HB 1421

1	A bill to be entitled
2	An act relating to the Department of Public Safety;
3	creating s. 20.60, F.S.; creating the Department of Public
4	Safety; transferring the Florida Highway Patrol from the
5	Department of Highway Safety and Motor Vehicles to the
6	Department of Public Safety; transferring the Boating and
7	Waterways Section of the Division of Law Enforcement of
8	the Fish and Wildlife Conservation Commission to the
9	Department of Public Safety; transferring certain law
10	enforcement officers within the Fish and Wildlife
11	Conservation Commission to the Department of Public
12	Safety; providing a limit on the number of such sworn law
13	enforcement positions transferred; amending ss. 20.24,
14	20.331, 23.1231, 120.80, 282.1095, 316.003, 316.065,
15	316.066, 316.068, 316.1905, 316.1906, 316.611, 316.614,
16	and 316.640, F.S.; conforming provisions to the creation
17	of the Department of Public Safety and the transfers of
18	powers, duties, and personnel to the department; creating
19	s. 321.011, F.S.; providing definitions; amending ss.
20	321.02, 321.03, 321.04, 321.05, 321.051, 321.065, 321.23,
21	and 321.25, F.S.; conforming provisions to the creation of
22	the Department of Public Safety and the transfers of
23	powers, duties, and personnel to the department; providing
24	a directive to the Division of Statutory Revision;
25	creating ss. 327.901, 327.902, 327.903, 327.904, 327.905,
26	and 327.9065, F.S.; providing definitions; providing for
27	duties, powers, and organization of the Florida Marine
28	Patrol; providing for uniforms, emblems, and distinctive
29	colors for the patrol; prohibiting imitations; providing
30	penalties; providing for rulemaking; providing for boating
31	accident investigators; amending ss. 337.406, 338.239,
32	339.281, 370.0603, 401.245, 403.413, 790.25, 843.08, and
33	870.04, F.S.; conforming provisions to the creation of the
34	Department of Public Safety and the transfers of powers,
35	duties, and personnel to the department; providing an
36	effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 20.60, Florida Statutes, is created to
41	read:
42	20.60  Department of Public Safety.--
43	(1)  There is created a Department of Public Safety.
44	(2)  The head of the Department of Public Safety is the
45	Governor and Cabinet.
46	(3)  The following divisions of the Department of Public
47	Safety are established:
48	(a)  Division of the Florida Highway Patrol.
49	(b)  Division of the Florida Marine Patrol. The division
50	shall have all powers, duties, responsibilities, and functions
51	as are necessary to manage and promote the use of state
52	waterways for safe and enjoyable boating. Duties and
53	responsibilities of the division include enforcement of all laws
54	relating to boating, oversight, and coordination of waterway
55	markers on state waters; providing boating education and boating
56	safety programs; improving boating access; coordinating the
57	removal of derelict vessels from state waters; implementing
58	economic development initiatives to promote boating in the
59	state; and coordinating the submission of state comments on
60	marine events.
61	(4)  The department's officers also shall, when necessary,
62	assist in the enforcement of all general laws, provide search-
63	and-rescue and disaster response services, and coordinate with
64	local, state, and federal entities on law enforcement issues.
65	Section 2.  All statutory powers, duties, and functions of
66	the Florida Highway Patrol within the Department of Highway
67	Safety and Motor Vehicles are transferred from the Department of
68	Highway Safety and Motor Vehicles to the Division of the Florida
69	Highway Patrol within the Department of Public Safety by a type
70	one transfer, as defined in s. 20.06, Florida Statutes.
71	Section 3.  All statutory powers, duties, and functions of
72	the Boating and Waterways Section within the Fish and Wildlife
73	Conservation Commission are transferred from the Fish and
74	Wildlife Conservation Commission to the Division of the Florida
75	Marine Patrol within the Department of Public Safety by a type
76	one transfer, as defined in s. 20.06, Florida Statutes. This
77	transfer shall include the transfer of all law enforcement
78	officers within the Fish and Wildlife Conservation Commission
79	whose primary duties are to enforce laws relating to boating.
80	The number of sworn law enforcement FTE positions transferred
81	under this section shall be one-half the number of such
82	positions in the Fish and Wildlife Conservation Commission.
83	Section 4.  Subsection (2) of section 20.24, Florida
84	Statutes, is amended to read:
85	20.24  Department of Highway Safety and Motor
86	Vehicles.--There is created a Department of Highway Safety and
87	Motor Vehicles.
88	(2)  The following divisions, and bureaus within the
89	divisions, of the Department of Highway Safety and Motor
90	Vehicles are established:
91	(a)  Division of the Florida Highway Patrol.
92	(a)(b)  Division of Driver Licenses.
93	(b)(c)  Division of Motor Vehicles.
94	1.  Bureau of Motor Vehicle Inspection.
95	Section 5.  Paragraph (a) of subsection (4) and paragraph
96	(e) of subsection (7) of section 20.331, Florida Statutes, are
97	amended to read:
98	20.331  Fish and Wildlife Conservation Commission.--
99	(4)  PROGRAM AND RESEARCH SERVICES.--Within the Fish and
100	Wildlife Conservation Commission, the principal unit for program
101	services is a "division" headed by a "director." The principal
102	subunit of the division is a "section" headed by a "leader." The
103	principal subunit of the section is a "subsection" headed by an
104	"administrator."
105	(a)  The following divisions and section are created within
106	the commission:
107	1.  Division of Freshwater Fisheries Management.
108	2.  Division of Habitat and Species Conservation.
109	3.  Division of Hunting and Game Management.
110	4.  Division of Law Enforcement. There is created within
111	the division the Boating and Waterways Section with duties and
112	responsibilities as provided in paragraph (7)(e).
113	5.  Division of Marine Fisheries Management.
114	(7)  ASSIGNMENT OF DUTIES AND RESPONSIBILITIES.--The
115	commission, and the Legislature as provided in s. 9, Art. IV of
116	the State Constitution, shall assign to the:
117	(e)  Division of Law Enforcement such powers, duties,
118	responsibilities, and functions as are necessary to ensure
119	enforcement of laws and rules governing the management,
120	protection, conservation, improvement, and expansion of wild
121	animal life, freshwater aquatic life, and marine life resources.
122	In performance of their duties as sworn law enforcement officers
123	for the State of Florida, the division's officers also shall,
124	enforce all laws relating to boating, provide public safety
125	services for citizens on lands and waters of the state
126	particularly in remote areas, provide search-and-rescue and
127	disaster response services when necessary, assist in the
128	enforcement of all general laws, provide search-and-rescue and
129	disaster response services, and coordinate with local, state,
130	and federal entities on law enforcement issues.
131	1.  The Boating and Waterways Section such powers, duties,
132	responsibilities, and functions as are necessary to manage and
133	promote the use of state waterways for safe and enjoyable
134	boating. Duties and responsibilities of the section include
135	oversight and coordination of waterway markers on state waters,
136	providing boating education and boating safety programs,
137	improving boating access, coordinating the removal of derelict
138	vessels from state waters, implementing economic development
139	initiatives to promote boating in the state, and coordinating
140	the submission of state comments on marine events.
141	Section 6.  Paragraph (e) of subsection (2) of section
142	23.1231, Florida Statutes, is amended to read:
143	23.1231  Florida Mutual Aid Plan; powers and duties.--
144	(2)  The executive director of the Department of Law
145	Enforcement acting under the Governor as the state's chief law
146	enforcement officer is the director of the Florida Mutual Aid
147	Plan. The director of the Florida Mutual Aid Plan shall:
148	(e)  Act as the liaison with the Division of the Florida
149	Highway Patrol of the Department of Public Highway Safety and
150	Motor Vehicles in order to coordinate and integrate plans for
151	traffic control and the participation of the department in the
152	law enforcement operation;
153	Section 7.  Subsection (8) of section 120.80, Florida
154	Statutes, is amended, and paragraph (b) of that subsection is
155	renumbered as subsection (18) of that section, to read:
156	120.80  Exceptions and special requirements; agencies.--
157	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
158	(a)  Drivers' licenses.--
159	(a)1.  Notwithstanding s. 120.57(1)(a), hearings regarding
160	drivers' licensing pursuant to chapter 322 need not be conducted
161	by an administrative law judge assigned by the division.
162	(b)2.  Notwithstanding s. 120.60(5), cancellation,
163	suspension, or revocation of a driver's license shall be by
164	personal delivery to the licensee or by first-class mail as
165	provided in s. 322.251.
166	(18)(b)  DEPARTMENT OF PUBLIC SAFETY Wrecker
167	operators.--Notwithstanding s. 120.57(1)(a), hearings held by
168	the Division of the Florida Highway Patrol of the Department of
169	Public Highway Safety and Motor Vehicles to deny, suspend, or
170	remove a wrecker operator from participating in the wrecker
171	rotation system established by s. 321.051 need not be conducted
172	by an administrative law judge assigned by the division. These
173	hearings shall be held by a hearing officer appointed by the
174	director of the Division of the Florida Highway Patrol.
175	Section 8.  Paragraph (a) of subsection (2) of section
176	282.1095, Florida Statutes, is amended to read:
177	282.1095  State agency law enforcement radio system and
178	interoperability network.--
179	(2)(a)  The Joint Task Force on State Agency Law
180	Enforcement Communications shall consist of nine eight members,
181	as follows:
182	1.  A representative of the Division of Alcoholic Beverages
183	and Tobacco of the Department of Business and Professional
184	Regulation who shall be appointed by the secretary of the
185	department.
186	2.  A representative of the Division of the Florida Highway
187	Patrol and a representative of the Division of the Florida
188	Marine Patrol of the Department of Public Highway Safety and
189	Motor Vehicles who each shall be appointed by the executive
190	director of the department.
191	3.  A representative of the Department of Law Enforcement
192	who shall be appointed by the executive director of the
193	department.
194	4.  A representative of the Fish and Wildlife Conservation
195	Commission who shall be appointed by the executive director of
196	the commission.
197	5.  A representative of the Division of Law Enforcement of
198	the Department of Environmental Protection who shall be
199	appointed by the secretary of the department.
200	6.  A representative of the Department of Corrections who
201	shall be appointed by the secretary of the department.
202	7.  A representative of the Division of State Fire Marshal
203	of the Department of Financial Services who shall be appointed
204	by the State Fire Marshal.
205	8.  A representative of the Department of Transportation
206	who shall be appointed by the secretary of the department.
207	Section 9.  Subsection (9) of section 316.003, Florida
208	Statutes, is amended to read:
209	316.003  Definitions.--The following words and phrases,
210	when used in this chapter, shall have the meanings respectively
211	ascribed to them in this section, except where the context
212	otherwise requires:
213	(9)  DIRECTOR.--The Director of the Division of the Florida
214	Highway Patrol of the Department of Public Highway Safety and
215	Motor Vehicles.
216	Section 10.  Subsection (2) of section 316.065, Florida
217	Statutes, is amended to read:
218	316.065  Crashes; reports; penalties.--
219	(2)  Every coroner or other official performing like
220	functions, upon learning of the death of a person in his or her
221	jurisdiction as the result of a traffic crash, shall immediately
222	notify the nearest office or station of the Department of Public
223	Safety.
224	Section 11.  Subsections (1) and (2) and paragraph (a) of
225	subsection (3) of section 316.066, Florida Statutes, are amended
226	to read:
227	316.066  Written reports of crashes.--
228	(1)  The driver of a vehicle which is in any manner
229	involved in a crash resulting in bodily injury to or death of
230	any person or damage to any vehicle or other property in an
231	apparent amount of at least $500 shall, within 10 days after the
232	crash, forward a written report of such crash to the Department
233	of Public Safety or traffic records center. However, when the
234	investigating officer has made a written report of the crash
235	pursuant to paragraph (3)(a), no written report need be
236	forwarded to the Department of Public Safety or traffic records
237	center by the driver.
238	(2)  The receiving entity may require any driver of a
239	vehicle involved in a crash of which a written report must be
240	made as provided in this section to file supplemental written
241	reports whenever the original report is insufficient in the
242	opinion of the Department of Public Safety and may require
243	witnesses of crashes to render reports to the Department of
244	Public Safety.
245	(3)(a)  Every law enforcement officer who in the regular
246	course of duty investigates a motor vehicle crash:
247	1.  Which crash resulted in death or personal injury shall,
248	within 10 days after completing the investigation, forward a
249	written report of the crash to the Department of Public Safety
250	or traffic records center.
251	2.  Which crash involved a violation of s. 316.061(1) or s.
252	316.193 shall, within 10 days after completing the
253	investigation, forward a written report of the crash to the
254	Department of Public Safety or traffic records center.
255	3.  In which crash a vehicle was rendered inoperative to a
256	degree which required a wrecker to remove it from traffic may,
257	within 10 days after completing the investigation, forward a
258	written report of the crash to the Department of Public Safety
259	or traffic records center if such action is appropriate, in the
260	officer's discretion.
261
262	However, in every case in which a crash report is required by
263	this section and a written report to a law enforcement officer
264	is not prepared, the law enforcement officer shall provide each
265	party involved in the crash a short-form report, prescribed by
266	the state, to be completed by the party. The short-form report
267	must include, but is not limited to: the date, time, and
268	location of the crash; a description of the vehicles involved;
269	the names and addresses of the parties involved; the names and
270	addresses of witnesses; the name, badge number, and law
271	enforcement agency of the officer investigating the crash; and
272	the names of the insurance companies for the respective parties
273	involved in the crash. Each party to the crash shall provide the
274	law enforcement officer with proof of insurance to be included
275	in the crash report. If a law enforcement officer submits a
276	report on the accident, proof of insurance must be provided to
277	the officer by each party involved in the crash. Any party who
278	fails to provide the required information commits is guilty of
279	an infraction for a nonmoving violation, punishable as provided
280	in chapter 318 unless the officer determines that due to
281	injuries or other special circumstances such insurance
282	information cannot be provided immediately. If the person
283	provides the law enforcement agency, within 24 hours after the
284	crash, proof of insurance that was valid at the time of the
285	crash, the law enforcement agency may void the citation.
286	Section 12.  Section 316.068, Florida Statutes, is amended
287	to read:
288	316.068  Crash report forms.--
289	(1)  The Department of Public Safety shall prepare and,
290	upon request, supply to police departments, sheriffs, and other
291	appropriate agencies or individuals forms for crash reports as
292	required in this chapter, suitable with respect to the persons
293	required to make such reports and the purposes to be served. The
294	form must call for sufficiently detailed information to
295	disclose, with reference to a vehicle crash, the cause and
296	conditions then existing and the persons and vehicles involved.
297	Every crash report form must call for the policy numbers of
298	liability insurance and the names of carriers covering any
299	vehicle involved in a crash required to be reported by this
300	chapter.
301	(2)  Every crash report required to be made in writing must
302	be made on the appropriate form approved by the Department of
303	Public Safety and must contain all the information required
304	therein unless not available. Notwithstanding any other
305	provisions of this section, a crash report produced
306	electronically by a law enforcement officer must, at a minimum,
307	contain the same information as is called for on those forms
308	approved by the Department of Public Safety.
309	Section 13.  Subsection (1) and paragraph (a) of subsection
310	(3) of section 316.1905, Florida Statutes, are amended to read:
311	316.1905  Electrical, mechanical, or other speed
312	calculating devices; power of arrest; evidence.--
313	(1)  Whenever any peace officer engaged in the enforcement
314	of the motor vehicle laws of this state uses an electronic,
315	electrical, mechanical, or other device used to determine the
316	speed of a motor vehicle on any highway, road, street, or other
317	public way, such device shall be of a type approved by the
318	Department of Public Safety and shall have been tested to
319	determine that it is operating accurately. Tests for this
320	purpose shall be made not less than once each 6 months,
321	according to procedures and at regular intervals of time
322	prescribed by the Department of Public Safety.
323	(3)(a)  A witness otherwise qualified to testify shall be
324	competent to give testimony against an accused violator of the
325	motor vehicle laws of this state when such testimony is derived
326	from the use of such an electronic, electrical, mechanical, or
327	other device used in the calculation of speed, upon showing that
328	the speed calculating device which was used had been tested.
329	However, the operator of any visual average speed computer
330	device shall first be certified as a competent operator of such
331	device by the Department of Public Safety.
332	Section 14.  Paragraph (f) of subsection (2) of section
333	316.1906, Florida Statutes, is amended to read:
334	316.1906  Radar speed-measuring devices; evidence,
335	admissibility.--
336	(2)  Evidence of the speed of a vehicle measured by any
337	radar speed-measuring device shall be inadmissible in any
338	proceeding with respect to an alleged violation of provisions of
339	law regulating the lawful speed of vehicles, unless such
340	evidence of speed is obtained by an officer who:
341	(f)  Is using a radar unit that which meets the minimum
342	design criteria for such units established by the Department of
343	Public Highway Safety and Motor Vehicles.
344	Section 15.  Section 316.611, Florida Statutes, is amended
345	to read:
346	316.611  Tandem trailer equipment and use.--The Department
347	of Transportation shall adopt rules to regulate tandem trailer
348	truck equipment and use in the interest of safety, public
349	convenience, and preservation of public road facilities. The
350	rules shall apply according to their terms to all jurisdictions
351	of the state except the Florida Turnpike. Such rules shall be
352	enforced by the Department of Transportation, the Department of
353	Public Highway Safety and Motor Vehicles, and local authorities.
354	Section 16.  Subsection (9) of section 316.614, Florida
355	Statutes, is amended to read:
356	316.614  Safety belt usage.--
357	(9)  By January 1, 2006, each law enforcement agency in
358	this state shall adopt departmental policies to prohibit the
359	practice of racial profiling. When a law enforcement officer
360	issues a citation for a violation of this section, the law
361	enforcement officer must record the race and ethnicity of the
362	violator. All law enforcement agencies must maintain such
363	information and forward the information to the Department of
364	Public Safety in a form and manner determined by that the
365	department. The Department of Public Safety shall collect this
366	information by jurisdiction and annually report the data to the
367	Governor, the President of the Senate, and the Speaker of the
368	House of Representatives. The report must show separate
369	statewide totals for the state's county sheriffs and municipal
370	law enforcement agencies, state law enforcement agencies, and
371	state university law enforcement agencies.
372	Section 17.  Paragraph (a) of subsection (1) of section
373	316.640, Florida Statutes, is amended to read:
374	316.640  Enforcement.--The enforcement of the traffic laws
375	of this state is vested as follows:
376	(1)  STATE.--
377	(a)1.a.  The Division of the Florida Highway Patrol and the
378	Division of the Florida Marine Patrol of the Department of
379	Public Highway Safety and Motor Vehicles; the Division of Law
380	Enforcement of the Fish and Wildlife Conservation Commission;
381	the Division of Law Enforcement of the Department of
382	Environmental Protection; law enforcement officers of the
383	Department of Transportation; and the agents, inspectors, and
384	officers of the Department of Law Enforcement each have
385	authority to enforce all of the traffic laws of this state on
386	all the streets and highways thereof and elsewhere throughout
387	the state wherever the public has a right to travel by motor
388	vehicle.
389	b.  University police officers shall have authority to
390	enforce all of the traffic laws of this state when such
391	violations occur on or about any property or facilities that are
392	under the guidance, supervision, regulation, or control of a
393	state university, a direct-support organization of such state
394	university, or any other organization controlled by the state
395	university or a direct-support organization of the state
396	university, except that traffic laws may be enforced off-campus
397	when hot pursuit originates on or adjacent to any such property
398	or facilities.
399	c.  Community college police officers shall have the
400	authority to enforce all the traffic laws of this state only
401	when such violations occur on any property or facilities that
402	are under the guidance, supervision, regulation, or control of
403	the community college system.
404	d.  Police officers employed by an airport authority shall
405	have the authority to enforce all of the traffic laws of this
406	state only when such violations occur on any property or
407	facilities that are owned or operated by an airport authority.
408	(I)  An airport authority may employ as a parking
409	enforcement specialist any individual who successfully completes
410	a training program established and approved by the Criminal
411	Justice Standards and Training Commission for parking
412	enforcement specialists but who does not otherwise meet the
413	uniform minimum standards established by the commission for law
414	enforcement officers or auxiliary or part-time officers under s.
415	943.12. Nothing in this sub-sub-subparagraph shall be construed
416	to permit the carrying of firearms or other weapons, nor shall
417	such parking enforcement specialist have arrest authority.
418	(II)  A parking enforcement specialist employed by an
419	airport authority is authorized to enforce all state, county,
420	and municipal laws and ordinances governing parking only when
421	such violations are on property or facilities owned or operated
422	by the airport authority employing the specialist, by
423	appropriate state, county, or municipal traffic citation.
424	e.  The Office of Agricultural Law Enforcement of the
425	Department of Agriculture and Consumer Services shall have the
426	authority to enforce traffic laws of this state.
427	f.  School safety officers shall have the authority to
428	enforce all of the traffic laws of this state when such
429	violations occur on or about any property or facilities which
430	are under the guidance, supervision, regulation, or control of
431	the district school board.
432	2.  An agency of the state as described in subparagraph 1.
433	is prohibited from establishing a traffic citation quota. A
434	violation of this subparagraph is not subject to the penalties
435	provided in chapter 318.
436	3.  Any disciplinary action taken or performance evaluation
437	conducted by an agency of the state as described in subparagraph
438	1. of a law enforcement officer's traffic enforcement activity
439	must be in accordance with written work-performance standards.
440	Such standards must be approved by the agency and any collective
441	bargaining unit representing such law enforcement officer. A
442	violation of this subparagraph is not subject to the penalties
443	provided in chapter 318.
444	4.  The Division of the Florida Highway Patrol may employ
445	as a traffic accident investigation officer any individual who
446	successfully completes instruction in traffic accident
447	investigation and court presentation through the Selective
448	Traffic Enforcement Program as approved by the Criminal Justice
449	Standards and Training Commission and funded through the
450	National Highway Traffic Safety Administration or a similar
451	program approved by the commission, but who does not necessarily
452	meet the uniform minimum standards established by the commission
453	for law enforcement officers or auxiliary law enforcement
454	officers under chapter 943. Any such traffic accident
455	investigation officer who makes an investigation at the scene of
456	a traffic accident may issue traffic citations, based upon
457	personal investigation, when he or she has reasonable and
458	probable grounds to believe that a person who was involved in
459	the accident committed an offense under this chapter, chapter
460	319, chapter 320, or chapter 322 in connection with the
461	accident. This subparagraph does not permit the officer to carry
462	firearms or other weapons, and such an officer does not have
463	authority to make arrests.
464	Section 18.  Section 321.011, Florida Statutes, is created
465	to read:
466	321.011  Definitions.--As used in this chapter, the term:
467	(1)  "Department" means the Department of Public Safety
468	created in s. 20.60.
469	(2)  "Director" means the executive director of the
470	Department of Public Safety.
471	(3)  "Division" means the Division of the Highway Patrol of
472	the department.
473	Section 19.  Section 321.02, Florida Statutes, is amended
474	to read:
475	321.02  Powers and duties of department, highway patrol.--
476	(1)  The director of the Division of Highway Patrol of the
477	Department of Highway Safety and Motor Vehicles shall also be
478	the commander of the Florida Highway Patrol. The said department
479	shall adopt set up and promulgate rules and regulations by which
480	the personnel of the Florida Highway Patrol officers shall be
481	examined, employed, trained, located, suspended, reduced in
482	rank, discharged, recruited, paid and pensioned, subject to
483	civil service provisions hereafter set out.
484	(2)  The department may enter into contracts or agreements,
485	with or without competitive bidding or procurement, to make
486	available, on a fair, reasonable, nonexclusive, and
487	nondiscriminatory basis, property and other structures under
488	division control for the placement of new facilities by any
489	wireless provider of mobile service as defined in 47 U.S.C. s.
490	153(n) or s. 332(d), and any telecommunications company as
491	defined in s. 364.02 when it is determined to be practical and
492	feasible to make such property or other structures available.
493	The department may, without adopting a rule, charge a just,
494	reasonable, and nondiscriminatory fee for placement of the
495	facilities, payable annually, based on the fair market value of
496	space used by comparable communications facilities in the state.
497	The department and a wireless provider or telecommunications
498	company may negotiate the reduction or elimination of a fee in
499	consideration of services provided to the division by the
500	wireless provider or the telecommunications company. All such
501	fees collected by the department shall be deposited directly
502	into the State Agency Law Enforcement Radio System Trust Fund,
503	and may be used to construct, maintain, or support the system.
504	(3)  The department is further specifically authorized to
505	purchase, sell, trade, rent, lease and maintain all necessary
506	equipment, uniforms, motor vehicles, communication systems,
507	housing facilities, and office space, and perform any other acts
508	necessary for the proper administration and enforcement of this
509	chapter. However, all supplies and equipment consisting of
510	single items or in lots shall be purchased under the
511	requirements of s. 287.057. Purchases shall be made by accepting
512	the bid of the lowest responsive bidder, the right being
513	reserved to reject all bids.
514	(4)  The department shall prescribe a distinctive uniform
515	and distinctive emblem to be worn by all officers of the Florida
516	Highway Patrol. It shall be unlawful for any other person or
517	persons to wear a similar uniform or emblem, or any part or
518	parts thereof. The department shall also prescribe distinctive
519	colors for use on motor vehicles and motorcycles operated by the
520	Florida Highway Patrol. The prescribed colors shall be referred
521	to as "Florida Highway Patrol black and tan."
522	Section 20.  Section 321.03, Florida Statutes, is amended
523	to read:
524	321.03  Imitations prohibited; penalty.--It shall be
525	unlawful for any person or persons in the state to color or
526	cause to be colored any motor vehicle or motorcycle the same or
527	similar color as the color or colors so prescribed for the
528	Florida Highway Patrol. Any person violating any of the
529	provisions of this section or s. 321.02 with respect to
530	uniforms, emblems, motor vehicles and motorcycles commits shall
531	be guilty of a misdemeanor of the first degree, punishable as
532	provided in s. 775.082 or s. 775.083. The department of Highway
533	Safety and Motor Vehicles shall employ such clerical help and
534	mechanics as may be necessary for its the economical and
535	efficient operation of such department.
536	Section 21.  Subsections (1) and (3) of section 321.04,
537	Florida Statutes, are amended to read:
538	321.04  Personnel of the highway patrol; rank
539	classifications; probationary status of new patrol officers;
540	subsistence; special assignments.--
541	(1)  The department of Highway Safety and Motor Vehicles
542	shall employ patrol officers, as authorized by the Legislature
543	in appropriating funds for their salaries exclusive of those
544	members of the patrol who are assigned to and paid by special
545	departments,; and shall establish the necessary supervisory
546	ranks within the Florida Highway Patrol to efficiently supervise
547	and carry out its the designated functions of the patrol and
548	those of the department in accordance with the regulations
549	established by the Department of Management Services. Management
550	positions shall not exceed 6 percent of the total workforce.
551	(3)  The Governor shall select department of Highway Safety
552	and Motor Vehicles shall assign one patrol officer to be
553	assigned by the department to the office of the Governor.; said
554	patrol The officer so assigned shall be selected by the Governor
555	and shall have rank and pay not less than that of a lieutenant
556	within the department of the Florida Highway Patrol, and said
557	patrol officer so assigned shall be paid by the said department
558	from the department's appropriation, made to said department;
559	and said patrol officer shall have and receive all other
560	benefits provided for officers of that rank in this chapter or
561	any other statute now in existence or hereinafter enacted.
562	Section 22.  Section 321.05, Florida Statutes, is amended
563	to read:
564	321.05  Duties, functions, and powers of patrol
565	officers.--The members of the Florida Highway Patrol are hereby
566	declared to be conservators of the peace and law enforcement
567	officers of the state, with the common-law right to arrest a
568	person who, in the presence of the arresting officer, commits a
569	felony or commits an affray or breach of the peace constituting
570	a misdemeanor, with full power to bear arms; and they shall
571	apprehend, without warrant, any person in the unlawful
572	commission of any of the acts over which the members of the
573	Florida Highway Patrol are given jurisdiction as hereinafter set
574	out and deliver him or her to the sheriff of the county that
575	further proceedings may be had against him or her according to
576	law. In the performance of any of the powers, duties, and
577	functions authorized by law, members of the Florida Highway
578	Patrol shall have the same protections and immunities afforded
579	other peace officers, which shall be recognized by all courts
580	having jurisdiction over offenses against the laws of this
581	state, and shall have authority to apply for, serve, and execute
582	search warrants, arrest warrants, capias, and other process of
583	the court in those matters in which patrol officers have primary
584	responsibility as set forth in subsection (1). The patrol
585	officers under the direction and supervision of the department
586	of Highway Safety and Motor Vehicles shall perform and exercise
587	throughout the state the following duties, functions, and
588	powers:
589	(1)  To patrol the state highways and regulate, control,
590	and direct the movement of traffic thereon; to maintain the
591	public peace by preventing violence on highways; to apprehend
592	fugitives from justice; to enforce all laws now in effect
593	regulating and governing traffic, travel, and public safety upon
594	the public highways and providing for the protection of the
595	public highways and public property thereon; to make arrests
596	without warrant for the violation of any state law committed in
597	their presence in accordance with the laws of this state;
598	providing that no search shall be made unless it is incident to
599	a lawful arrest, to regulate and direct traffic concentrations
600	and congestions; to enforce laws governing the operation,
601	licensing, and taxing and limiting the size, weight, width,
602	length, and speed of vehicles and licensing and controlling the
603	operations of drivers and operators of vehicles; to cooperate
604	with officials designated by law to collect all state fees and
605	revenues levied as an incident to the use or right to use the
606	highways for any purpose; to require the drivers of vehicles to
607	stop and exhibit their driver's licenses, registration cards, or
608	documents required by law to be carried by such vehicles; to
609	investigate traffic accidents, secure testimony of witnesses and
610	of persons involved, and make report thereof with copy, when
611	requested in writing, to any person in interest or his or her
612	attorney; to investigate reported thefts of vehicles and to
613	seize contraband or stolen property on or being transported on
614	the highways.
615	(2)  To assist other constituted law enforcement officers
616	of the state to quell mobs and riots, guard prisoners, and
617	police disaster areas.
618	(3)(a)  To make arrests while in fresh pursuit of a person
619	believed to have violated the traffic and other laws.
620	(b)  To make arrest of a person wanted for a felony or
621	against whom a warrant has been issued on any charge in
622	violation of federal, state, or county laws or municipal
623	ordinances.
624	(4)(a)  All fines and costs and the proceeds of the
625	forfeiture of bail bonds and recognizances resulting from the
626	enforcement of this chapter by patrol officers shall be paid
627	into the fine and forfeiture fund established pursuant to s.
628	142.01 of the county where the offense is committed. In all
629	cases of arrest by patrol officers, the person arrested shall be
630	delivered forthwith by said officer to the sheriff of the
631	county, or he or she shall obtain from such person arrested a
632	recognizance or, if deemed necessary, a cash bond or other
633	sufficient security conditioned for his or her appearance before
634	the proper tribunal of such county to answer the charge for
635	which he or she has been arrested; and all fees accruing shall
636	be taxed against the party arrested, which fees are hereby
637	declared to be part of the compensation of said sheriffs
638	authorized to be fixed by the Legislature under s. 5(c), Art. II
639	of the State Constitution, to be paid such sheriffs in the same
640	manner as fees are paid for like services in other criminal
641	cases. All patrol officers are hereby directed to deliver all
642	bonds accepted and approved by them to the sheriff of the county
643	in which the offense is alleged to have been committed. However,
644	no sheriff shall be paid any arrest fee for the arrest of a
645	person for violation of any section of chapter 316 when the
646	arresting officer was transported in a Florida Highway Patrol
647	car to the vicinity where the arrest was made; and no sheriff
648	shall be paid any fee for mileage for himself or herself or a
649	prisoner for miles traveled in a Florida Highway Patrol car. No
650	patrol officer shall be entitled to any fee or mileage cost
651	except when responding to a subpoena in a civil cause or except
652	when such patrol officer is appearing as an official witness to
653	testify at any hearing or law action in any court of this state
654	as a direct result of his or her employment as a patrol officer
655	during time not compensated as a part of his or her normal
656	duties. Nothing herein shall be construed as limiting the power
657	to locate and to take from any person under arrest or about to
658	be arrested deadly weapons. Nothing contained in this section
659	shall be construed as a limitation upon existing powers and
660	duties of sheriffs or police officers.
661	(b)  Any person so arrested and released on his or her own
662	recognizance by an officer and who shall fail to appear or
663	respond to a notice to appear shall, in addition to the traffic
664	violation charge, commits be guilty of a noncriminal traffic
665	infraction subject to the penalty provided in s. 318.18(2).
666	(5)  The department may employ or assign some fit and
667	suitable person with experience in the field of public relations
668	who shall have the duty to promote, coordinate, and publicize
669	the traffic safety activities in the state and assign such
670	person to the office of the Governor at a salary to be fixed by
671	the department. The person so assigned or employed shall be a
672	uniformed member of the uniform division of the Florida Highway
673	Patrol, and he or she shall have the pay and rank of lieutenant
674	while on such assignment.
675	(6)  The department may adopt division of Florida Highway
676	Patrol is authorized to promulgate rules under ss. 120.536(1)
677	and 120.54 and regulations which may be necessary to implement
678	the provisions of chapter 316.
679	Section 23.  Subsection (2) of section 321.051, Florida
680	Statutes, is amended to read:
681	321.051  Florida Highway Patrol wrecker operator system;
682	penalties for operation outside of system.--
683	(2)  The division of Florida Highway Patrol of the
684	Department of Highway Safety and Motor Vehicles is authorized to
685	establish within areas designated by the patrol a wrecker
686	operator system using qualified, reputable wrecker operators for
687	removal and storage of wrecked or disabled vehicles from a crash
688	scene or for removal and storage of abandoned vehicles, in the
689	event the owner or operator is incapacitated or unavailable or
690	leaves the procurement of wrecker service to the officer at the
691	scene. All reputable wrecker operators shall be eligible for use
692	in the system provided their equipment and drivers meet
693	recognized safety qualifications and mechanical standards set by
694	rules of the division of Florida Highway Patrol for the size of
695	vehicle it is designed to handle. The division is authorized to
696	limit the number of wrecker operators participating in the
697	wrecker operator system, which authority shall not affect
698	wrecker operators currently participating in the system
699	established by this section. The division is authorized to
700	establish maximum rates for the towing and storage of vehicles
701	removed at the division's request, where such rates have not
702	been set by a county or municipality pursuant to s. 125.0103 or
703	s. 166.043. Such rates shall not be considered rules for the
704	purpose of chapter 120; however, the department shall establish
705	by rule a procedure for setting such rates. Any provision in
706	chapter 120 to the contrary notwithstanding, a final order of
707	the department denying, suspending, or revoking a wrecker
708	operator's participation in the system shall be reviewable in
709	the manner and within the time provided by the Florida Rules of
710	Appellate Procedure only by a writ of certiorari issued by the
711	circuit court in the county wherein such wrecker operator
712	resides.
713	Section 24.  Section 321.065, Florida Statutes, is amended
714	to read:
715	321.065  Traffic accident investigation officers;
716	employment; standards.--The department may employ traffic
717	accident investigation officers who must complete any applicable
718	standards adopted by the division Florida Highway Patrol,
719	including, but not limited to: cognitive testing, drug testing,
720	polygraph testing, psychological testing, and an extensive
721	background check, including a credit check.
722	Section 25.  Subsection (1) of section 321.23, Florida
723	Statutes, is amended to read:
724	321.23  Public records; fees for copies; destruction of
725	obsolete records; photographing records; effect as evidence.--
726	(1)  The purpose of this section is to make available for
727	the department's use of the Department of Highway Safety and
728	Motor Vehicles sufficient floor space to enable it to
729	efficiently administer its the affairs of the department and to
730	provide fees for copies of public records.
731	Section 26.  Section 321.25, Florida Statutes, is amended
732	to read:
733	321.25  Training provided at patrol schools.--The
734	department of Highway Safety and Motor Vehicles is authorized to
735	provide for the training of law enforcement officials and
736	individuals in matters relating to the duties, functions, and
737	powers of the Florida Highway Patrol and the Florida Marine
738	Patrol in the schools established by the department for the
739	training of highway patrol and marine patrol candidates and
740	officers. The department of Highway Safety and Motor Vehicles is
741	authorized to charge a fee for providing the training authorized
742	by this section. The fee shall be charged to persons attending
743	the training. The fee shall be based on the department's
744	Department of Highway Safety and Motor Vehicles' costs for
745	providing the training, and such costs may include, but are not
746	limited to, tuition, lodging, and meals. Revenues from the fees
747	shall be used to offset the department's Department of Highway
748	Safety and Motor Vehicles' costs for providing the training. The
749	cost of training local enforcement officers shall be paid for by
750	their respective offices, counties, or municipalities, as the
751	case may be. Such cost shall be deemed a proper county or
752	municipal expense or a proper expenditure of the office of
753	sheriff.
754	Section 27.  The Division of Statutory Revision is
755	requested to designate ss. 327.01-327.804, Florida Statutes, as
756	part I of chapter 327, Florida Statutes, entitled "Vessel
757	Safety," and ss. 327.901-327.9065, Florida Statutes, as created
758	by this act, as part II of that chapter, entitled "Florida
759	Marine Patrol." The title of chapter 327, Florida Statutes,
760	shall remain "Vessel Safety."
761	Section 28.  Section 327.901, Florida Statutes, is created
762	to read:
763	327.901  Definitions.--As used in this part, the term:
764	(1)  "Department" means the Department of Public Safety
765	created in s. 20.60.
766	(2)  "Director" means the executive director of the
767	Department of Public Safety.
768	(3)  "Patrol" means the Florida Marine Patrol.
769	Section 29.  Section 327.902, Florida Statutes, is created
770	to read:
771	327.902  Powers and duties of department.--
772	(1)  The department shall adopt rules by which the officers
773	of the patrol shall be examined, employed, trained, located,
774	suspended, reduced in rank, discharged, recruited, paid, and
775	pensioned, subject to civil service provisions hereinafter set
776	out.
777	(2)  The department shall have the same powers and duties
778	regarding supplies and equipment for the patrol as are provided
779	for the Florida Highway Patrol in s. 321.02(3).
780	(3)  The department shall prescribe a distinctive uniform
781	and distinctive emblem to be worn by all patrol officers. It
782	shall be unlawful for any other person or persons to wear a
783	similar uniform or emblem or any part or parts thereof. The
784	department shall also prescribe distinctive colors for use on
785	motor vehicles and vessels operated by the patrol. The
786	prescribed colors for the patrol shall be referred to as
787	"Florida Marine Patrol black and gray."
788	Section 30.  Section 327.903, Florida Statutes, is created
789	to read:
790	327.903  Imitations prohibited; penalty.--It shall be
791	unlawful for any person or persons in the state to color or
792	cause to be colored any motor vehicle, vessel, or motorcycle the
793	same or similar color as the color or colors so prescribed for
794	the patrol. Any person violating any of the provisions of this
795	section or s. 327.902 with respect to uniforms, emblems, motor
796	vehicles, vessels, and motorcycles commits a misdemeanor of the
797	first degree, punishable as provided in s. 775.082 or s.
798	775.083.
799	Section 31.  Section 327.904, Florida Statutes, is created
800	to read:
801	327.904  Personnel.--
802	(1)  The department shall employ patrol officers as
803	authorized by legislative appropriation, exclusive of those who
804	are assigned to and paid by special departments, and shall
805	establish the necessary supervisory ranks within the patrol to
806	efficiently supervise and carry out its functions and those of
807	the department in accordance with the personnel regulations of
808	the Department of Management Services. Management positions
809	shall not exceed 6 percent of the total workforce.
810	(2)  Each person who is employed as a patrol officer shall
811	be carried on a probationary status for the period of 1 year
812	from date of employment, during which period he or she may be
813	dismissed without recourse. Patrol officers when sent on special
814	detail or missions out of their regular assigned territories or
815	headquarters shall be reimbursed for travel expenses as provided
816	in s. 112.061.
817	Section 32.  Section 327.905, Florida Statutes, is created
818	to read:
819	327.905  Duties and powers of officers; rulemaking.--
820	(1)  The patrol officers are declared to be conservators of
821	the peace and law enforcement officers of the state, with the
822	common-law right to arrest a person who, in the presence of the
823	arresting officer, commits a felony or commits an affray or
824	breach of the peace constituting a misdemeanor, with full power
825	to bear arms; and they shall apprehend, without warrant, any
826	person in the unlawful commission of any of the acts over which
827	the officers of the patrol are given jurisdiction as hereinafter
828	set out and deliver him or her to the sheriff of the county
829	wherein such unlawful act occurred in order that further
830	proceedings may be had against him or her according to law. In
831	the performance of any of the powers, duties, and functions
832	authorized by law, patrol officers shall have the same
833	protections and immunities afforded other peace officers, which
834	shall be recognized by all courts having jurisdiction over
835	offenses against the laws of this state, and shall have
836	authority to apply for, serve, and execute search warrants,
837	arrest warrants, capias, and other process of the court in those
838	matters in which patrol officers have primary responsibility as
839	set forth in paragraph (2)(a).
840	(2)(a)  Patrol officers shall perform and exercise
841	throughout the state the duties, functions, and powers provided
842	in s. 20.60(3)(b) as required by the director.
843	(b)  In addition, patrol officers shall have all duties and
844	powers as provided for the officers of the Florida Highway
845	Patrol in s. 321.05(2) and (3).
846	(3)  The department may adopt rules under ss. 120.536(1)
847	and 120.54 to implement this part.
848	Section 33.  Section 327.9065, Florida Statutes, is created
849	to read:
850	327.9065  Boating accident investigation officers.--The
851	department may employ boating accident investigation officers
852	who must complete any applicable standards adopted by the
853	patrol, including, but not limited to: cognitive testing, drug
854	testing, polygraph testing, psychological testing, and an
855	extensive background check, including a credit check.
856	Section 34.  Subsection (3) of section 337.406, Florida
857	Statutes, is amended to read:
858	337.406  Unlawful use of state transportation facility
859	right-of-way; penalties.--
860	(3)  The Department of Public Highway Safety and Motor
861	Vehicles and other law enforcement agencies are authorized and
862	directed to enforce this statute.
863	Section 35.  Subsection (2) of section 338.239, Florida
864	Statutes, is amended to read:
865	338.239  Traffic control on the turnpike system.--
866	(2)  Members of the Florida Highway Patrol are vested with
867	the power, and charged with the duty, to enforce the rules of
868	the department. Approved expenditures incurred by the Florida
869	Highway Patrol in carrying out its powers and duties under ss.
870	338.22-338.241 may be treated as a part of the cost of the
871	operation of the turnpike system, and the Department of Public
872	Highway Safety and Motor Vehicles shall be reimbursed by the
873	turnpike enterprise for such expenses incurred on the turnpike
874	system. Florida Highway Patrol Troop K shall be headquartered
875	with the turnpike enterprise and shall be the official and
876	preferred law enforcement troop for the turnpike system. The
877	Department of Public Highway Safety and Motor Vehicles may, upon
878	request of the executive director of the turnpike enterprise and
879	approval of the Legislature, increase the number of authorized
880	positions for Troop K, or the executive director of the turnpike
881	enterprise may contract with the Department of Public Highway
882	Safety and Motor Vehicles for additional troops to patrol the
883	turnpike system.
884	Section 36.  Subsection (1) of section 339.281, Florida
885	Statutes, is amended to read:
886	339.281  Damage to transportation facility by vessel;
887	marine accident report; investigative authorities; penalties.--
888	(1)  Whenever any vessel has caused damage to a
889	transportation facility, the managing owner, agent, or master of
890	such vessel shall immediately, or as soon thereafter as
891	possible, report the same to the nearest Fish and Wildlife
892	Conservation Commission officer, an officer of the Florida
893	Marine Patrol, the sheriff of the county wherein such accident
894	occurred, or the Florida Highway Patrol, who shall immediately
895	go to the scene of the accident and, if necessary, board the
896	vessel subsequent to the accident in pursuance of its
897	investigation. The law enforcement agency investigating the
898	accident shall submit a copy of its report to the department.
899	Section 37.  Subsection (4) of section 370.0603, Florida
900	Statutes, is amended to read:
901	370.0603  Marine Resources Conservation Trust Fund;
902	purposes.--
903	(4)  Funds transferred to the Marine Resources Conservation
904	Trust Fund from the Fuel Tax Collection Trust Fund pursuant to
905	s. 206.606 shall be used for the following purposes:
906	(a)  To provide additional water-related law enforcement
907	positions within the Fish and Wildlife Conservation Commission
908	primarily for the purpose of enforcing laws designed to protect
909	manatee populations. Law enforcement positions funded under this
910	provision shall be assigned to counties having the highest
911	incidence of manatee deaths and injuries.
912	(b)  For the placement of uniform waterway markers on state
913	waters.
914	(c)  To provide funding for construction and maintenance of
915	publicly owned boat ramps, piers, and docks, directly and
916	through grants to counties and municipalities.
917	(d)  To implement and administer programs related to
918	boating safety and education, manatee technical avoidance
919	technology, and economic development initiatives to promote
920	boating in the state, including competitive grants programs as
921	provided in s. 327.47.
922	(e)  For other activities of the Florida Marine Patrol
923	Boating and Waterways Section such as coordinating the
924	submission of state comments on boating-related events.
925
926	Funds not used in one fiscal year must be carried over for use
927	in subsequent years.
928	Section 38.  Paragraph (b) of subsection (2) of section
929	401.245, Florida Statutes, is amended to read:
930	401.245  Emergency Medical Services Advisory Council.--
931	(2)
932	(b)  Representation on the Emergency Medical Services
933	Advisory Council shall include: two licensed physicians who are
934	"medical directors" as defined in s. 401.23(15) or whose medical
935	practice is closely related to emergency medical services; two
936	emergency medical service administrators, one of whom is
937	employed by a fire service; two certified paramedics, one of
938	whom is employed by a fire service; two certified emergency
939	medical technicians, one of whom is employed by a fire service;
940	one emergency medical services educator; one emergency nurse;
941	one hospital administrator; one representative of air ambulance
942	services; one representative of a commercial ambulance operator;
943	and two laypersons who are in no way connected with emergency
944	medical services, one of whom is a representative of the
945	elderly. Ex officio members of the advisory council from state
946	agencies shall include, but shall not be limited to,
947	representatives from the Department of Education, the Department
948	of Management Services, the State Fire Marshal, the Department
949	of Public Highway Safety and Motor Vehicles, the Department of
950	Transportation, and the Department of Community Affairs.
951	Section 39.  Paragraph (c) of subsection (2) of section
952	403.413, Florida Statutes, is amended to read:
953	403.413  Florida Litter Law.--
954	(2)  DEFINITIONS.--As used in this section:
955	(c)  "Law enforcement officer" means any officer of the
956	Florida Highway Patrol, the Florida Marine Patrol, a county
957	sheriff's department, a municipal law enforcement department, a
958	law enforcement department of any other political subdivision,
959	the department, or the Fish and Wildlife Conservation
960	Commission. In addition, and solely for the purposes of this
961	section, "law enforcement officer" means any employee of a
962	county or municipal park or recreation department designated by
963	the department head as a litter enforcement officer.
964	Section 40.  Paragraph (d) of subsection (3) of section
965	790.25, Florida Statutes, is amended to read:
966	790.25  Lawful ownership, possession, and use of firearms
967	and other weapons.--
968	(3)  LAWFUL USES.--The provisions of ss. 790.053 and 790.06
969	do not apply in the following instances, and, despite such
970	sections, it is lawful for the following persons to own,
971	possess, and lawfully use firearms and other weapons,
972	ammunition, and supplies for lawful purposes:
973	(d)  Sheriffs, marshals, prison or jail wardens, police
974	officers, Florida Highway Patrol officers, Florida Marine Patrol
975	officers, game wardens, revenue officers, forest officials,
976	special officers appointed under the provisions of chapter 354,
977	and other peace and law enforcement officers and their deputies
978	and assistants and full-time paid peace officers of other states
979	and of the Federal Government who are carrying out official
980	duties while in this state;
981	Section 41.  Section 843.08, Florida Statutes, is amended
982	to read:
983	843.08  Falsely personating officer, etc.--A person who
984	falsely assumes or pretends to be a sheriff, officer of the
985	Florida Highway Patrol, officer of the Florida Marine Patrol,
986	officer of the Fish and Wildlife Conservation Commission,
987	officer of the Department of Environmental Protection, officer
988	of the Department of Transportation, officer of the Department
989	of Corrections, correctional probation officer, deputy sheriff,
990	state attorney or assistant state attorney, statewide prosecutor
991	or assistant statewide prosecutor, state attorney investigator,
992	coroner, police officer, lottery special agent or lottery
993	investigator, beverage enforcement agent, or watchman, or any
994	member of the Parole Commission and any administrative aide or
995	supervisor employed by the commission, or any personnel or
996	representative of the Department of Law Enforcement, and takes
997	upon himself or herself to act as such, or to require any other
998	person to aid or assist him or her in a matter pertaining to the
999	duty of any such officer, commits a felony of the third degree,
1000	punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
1001	however, a person who falsely personates any such officer during
1002	the course of the commission of a felony commits a felony of the
1003	second degree, punishable as provided in s. 775.082, s. 775.083,
1004	or s. 775.084; except that if the commission of the felony
1005	results in the death or personal injury of another human being,
1006	the person commits a felony of the first degree, punishable as
1007	provided in s. 775.082, s. 775.083, or s. 775.084.
1008	Section 42.  Section 870.04, Florida Statutes, is amended
1009	to read:
1010	870.04  Specified officers to disperse riotous
1011	assembly.--If any number of persons, whether armed or not, are
1012	unlawfully, riotously or tumultuously assembled in any county,
1013	city or municipality, the sheriff or the sheriff's deputies, or
1014	the mayor, or any commissioner, council member, alderman or
1015	police officer of the said city or municipality, or any officer
1016	or member of the Florida Highway Patrol, any officer of the
1017	Florida Marine Patrol, or any officer or agent of the Fish and
1018	Wildlife Conservation Commission, Department of Environmental
1019	Protection, or beverage enforcement agent, any personnel or
1020	representatives of the Department of Law Enforcement or its
1021	successor, or any other peace officer, shall go among the
1022	persons so assembled, or as near to them as may be with safety,
1023	and shall in the name of the state command all the persons so
1024	assembled immediately and peaceably to disperse; and if such
1025	persons do not thereupon immediately and peaceably disperse,
1026	said officers shall command the assistance of all such persons
1027	in seizing, arresting and securing such persons in custody; and
1028	if any person present being so commanded to aid and assist in
1029	seizing and securing such rioter or persons so unlawfully
1030	assembled, or in suppressing such riot or unlawful assembly,
1031	refuses or neglects to obey such command, or, when required by
1032	such officers to depart from the place, refuses and neglects to
1033	do so, the person shall be deemed one of the rioters or persons
1034	unlawfully assembled, and may be prosecuted and punished
1035	accordingly.
1036	Section 43.  This act shall take effect July 1, 2006.

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