Senate Bill sb1446

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    Florida Senate - 2007                                  SB 1446

    By Senator Justice





    16-1089-07

  1                      A bill to be entitled

  2         An act relating to forensic services; providing

  3         a short title; amending s. 943.04, F.S.;

  4         authorizing the Criminal Justice Investigations

  5         and Forensic Science Program within the

  6         Department of Law Enforcement to enter into a

  7         memorandum of understanding with a partner to

  8         provide training and technical assistance to

  9         state, local, and other law enforcement

10         agencies in matters of forensic science;

11         providing requirements for the memorandum of

12         understanding; providing an effective date.

13  

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

15  

16         Section 1.  This act may be cited as the "Florida

17  Forensic Service and Technical Training Act."

18         Section 2.  Section 943.04, Florida Statutes, is

19  amended to read:

20         943.04  Criminal Justice Investigations and Forensic

21  Science Program; creation; investigative, forensic, and

22  related authority.--

23         (1)  There is created a Criminal Justice Investigations

24  and Forensic Science Program within the Department of Law

25  Enforcement.  The program shall be supervised by personnel who

26  shall be employed by the department upon the recommendation of

27  the executive director. Such personnel shall supervise,

28  direct, coordinate, and administer activities of the program

29  which are assigned by the executive director.

30         (2)(a)  In carrying out the investigative services of

31  the Criminal Justice Investigations and Forensic Science

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    Florida Senate - 2007                                  SB 1446
    16-1089-07




 1  Program and under appropriate rules and regulations adopted by

 2  the department, upon written order of the Governor, or by

 3  direction of the Legislature acting by a concurrent

 4  resolution, and at the direction of the executive director,

 5  the department may investigate violations of any of the

 6  criminal laws of the state, and shall have authority to bear

 7  arms, make arrests and apply for, serve and execute search

 8  warrants, arrest warrants, capias, and other process of the

 9  court.

10         (b)  Investigations may also be conducted in connection

11  with the faithful execution and effective enforcement of the

12  laws of the state with reference to organized crime, vice,

13  racketeering, rioting, inciting to riot, and insurrection.

14         (c)  The department may also engage in such other

15  investigative activities as will aid local law enforcement

16  officers in preventing or solving crimes and controlling

17  criminal activity.

18         (d)  All investigators employed by the department shall

19  be considered law enforcement officers for all purposes.  The

20  executive director shall have the authority to designate the

21  person occupying any appropriate position within the

22  department as a law enforcement officer, if such person is

23  qualified under the department's personnel regulations

24  relating to agents and is certified pursuant to s.

25  943.1395(1), and all persons thus employed by the department

26  shall be considered law enforcement officers for all purposes

27  and shall be entitled to the privileges, protection, and

28  benefits of ss. 112.19, 121.051, 122.34, and 870.05.

29         (3)  Whenever it shall appear to the department that

30  there is cause for the prosecution of a crime, the department

31  

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    Florida Senate - 2007                                  SB 1446
    16-1089-07




 1  shall refer the evidence of such crime to the officials

 2  authorized to conduct the prosecution.

 3         (4)(a)  The department is authorized to establish

 4  regional violent crime investigation coordinating teams

 5  composed of persons including, but not limited to, forensic

 6  investigators and law enforcement officers from both state and

 7  local criminal justice agencies. The functions of a regional

 8  violent crime investigation coordinating team include:

 9         1.  Responding to violent crimes in a timely and

10  comprehensive manner, utilizing analytic, forensic,

11  investigative, and technical expertise and equipment to

12  provide key support to local law enforcement agencies

13  undertaking difficult violent crime investigations.

14         2.  Facilitating communication and coordination among

15  state and local criminal justice agencies, including

16  facilitating and coordinating the use of state law enforcement

17  resources for concentrated task force efforts in violent crime

18  investigations constituting emergency situations within the

19  region.

20         (b)  Upon the request of a sheriff, a police chief, or

21  other appropriate law enforcement administrator, the executive

22  director may deploy a regional violent crime investigation

23  team to assist a law enforcement agency in a violent crime

24  investigation.

25         (5)  In carrying out the services of the Criminal

26  Justice Investigations and Forensic Science Program and under

27  appropriate rules and regulations adopted by the department,

28  the department may:

29         (a)  Adopt and recommend cooperative policies for

30  coordinating the law enforcement work of all state, county,

31  

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    Florida Senate - 2007                                  SB 1446
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 1  and municipal agencies that are responsible for law

 2  enforcement.

 3         (b)  Assist local law enforcement agencies by providing

 4  consultation, research, and planning assistance, training, and

 5  field technical services and engage in other activities to aid

 6  local law enforcement officers in preventing and solving

 7  crimes and controlling criminal activity.

 8         (c)  Provide forensic services to state, local, and

 9  other law enforcement agencies and criminal justice agencies

10  and adopt policies, procedures, and standards for operating

11  state-operated crime laboratories.

12         (6)(a)  It is the intent of the Legislature that the

13  department assist in improving the quality and timeliness of

14  forensic services within the criminal justice community of

15  this state. The goal of the Legislature is that each state and

16  local criminal justice entity improve the quality and

17  timeliness of its forensic-science analyses and enhance the

18  law enforcement entity's forensic services in order to better

19  ensure the safety of the residents of this state.

20         (b)  In order to achieve these goals, the Criminal

21  Justice Investigations and Forensic Science Program within the

22  department may enter into a memorandum of understanding with a

23  partner such as the National Forensic Science Technology

24  Center, to provide training and technical assistance to state,

25  local, and other law enforcement agencies in matters of

26  forensic science. The memorandum of understanding shall

27  identify and develop courses and training materials in topics

28  of forensic science which may be used to train appropriate

29  staff who are directly and substantially involved in providing

30  forensic-science analyses in crime laboratories and field

31  investigations and to court personnel and members of law

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    Florida Senate - 2007                                  SB 1446
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 1  enforcement agencies. The memorandum of understanding must

 2  identify the minimum staffing levels and requirements

 3  necessary to identify and develop such courses and training

 4  materials.

 5         Section 3.  This act shall take effect July 1, 2007.

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 8                          SENATE SUMMARY

 9    Authorizes the Criminal Justice Investigations and
      Forensic Science Program within the Department of Law
10    Enforcement to enter into a memorandum of understanding
      with a partner to provide training and technical
11    assistance to state, local, and other law enforcement
      agencies in matters of forensic science. Provides
12    requirements for the memorandum of understanding.

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