision, regulation, or control of |
| 254 | the district school board. |
| 255 | 2. An agency of the state as described in subparagraph 1. |
| 256 | is prohibited from establishing a traffic citation quota. A |
| 257 | violation of this subparagraph is not subject to the penalties |
| 258 | provided in chapter 318. |
| 259 | 3. Any disciplinary action taken or performance evaluation |
| 260 | conducted by an agency of the state as described in subparagraph |
| 261 | 1. of a law enforcement officer's traffic enforcement activity |
| 262 | must be in accordance with written work-performance standards. |
| 263 | Such standards must be approved by the agency and any collective |
| 264 | bargaining unit representing such law enforcement officer. A |
| 265 | violation of this subparagraph is not subject to the penalties |
| 266 | provided in chapter 318. |
| 267 | 4. The Division of the Florida Highway Patrol may employ |
| 268 | as a traffic accident investigation officer any individual who |
| 269 | successfully completes instruction in traffic accident |
| 270 | investigation and court presentation through the Selective |
| 271 | Traffic Enforcement Program as approved by the Criminal Justice |
| 272 | Standards and Training Commission and funded through the |
| 273 | National Highway Traffic Safety Administration or a similar |
| 274 | program approved by the commission, but who does not necessarily |
| 275 | meet the uniform minimum standards established by the commission |
| 276 | for law enforcement officers or auxiliary law enforcement |
| 277 | officers under chapter 943. Any such traffic accident |
| 278 | investigation officer who makes an investigation at the scene of |
| 279 | a traffic accident may issue traffic citations, based upon |
| 280 | personal investigation, when he or she has reasonable and |
| 281 | probable grounds to believe that a person who was involved in |
| 282 | the accident committed an offense under this chapter, chapter |
| 283 | 319, chapter 320, or chapter 322 in connection with the |
| 284 | accident. This subparagraph does not permit the officer to carry |
| 285 | firearms or other weapons, and such an officer does not have |
| 286 | authority to make arrests. |
| 287 | Section 7. Section 943.681, Florida Statutes, is amended |
| 288 | to read: |
| 289 | 943.681 Capitol Police program; funding.--Funds shall be |
| 290 | transferred quarterly, beginning July 1, 2002, by the Department |
| 291 | of Management Services, from the Supervision Trust Fund, to the |
| 292 | Florida Department of Law Enforcement for the purpose of funding |
| 293 | the Capitol Police program. Funds are provided from the office |
| 294 | space rental receipts assessed to tenant agencies in the Florida |
| 295 | Facilities Pool, based on the rental assessment mandated in s. |
| 296 | 255.51. Transfers shall be based on the existing rental rate on |
| 297 | July 1, 2002, unless otherwise appropriated by the Legislature. |
| 298 | Additionally, nothing herein shall limit the Capitol Police from |
| 299 | providing for the safety and security needs of the |
| 300 | archaeological, archival, and historic treasures and artifacts |
| 301 | housed in the Historic Capitol or the R.A. Gray building, as the |
| 302 | official capitol repositories, from funds provided by the |
| 303 | Department of State. |
| 304 | Section 8. This act shall take effect July 1, 2005. |