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