Senate Bill sb2016
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Florida Senate - 2007 SB 2016
By Senator Baker
20-1683-07 See HB
1 A bill to be entitled
2 An act relating to the Department of Public
3 Safety; creating s. 20.60, F.S.; creating the
4 Department of Public Safety; transferring the
5 Florida Highway Patrol from the Department of
6 Highway Safety and Motor Vehicles to the
7 Department of Public Safety; transferring the
8 Boating and Waterways Section of the Division
9 of Law Enforcement of the Fish and Wildlife
10 Conservation Commission to the Department of
11 Public Safety; transferring certain law
12 enforcement officers within the Fish and
13 Wildlife Conservation Commission to the
14 Department of Public Safety; providing a limit
15 on the number of such sworn law enforcement
16 positions transferred; amending ss. 20.24,
17 20.331, 23.1231, 120.80, 282.1095, 316.003,
18 316.065, 316.066, 316.068, 316.1905, 316.1906,
19 316.611, 316.614, and 316.640, F.S.; conforming
20 provisions to the creation of the Department of
21 Public Safety and the transfers of powers,
22 duties, and personnel to the department;
23 creating s. 321.011, F.S.; providing
24 definitions; amending ss. 321.02, 321.03,
25 321.04, 321.05, 321.051, 321.065, 321.23, and
26 321.25, F.S.; conforming provisions to the
27 creation of the Department of Public Safety and
28 the transfers of powers, duties, and personnel
29 to the department; providing a directive to the
30 Division of Statutory Revision; creating ss.
31 327.901, 327.902, 327.903, 327.904, 327.905,
1
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Florida Senate - 2007 SB 2016
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1 and 327.9065, F.S.; providing definitions;
2 providing for duties, powers, and organization
3 of the Florida Marine Patrol; providing for
4 uniforms, emblems, and distinctive colors for
5 the patrol; providing for rulemaking;
6 prohibiting imitations; providing penalties;
7 providing for boating accident investigators;
8 amending ss. 337.406, 338.239, 339.281,
9 370.0603, 401.245, 403.413, 790.25, 843.08, and
10 870.04, F.S.; conforming provisions to the
11 creation of the Department of Public Safety and
12 the transfers of powers, duties, and personnel
13 to the department; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 20.60, Florida Statutes, is created
18 to read:
19 20.60 Department of Public Safety.--
20 (1) There is created a Department of Public Safety.
21 (2) The head of the Department of Public Safety is the
22 Governor and Cabinet.
23 (3) The following divisions of the Department of
24 Public Safety are established:
25 (a) Division of the Florida Highway Patrol.
26 (b) Division of the Florida Marine Patrol. The
27 division shall have all powers, duties, responsibilities, and
28 functions as are necessary to manage and promote the use of
29 state waterways for safe and enjoyable boating. Duties and
30 responsibilities of the division include enforcement of all
31 laws relating to boating, oversight, and coordination of
2
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Florida Senate - 2007 SB 2016
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1 waterway markers on state waters; providing boating education
2 and boating safety programs; improving boating access;
3 coordinating the removal of derelict vessels from state
4 waters; implementing economic development initiatives to
5 promote boating in the state; and coordinating the submission
6 of state comments on marine events.
7 (4) The department's officers also shall, when
8 necessary, assist in the enforcement of all general laws,
9 provide search-and-rescue and disaster response services, and
10 coordinate with local, state, and federal entities on law
11 enforcement issues.
12 Section 2. All statutory powers, duties, and functions
13 of the Florida Highway Patrol within the Department of Highway
14 Safety and Motor Vehicles are transferred from the Department
15 of Highway Safety and Motor Vehicles to the Division of the
16 Florida Highway Patrol within the Department of Public Safety
17 by a type one transfer, as defined in s. 20.06, Florida
18 Statutes.
19 Section 3. All statutory powers, duties, and functions
20 of the Boating and Waterways Section within the Fish and
21 Wildlife Conservation Commission are transferred from the Fish
22 and Wildlife Conservation Commission to the Division of the
23 Florida Marine Patrol within the Department of Public Safety
24 by a type one transfer, as defined in s. 20.06, Florida
25 Statutes. This transfer shall include the transfer of all law
26 enforcement officers within the Fish and Wildlife Conservation
27 Commission whose primary duties are to enforce laws relating
28 to boating. The number of sworn law enforcement FTE positions
29 transferred under this section shall be one-half the number of
30 such positions in the Fish and Wildlife Conservation
31 Commission.
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1 Section 4. Subsection (2) of section 20.24, Florida
2 Statutes, is amended to read:
3 20.24 Department of Highway Safety and Motor
4 Vehicles.--There is created a Department of Highway Safety and
5 Motor Vehicles.
6 (2) The following divisions, and bureaus within the
7 divisions, of the Department of Highway Safety and Motor
8 Vehicles are established:
9 (a) Division of the Florida Highway Patrol.
10 (a)(b) Division of Driver Licenses.
11 (b)(c) Division of Motor Vehicles.
12 1. Bureau of Motor Vehicle Inspection.
13 Section 5. Paragraph (a) of subsection (4) and
14 paragraph (e) of subsection (7) of section 20.331, Florida
15 Statutes, are amended to read:
16 20.331 Fish and Wildlife Conservation Commission.--
17 (4) PROGRAM AND RESEARCH SERVICES.--Within the Fish
18 and Wildlife Conservation Commission, the principal unit for
19 program services is a "division" headed by a "director." The
20 principal subunit of the division is a "section" headed by a
21 "leader." The principal subunit of the section is a
22 "subsection" headed by an "administrator."
23 (a) The following divisions and section are created
24 within the commission:
25 1. Division of Freshwater Fisheries Management.
26 2. Division of Habitat and Species Conservation.
27 3. Division of Hunting and Game Management.
28 4. Division of Law Enforcement. There is created
29 within the division the Boating and Waterways Section with
30 duties and responsibilities as provided in paragraph (7)(e).
31 5. Division of Marine Fisheries Management.
4
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1 (7) ASSIGNMENT OF DUTIES AND RESPONSIBILITIES.--The
2 commission, and the Legislature as provided in s. 9, Art. IV
3 of the State Constitution, shall assign to the:
4 (e) Division of Law Enforcement such powers, duties,
5 responsibilities, and functions as are necessary to ensure
6 enforcement of laws and rules governing the management,
7 protection, conservation, improvement, and expansion of wild
8 animal life, freshwater aquatic life, and marine life
9 resources. In performance of their duties as sworn law
10 enforcement officers for the State of Florida, the division's
11 officers also shall, enforce all laws relating to boating,
12 provide public safety services for citizens on lands and
13 waters of the state particularly in remote areas, provide
14 search-and-rescue and disaster response services when
15 necessary, assist in the enforcement of all general laws,
16 provide search-and-rescue and disaster response services, and
17 coordinate with local, state, and federal entities on law
18 enforcement issues.
19 1. The Boating and Waterways Section such powers,
20 duties, responsibilities, and functions as are necessary to
21 manage and promote the use of state waterways for safe and
22 enjoyable boating. Duties and responsibilities of the section
23 include oversight and coordination of waterway markers on
24 state waters, providing boating education and boating safety
25 programs, improving boating access, coordinating the removal
26 of derelict vessels from state waters, implementing economic
27 development initiatives to promote boating in the state, and
28 coordinating the submission of state comments on marine
29 events.
30 Section 6. Subsection (2) of section 23.1231, Florida
31 Statutes, is amended to read:
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1 23.1231 Florida Mutual Aid Plan; powers and duties.--
2 (2) The executive director of the Department of Law
3 Enforcement acting under the Governor as the state's chief law
4 enforcement officer is the director of the Florida Mutual Aid
5 Plan. The director of the Florida Mutual Aid Plan shall:
6 (a) Coordinate, integrate, and implement law
7 enforcement planning and activities for the use of mutual aid
8 and state resources;
9 (b) Coordinate the organization and direction of the
10 law enforcement services of the Florida Mutual Aid Plan;
11 (c) Coordinate and implement the gathering and
12 collection of information and intelligence relating to law
13 enforcement mutual aid or assistance from state agencies to
14 support local law enforcement agencies in any local disaster
15 or emergency, and provide information to state and local law
16 enforcement agencies;
17 (d) During a state of emergency declared by the
18 Governor under chapter 252, command, control, and coordinate
19 all state law enforcement personnel and equipment to support
20 local law enforcement agencies;
21 (e) Act as the liaison with the Division of the
22 Florida Highway Patrol of the Department of Public Highway
23 Safety and Motor Vehicles in order to coordinate and integrate
24 plans for traffic control and the participation of the
25 department in the law enforcement operation;
26 (f) Serve as liaison and guide the flow of requests
27 from local law enforcement for requesting law enforcement
28 services from the Florida National Guard;
29 (g) Serve as liaison to the Governor, federal and
30 state departments and agencies, and local law enforcement
31
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Florida Senate - 2007 SB 2016
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1 officials in order to achieve close coordination and
2 cooperation in planning and operations in trouble areas;
3 (h) Guide the flow of law enforcement information from
4 federal and state organizations to local law enforcement
5 officials;
6 (i) Serve as liaison to the Attorney General in order
7 to keep him or her informed of changes in law enforcement
8 plans and regulations, mutual aid agreements, and current
9 developments in all situations from a legal standpoint; and
10 (j) Do other things necessary for the implementation
11 of this part.
12 Section 7. Subsection (8) of section 120.80, Florida
13 Statutes, is amended, and paragraph (b) of that subsection is
14 renumbered as subsection (18) of that section, to read:
15 120.80 Exceptions and special requirements;
16 agencies.--
17 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
18 (a) Drivers' licenses.--
19 (a)1. Notwithstanding s. 120.57(1)(a), hearings
20 regarding drivers' licensing pursuant to chapter 322 need not
21 be conducted by an administrative law judge assigned by the
22 division.
23 (b)2. Notwithstanding s. 120.60(5), cancellation,
24 suspension, or revocation of a driver's license shall be by
25 personal delivery to the licensee or by first-class mail as
26 provided in s. 322.251.
27 (18)(b) DEPARTMENT OF PUBLIC SAFETY Wrecker
28 operators.--Notwithstanding s. 120.57(1)(a), hearings held by
29 the Division of the Florida Highway Patrol of the Department
30 of Public Highway Safety and Motor Vehicles to deny, suspend,
31 or remove a wrecker operator from participating in the wrecker
7
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Florida Senate - 2007 SB 2016
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1 rotation system established by s. 321.051 need not be
2 conducted by an administrative law judge assigned by the
3 division. These hearings shall be held by a hearing officer
4 appointed by the director of the Division of the Florida
5 Highway Patrol.
6 Section 8. Paragraph (a) of subsection (2) of section
7 282.1095, Florida Statutes, is amended to read:
8 282.1095 State agency law enforcement radio system and
9 interoperability network.--
10 (2)(a) The Joint Task Force on State Agency Law
11 Enforcement Communications shall consist of nine eight
12 members, as follows:
13 1. A representative of the Division of Alcoholic
14 Beverages and Tobacco of the Department of Business and
15 Professional Regulation who shall be appointed by the
16 secretary of the department.
17 2. A representative of the Division of the Florida
18 Highway Patrol and a representative of the Division of the
19 Florida Marine Patrol of the Department of Public Highway
20 Safety and Motor Vehicles who shall each be appointed by the
21 executive director of the department.
22 3. A representative of the Department of Law
23 Enforcement who shall be appointed by the executive director
24 of the department.
25 4. A representative of the Fish and Wildlife
26 Conservation Commission who shall be appointed by the
27 executive director of the commission.
28 5. A representative of the Division of Law Enforcement
29 of the Department of Environmental Protection who shall be
30 appointed by the secretary of the department.
31
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1 6. A representative of the Department of Corrections
2 who shall be appointed by the secretary of the department.
3 7. A representative of the Division of State Fire
4 Marshal of the Department of Financial Services who shall be
5 appointed by the State Fire Marshal.
6 8. A representative of the Department of
7 Transportation who shall be appointed by the secretary of the
8 department.
9 Section 9. Subsection (9) of section 316.003, Florida
10 Statutes, is amended to read:
11 316.003 Definitions.--The following words and phrases,
12 when used in this chapter, shall have the meanings
13 respectively ascribed to them in this section, except where
14 the context otherwise requires:
15 (9) DIRECTOR.--The Director of the Division of the
16 Florida Highway Patrol of the Department of Public Highway
17 Safety and Motor Vehicles.
18 Section 10. Subsection (2) of section 316.065, Florida
19 Statutes, is amended to read:
20 316.065 Crashes; reports; penalties.--
21 (2) Every coroner or other official performing like
22 functions, upon learning of the death of a person in his or
23 her jurisdiction as the result of a traffic crash, shall
24 immediately notify the nearest office or station of the
25 Department of Public Safety.
26 Section 11. Subsections (1) and (2) and paragraph (a)
27 of subsection (3) of section 316.066, Florida Statutes, are
28 amended to read:
29 316.066 Written reports of crashes.--
30 (1) The driver of a vehicle which is in any manner
31 involved in a crash resulting in bodily injury to or death of
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1 any person or damage to any vehicle or other property in an
2 apparent amount of at least $500 shall, within 10 days after
3 the crash, forward a written report of such crash to the
4 Department of Public Safety or traffic records center.
5 However, when the investigating officer has made a written
6 report of the crash pursuant to subsection (3), no written
7 report need be forwarded to the Department of Public Safety or
8 traffic records center by the driver.
9 (2) The receiving entity may require any driver of a
10 vehicle involved in a crash of which a written report must be
11 made as provided in this section to file supplemental written
12 reports whenever the original report is insufficient in the
13 opinion of the Department of Public Safety and may require
14 witnesses of crashes to render reports to the Department of
15 Public Safety.
16 (3)(a) Every law enforcement officer who in the
17 regular course of duty investigates a motor vehicle crash:
18 1. Which crash resulted in death or personal injury
19 shall, within 10 days after completing the investigation,
20 forward a written report of the crash to the Department of
21 Public Safety or traffic records center.
22 2. Which crash involved a violation of s. 316.061(1)
23 or s. 316.193 shall, within 10 days after completing the
24 investigation, forward a written report of the crash to the
25 Department of Public Safety or traffic records center.
26 3. In which crash a vehicle was rendered inoperative
27 to a degree which required a wrecker to remove it from traffic
28 may, within 10 days after completing the investigation,
29 forward a written report of the crash to the Department of
30 Public Safety or traffic records center if such action is
31 appropriate, in the officer's discretion.
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1 Section 12. Section 316.068, Florida Statutes, is
2 amended to read:
3 316.068 Crash report forms.--
4 (1) The Department of Public Safety shall prepare and,
5 upon request, supply to police departments, sheriffs, and
6 other appropriate agencies or individuals forms for crash
7 reports as required in this chapter, suitable with respect to
8 the persons required to make such reports and the purposes to
9 be served. The form must call for sufficiently detailed
10 information to disclose, with reference to a vehicle crash,
11 the cause and conditions then existing and the persons and
12 vehicles involved. Every crash report form must call for the
13 policy numbers of liability insurance and the names of
14 carriers covering any vehicle involved in a crash required to
15 be reported by this chapter.
16 (2) Every crash report required to be made in writing
17 must be made on the appropriate form approved by the
18 Department of Public Safety and must contain all the
19 information required therein, including:
20 (a) The date, time, and location of the crash;
21 (b) A description of the vehicles involved;
22 (c) The names and addresses of the parties involved;
23 (d) The names and addresses of all drivers and
24 passengers in the vehicles involved;
25 (e) The names and addresses of witnesses;
26 (f) The name, badge number, and law enforcement agency
27 of the officer investigating the crash; and
28 (g) The names of the insurance companies for the
29 respective parties involved in the crash,
30
31
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1 unless not available. The absence of information in such
2 written crash reports regarding the existence of passengers in
3 the vehicles involved in the crash creates constitutes a
4 rebuttable presumption that no such passengers were involved
5 in the reported crash. Notwithstanding any other provisions of
6 this section, a crash report produced electronically by a law
7 enforcement officer must, at a minimum, contain the same
8 information as is called for on those forms approved by the
9 Department of Public Safety.
10 Section 13. Subsection (1) and paragraph (a) of
11 subsection (3) of section 316.1905, Florida Statutes, are
12 amended to read:
13 316.1905 Electrical, mechanical, or other speed
14 calculating devices; power of arrest; evidence.--
15 (1) Whenever any peace officer engaged in the
16 enforcement of the motor vehicle laws of this state uses an
17 electronic, electrical, mechanical, or other device used to
18 determine the speed of a motor vehicle on any highway, road,
19 street, or other public way, such device shall be of a type
20 approved by the Department of Public Safety and shall have
21 been tested to determine that it is operating accurately.
22 Tests for this purpose shall be made not less than once each 6
23 months, according to procedures and at regular intervals of
24 time prescribed by the Department of Public Safety.
25 (3)(a) A witness otherwise qualified to testify shall
26 be competent to give testimony against an accused violator of
27 the motor vehicle laws of this state when such testimony is
28 derived from the use of such an electronic, electrical,
29 mechanical, or other device used in the calculation of speed,
30 upon showing that the speed calculating device which was used
31 had been tested. However, the operator of any visual average
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1 speed computer device shall first be certified as a competent
2 operator of such device by the Department of Public Safety.
3 Section 14. Paragraph (f) of subsection (2) of section
4 316.1906, Florida Statutes, is amended to read:
5 316.1906 Radar speed-measuring devices; evidence,
6 admissibility.--
7 (2) Evidence of the speed of a vehicle measured by any
8 radar speed-measuring device shall be inadmissible in any
9 proceeding with respect to an alleged violation of provisions
10 of law regulating the lawful speed of vehicles, unless such
11 evidence of speed is obtained by an officer who:
12 (f) Is using a radar unit that which meets the minimum
13 design criteria for such units established by the Department
14 of Public Highway Safety and Motor Vehicles.
15 Section 15. Section 316.611, Florida Statutes, is
16 amended to read:
17 316.611 Tandem trailer equipment and use.--The
18 Department of Transportation shall adopt rules to regulate
19 tandem trailer truck equipment and use in the interest of
20 safety, public convenience, and preservation of public road
21 facilities. The rules shall apply according to their terms to
22 all jurisdictions of the state except the Florida Turnpike.
23 Such rules shall be enforced by the Department of
24 Transportation, the Department of Public Highway Safety and
25 Motor Vehicles, and local authorities.
26 Section 16. Subsection (9) of section 316.614, Florida
27 Statutes, is amended to read:
28 316.614 Safety belt usage.--
29 (9) By January 1, 2006, each law enforcement agency in
30 this state shall adopt departmental policies to prohibit the
31 practice of racial profiling. When a law enforcement officer
13
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1 issues a citation for a violation of this section, the law
2 enforcement officer must record the race and ethnicity of the
3 violator. All law enforcement agencies must maintain such
4 information and forward the information to the Department of
5 Public Safety in a form and manner determined by that the
6 department. The Department of Public Safety shall collect this
7 information by jurisdiction and annually report the data to
8 the Governor, the President of the Senate, and the Speaker of
9 the House of Representatives. The report must show separate
10 statewide totals for the state's county sheriffs and municipal
11 law enforcement agencies, state law enforcement agencies, and
12 state university law enforcement agencies.
13 Section 17. Paragraph (a) of subsection (1) of section
14 316.640, Florida Statutes, is amended to read:
15 316.640 Enforcement.--The enforcement of the traffic
16 laws of this state is vested as follows:
17 (1) STATE.--
18 (a)1.a. The Division of the Florida Highway Patrol and
19 the Division of the Florida Marine Patrol of the Department of
20 Public Highway Safety and Motor Vehicles; the Division of Law
21 Enforcement of the Fish and Wildlife Conservation Commission;
22 the Division of Law Enforcement of the Department of
23 Environmental Protection; law enforcement officers of the
24 Department of Transportation; and the agents, inspectors, and
25 officers of the Department of Law Enforcement each have
26 authority to enforce all of the traffic laws of this state on
27 all the streets and highways thereof and elsewhere throughout
28 the state wherever the public has a right to travel by motor
29 vehicle.
30 b. University police officers shall have authority to
31 enforce all of the traffic laws of this state when such
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1 violations occur on or about any property or facilities that
2 are under the guidance, supervision, regulation, or control of
3 a state university, a direct-support organization of such
4 state university, or any other organization controlled by the
5 state university or a direct-support organization of the state
6 university, except that traffic laws may be enforced
7 off-campus when hot pursuit originates on or adjacent to any
8 such property or facilities.
9 c. Community college police officers shall have the
10 authority to enforce all the traffic laws of this state only
11 when such violations occur on any property or facilities that
12 are under the guidance, supervision, regulation, or control of
13 the community college system.
14 d. Police officers employed by an airport authority
15 shall have the authority to enforce all of the traffic laws of
16 this state only when such violations occur on any property or
17 facilities that are owned or operated by an airport authority.
18 (I) An airport authority may employ as a parking
19 enforcement specialist any individual who successfully
20 completes a training program established and approved by the
21 Criminal Justice Standards and Training Commission for parking
22 enforcement specialists but who does not otherwise meet the
23 uniform minimum standards established by the commission for
24 law enforcement officers or auxiliary or part-time officers
25 under s. 943.12. Nothing in this sub-sub-subparagraph shall be
26 construed to permit the carrying of firearms or other weapons,
27 nor shall such parking enforcement specialist have arrest
28 authority.
29 (II) A parking enforcement specialist employed by an
30 airport authority is authorized to enforce all state, county,
31 and municipal laws and ordinances governing parking only when
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1 such violations are on property or facilities owned or
2 operated by the airport authority employing the specialist, by
3 appropriate state, county, or municipal traffic citation.
4 e. The Office of Agricultural Law Enforcement of the
5 Department of Agriculture and Consumer Services shall have the
6 authority to enforce traffic laws of this state.
7 f. School safety officers shall have the authority to
8 enforce all of the traffic laws of this state when such
9 violations occur on or about any property or facilities which
10 are under the guidance, supervision, regulation, or control of
11 the district school board.
12 2. An agency of the state as described in subparagraph
13 1. is prohibited from establishing a traffic citation quota. A
14 violation of this subparagraph is not subject to the penalties
15 provided in chapter 318.
16 3. Any disciplinary action taken or performance
17 evaluation conducted by an agency of the state as described in
18 subparagraph 1. of a law enforcement officer's traffic
19 enforcement activity must be in accordance with written
20 work-performance standards. Such standards must be approved by
21 the agency and any collective bargaining unit representing
22 such law enforcement officer. A violation of this subparagraph
23 is not subject to the penalties provided in chapter 318.
24 4. The Division of the Florida Highway Patrol may
25 employ as a traffic accident investigation officer any
26 individual who successfully completes instruction in traffic
27 accident investigation and court presentation through the
28 Selective Traffic Enforcement Program as approved by the
29 Criminal Justice Standards and Training Commission and funded
30 through the National Highway Traffic Safety Administration or
31 a similar program approved by the commission, but who does not
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1 necessarily meet the uniform minimum standards established by
2 the commission for law enforcement officers or auxiliary law
3 enforcement officers under chapter 943. Any such traffic
4 accident investigation officer who makes an investigation at
5 the scene of a traffic accident may issue traffic citations,
6 based upon personal investigation, when he or she has
7 reasonable and probable grounds to believe that a person who
8 was involved in the accident committed an offense under this
9 chapter, chapter 319, chapter 320, or chapter 322 in
10 connection with the accident. This subparagraph does not
11 permit the officer to carry firearms or other weapons, and
12 such an officer does not have authority to make arrests.
13 Section 18. Section 321.011, Florida Statutes, is
14 created to read:
15 321.011 Definitions.--As used in this chapter, the
16 term:
17 (1) "Department" means the Department of Public Safety
18 created in s. 20.60.
19 (2) "Director" means the executive director of the
20 Department of Public Safety.
21 (3) "Division" means the Division of the Highway
22 Patrol of the department.
23 Section 19. Section 321.02, Florida Statutes, is
24 amended to read:
25 321.02 Powers and duties of department, highway
26 patrol.--
27 (1) The director of the Division of Highway Patrol of
28 the Department of Highway Safety and Motor Vehicles shall also
29 be the commander of the Florida Highway Patrol. The said
30 department shall adopt set up and promulgate rules and
31 regulations by which the personnel of the Florida Highway
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1 Patrol officers shall be examined, employed, trained, located,
2 suspended, reduced in rank, discharged, recruited, paid and
3 pensioned, subject to civil service provisions hereafter set
4 out.
5 (2) The department may enter into contracts or
6 agreements, with or without competitive bidding or
7 procurement, to make available, on a fair, reasonable,
8 nonexclusive, and nondiscriminatory basis, property and other
9 structures under division control for the placement of new
10 facilities by any wireless provider of mobile service as
11 defined in 47 U.S.C. s. 153(n) or s. 332(d), and any
12 telecommunications company as defined in s. 364.02 when it is
13 determined to be practical and feasible to make such property
14 or other structures available. The department may, without
15 adopting a rule, charge a just, reasonable, and
16 nondiscriminatory fee for placement of the facilities, payable
17 annually, based on the fair market value of space used by
18 comparable communications facilities in the state. The
19 department and a wireless provider or telecommunications
20 company may negotiate the reduction or elimination of a fee in
21 consideration of services provided to the division by the
22 wireless provider or the telecommunications company. All such
23 fees collected by the department shall be deposited directly
24 into the State Agency Law Enforcement Radio System Trust Fund,
25 and may be used to construct, maintain, or support the system.
26 (3) The department is further specifically authorized
27 to purchase, sell, trade, rent, lease and maintain all
28 necessary equipment, uniforms, motor vehicles, communication
29 systems, housing facilities, and office space, and perform any
30 other acts necessary for the proper administration and
31 enforcement of this chapter. However, all supplies and
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1 equipment consisting of single items or in lots shall be
2 purchased under the requirements of s. 287.057. Purchases
3 shall be made by accepting the bid of the lowest responsive
4 bidder, the right being reserved to reject all bids.
5 (4) The department shall prescribe a distinctive
6 uniform and distinctive emblem to be worn by all officers of
7 the Florida Highway Patrol. It shall be unlawful for any other
8 person or persons to wear a similar uniform or emblem, or any
9 part or parts thereof. The department shall also prescribe
10 distinctive colors for use on motor vehicles and motorcycles
11 operated by the Florida Highway Patrol. The prescribed colors
12 shall be referred to as "Florida Highway Patrol black and
13 tan."
14 Section 20. Section 321.03, Florida Statutes, is
15 amended to read:
16 321.03 Imitations prohibited; staffing penalty.--
17 (1) It shall be unlawful for any person or persons in
18 the state to color or cause to be colored any motor vehicle or
19 motorcycle the same or similar color as the color or colors so
20 prescribed for the Florida Highway Patrol. Any person
21 violating any of the provisions of this section or s. 321.02
22 with respect to uniforms, emblems, motor vehicles and
23 motorcycles commits shall be guilty of a misdemeanor of the
24 first degree, punishable as provided in s. 775.082 or s.
25 775.083.
26 (2) The department of Highway Safety and Motor
27 Vehicles shall employ such clerical staff help and mechanics
28 as may be necessary for its the economical and efficient
29 operation of such department.
30 Section 21. Section 321.04, Florida Statutes, is
31 amended to read:
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1 321.04 Personnel of the highway patrol; rank
2 classifications; probationary status of new patrol officers;
3 subsistence; special assignments.--
4 (1) The department of Highway Safety and Motor
5 Vehicles shall employ patrol officers, as authorized by the
6 Legislature in appropriating funds for their salaries,
7 exclusive of those members of the patrol who are assigned to
8 and paid by special departments,; and shall establish the
9 necessary supervisory ranks within the Florida Highway Patrol
10 to efficiently supervise and carry out its the designated
11 functions of the patrol and those of the department in
12 accordance with the regulations established by the Department
13 of Management Services. Management positions shall not exceed
14 6 percent of the total workforce.
15 (2) Each person who is employed as a patrol officer
16 shall be carried on a probationary status for the period of 1
17 year from date of employment, during which period he or she
18 may be dismissed without recourse. Patrol officers when sent
19 on special detail or missions out of their regular assigned
20 territories or headquarters shall be reimbursed for travel
21 expenses as provided in s. 112.061.
22 (3) The Governor shall select department of Highway
23 Safety and Motor Vehicles shall assign one patrol officer to
24 be assigned by the department to the office of the Governor.;
25 said patrol The officer so assigned shall be selected by the
26 Governor and shall have rank and pay not less than that of a
27 lieutenant within the department, of the Florida Highway
28 Patrol, and said patrol officer so assigned shall be paid by
29 the said department from its the appropriation, and made to
30 said department; said patrol officer shall have and receive
31 all other benefits provided for officers of that rank in this
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1 chapter or any other statute now in existence or hereinafter
2 enacted.
3 Section 22. Section 321.05, Florida Statutes, is
4 amended to read:
5 321.05 Duties, functions, and powers of patrol
6 officers.--The members of the Florida Highway Patrol are
7 hereby declared to be conservators of the peace and law
8 enforcement officers of the state, with the common-law right
9 to arrest a person who, in the presence of the arresting
10 officer, commits a felony or commits an affray or breach of
11 the peace constituting a misdemeanor, with full power to bear
12 arms; and they shall apprehend, without warrant, any person in
13 the unlawful commission of any of the acts over which the
14 members of the Florida Highway Patrol are given jurisdiction
15 as hereinafter set out and deliver him or her to the sheriff
16 of the county that further proceedings may be had against him
17 or her according to law. In the performance of any of the
18 powers, duties, and functions authorized by law, members of
19 the Florida Highway Patrol shall have the same protections and
20 immunities afforded other peace officers, which shall be
21 recognized by all courts having jurisdiction over offenses
22 against the laws of this state, and shall have authority to
23 apply for, serve, and execute search warrants, arrest
24 warrants, capias, and other process of the court in those
25 matters in which patrol officers have primary responsibility
26 as set forth in subsection (1). The patrol officers under the
27 direction and supervision of the department of Highway Safety
28 and Motor Vehicles shall perform and exercise throughout the
29 state the following duties, functions, and powers:
30 (1) To patrol the state highways and regulate,
31 control, and direct the movement of traffic thereon; to
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1 maintain the public peace by preventing violence on highways;
2 to apprehend fugitives from justice; to enforce all laws now
3 in effect regulating and governing traffic, travel, and public
4 safety upon the public highways and providing for the
5 protection of the public highways and public property thereon;
6 to make arrests without warrant for the violation of any state
7 law committed in their presence in accordance with the laws of
8 this state; providing that no search shall be made unless it
9 is incident to a lawful arrest, to regulate and direct traffic
10 concentrations and congestions; to enforce laws governing the
11 operation, licensing, and taxing and limiting the size,
12 weight, width, length, and speed of vehicles and licensing and
13 controlling the operations of drivers and operators of
14 vehicles; to cooperate with officials designated by law to
15 collect all state fees and revenues levied as an incident to
16 the use or right to use the highways for any purpose; to
17 require the drivers of vehicles to stop and exhibit their
18 driver's licenses, registration cards, or documents required
19 by law to be carried by such vehicles; to investigate traffic
20 accidents, secure testimony of witnesses and of persons
21 involved, and make report thereof with copy, when requested in
22 writing, to any person in interest or his or her attorney; to
23 investigate reported thefts of vehicles and to seize
24 contraband or stolen property on or being transported on the
25 highways.
26 (2) To assist other constituted law enforcement
27 officers of the state to quell mobs and riots, guard
28 prisoners, and police disaster areas.
29 (3)(a) To make arrests while in fresh pursuit of a
30 person believed to have violated the traffic and other laws.
31
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1 (b) To make arrest of a person wanted for a felony or
2 against whom a warrant has been issued on any charge in
3 violation of federal, state, or county laws or municipal
4 ordinances.
5 (4)(a) All fines and costs and the proceeds of the
6 forfeiture of bail bonds and recognizances resulting from the
7 enforcement of this chapter by patrol officers shall be paid
8 into the fine and forfeiture fund established pursuant to s.
9 142.01 of the county where the offense is committed. In all
10 cases of arrest by patrol officers, the person arrested shall
11 be delivered forthwith by said officer to the sheriff of the
12 county, or he or she shall obtain from such person arrested a
13 recognizance or, if deemed necessary, a cash bond or other
14 sufficient security conditioned for his or her appearance
15 before the proper tribunal of such county to answer the charge
16 for which he or she has been arrested; and all fees accruing
17 shall be taxed against the party arrested, which fees are
18 hereby declared to be part of the compensation of said
19 sheriffs authorized to be fixed by the Legislature under s.
20 5(c), Art. II of the State Constitution, to be paid such
21 sheriffs in the same manner as fees are paid for like services
22 in other criminal cases. All patrol officers are hereby
23 directed to deliver all bonds accepted and approved by them to
24 the sheriff of the county in which the offense is alleged to
25 have been committed. However, no sheriff shall be paid any
26 arrest fee for the arrest of a person for violation of any
27 section of chapter 316 when the arresting officer was
28 transported in a Florida Highway Patrol car to the vicinity
29 where the arrest was made; and no sheriff shall be paid any
30 fee for mileage for himself or herself or a prisoner for miles
31 traveled in a Florida Highway Patrol car. No patrol officer
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1 shall be entitled to any fee or mileage cost except when
2 responding to a subpoena in a civil cause or except when such
3 patrol officer is appearing as an official witness to testify
4 at any hearing or law action in any court of this state as a
5 direct result of his or her employment as a patrol officer
6 during time not compensated as a part of his or her normal
7 duties. Nothing herein shall be construed as limiting the
8 power to locate and to take from any person under arrest or
9 about to be arrested deadly weapons. Nothing contained in this
10 section shall be construed as a limitation upon existing
11 powers and duties of sheriffs or police officers.
12 (b) Any person so arrested and released on his or her
13 own recognizance by an officer and who fails shall fail to
14 appear or respond to a notice to appear shall, in addition to
15 the traffic violation charge, commits be guilty of a
16 noncriminal traffic infraction subject to the penalty provided
17 in s. 318.18(2).
18 (5) The department may employ or assign some fit and
19 suitable person with experience in the field of public
20 relations who shall have the duty to promote, coordinate, and
21 publicize the traffic safety activities in the state and
22 assign such person to the office of the Governor at a salary
23 to be fixed by the department. The person so assigned or
24 employed shall be a uniformed member of the uniform division
25 of the Florida Highway Patrol, and he or she shall have the
26 pay and rank of lieutenant while on such assignment.
27 (6) The department may adopt division of Florida
28 Highway Patrol is authorized to promulgate rules under ss.
29 120.536(1) and 120.54 and regulations which may be necessary
30 to implement the provisions of chapter 316.
31
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1 Section 23. Subsection (2) of section 321.051, Florida
2 Statutes, is amended to read:
3 321.051 Florida Highway Patrol wrecker operator
4 system; penalties for operation outside of system.--
5 (2) The division of Florida Highway Patrol of the
6 Department of Highway Safety and Motor Vehicles is authorized
7 to establish within areas designated by the patrol a wrecker
8 operator system using qualified, reputable wrecker operators
9 for removal and storage of wrecked or disabled vehicles from a
10 crash scene or for removal and storage of abandoned vehicles,
11 in the event the owner or operator is incapacitated or
12 unavailable or leaves the procurement of wrecker service to
13 the officer at the scene. All reputable wrecker operators
14 shall be eligible for use in the system provided their
15 equipment and drivers meet recognized safety qualifications
16 and mechanical standards set by rules of the division of
17 Florida Highway Patrol for the size of vehicle it is designed
18 to handle. The division is authorized to limit the number of
19 wrecker operators participating in the wrecker operator
20 system, which authority shall not affect wrecker operators
21 currently participating in the system established by this
22 section. The division is authorized to establish maximum rates
23 for the towing and storage of vehicles removed at the
24 division's request, where such rates have not been set by a
25 county or municipality pursuant to s. 125.0103 or s. 166.043.
26 Such rates shall not be considered rules for the purpose of
27 chapter 120; however, the department shall establish by rule a
28 procedure for setting such rates. Any provision in chapter 120
29 to the contrary notwithstanding, a final order of the
30 department denying, suspending, or revoking a wrecker
31 operator's participation in the system shall be reviewable in
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1 the manner and within the time provided by the Florida Rules
2 of Appellate Procedure only by a writ of certiorari issued by
3 the circuit court in the county wherein such wrecker operator
4 resides.
5 Section 24. Section 321.065, Florida Statutes, is
6 amended to read:
7 321.065 Traffic accident investigation officers;
8 employment; standards.--The department may employ traffic
9 accident investigation officers who must complete any
10 applicable standards adopted by the division Florida Highway
11 Patrol, including, but not limited to: cognitive testing, drug
12 testing, polygraph testing, psychological testing, and an
13 extensive background check, including a credit check.
14 Section 25. Subsection (1) of section 321.23, Florida
15 Statutes, is amended to read:
16 321.23 Public records; fees for copies; destruction of
17 obsolete records; photographing records; effect as evidence.--
18 (1) The purpose of this section is to make available
19 for the department's use of the Department of Highway Safety
20 and Motor Vehicles sufficient floor space to enable it to
21 efficiently administer its the affairs of the department and
22 to provide fees for copies of public records.
23 Section 26. Section 321.25, Florida Statutes, is
24 amended to read:
25 321.25 Training provided at patrol schools.--The
26 department of Highway Safety and Motor Vehicles is authorized
27 to provide for the training of law enforcement officials and
28 individuals in matters relating to the duties, functions, and
29 powers of the Florida Highway Patrol and the Florida Marine
30 Patrol in the schools established by the department for the
31 training of highway patrol and marine patrol candidates and
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1 officers. The department of Highway Safety and Motor Vehicles
2 is authorized to charge a fee for providing the training
3 authorized by this section. The fee shall be charged to
4 persons attending the training. The fee shall be based on the
5 department's Department of Highway Safety and Motor Vehicles'
6 costs for providing the training, and such costs may include,
7 but are not limited to, tuition, lodging, and meals. Revenues
8 from the fees shall be used to offset the department's
9 Department of Highway Safety and Motor Vehicles' costs for
10 providing the training. The cost of training local enforcement
11 officers shall be paid for by their respective offices,
12 counties, or municipalities, as the case may be. Such cost
13 shall be deemed a proper county or municipal expense or a
14 proper expenditure of the office of sheriff.
15 Section 27. The Division of Statutory Revision is
16 requested to designate ss. 327.01-327.804, Florida Statutes,
17 as part I of chapter 327, Florida Statutes, entitled "Vessel
18 Safety," and ss. 327.901-327.9065, Florida Statutes, as
19 created by this act, as part II of that chapter, entitled
20 "Florida Marine Patrol." The title of chapter 327, Florida
21 Statutes, shall remain "Vessel Safety."
22 Section 28. Section 327.901, Florida Statutes, is
23 created to read:
24 327.901 Definitions.--As used in this part, the term:
25 (1) "Department" means the Department of Public Safety
26 created in s. 20.60.
27 (2) "Director" means the executive director of the
28 Department of Public Safety.
29 (3) "Patrol" means the Florida Marine Patrol.
30 Section 29. Section 327.902, Florida Statutes, is
31 created to read:
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1 327.902 Powers and duties of department.--
2 (1) The department shall adopt rules by which the
3 officers of the patrol shall be examined, employed, trained,
4 located, suspended, reduced in rank, discharged, recruited,
5 paid, and pensioned, subject to civil service provisions
6 hereinafter set out.
7 (2) The department shall have the same powers and
8 duties regarding supplies and equipment for the patrol as are
9 provided for the Florida Highway Patrol in s. 321.02(3).
10 (3) The department shall prescribe a distinctive
11 uniform and distinctive emblem to be worn by all patrol
12 officers. It shall be unlawful for any other person or persons
13 to wear a similar uniform or emblem or any part or parts
14 thereof. The department shall also prescribe distinctive
15 colors for use on motor vehicles and vessels operated by the
16 patrol. The prescribed colors for the patrol shall be referred
17 to as "Florida Marine Patrol black and gray."
18 (4) The department may adopt rules under ss.
19 120.536(1) and 120.54 to implement the provisions of this part
20 conferring powers and duties upon it.
21 Section 30. Section 327.903, Florida Statutes, is
22 created to read:
23 327.903 Imitations prohibited; penalty.--It shall be
24 unlawful for any person or persons in the state to color or
25 cause to be colored any motor vehicle, vessel, or motorcycle
26 the same or similar color as the color or colors so prescribed
27 for the patrol. Any person violating any of the provisions of
28 this section or s. 327.902 with respect to uniforms, emblems,
29 motor vehicles, vessels, and motorcycles commits a misdemeanor
30 of the first degree, punishable as provided in s. 775.082 or
31 s. 775.083.
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1 Section 31. Section 327.904, Florida Statutes, is
2 created to read:
3 327.904 Personnel.--
4 (1) The department shall employ patrol officers as
5 authorized by legislative appropriation, exclusive of those
6 who are assigned to and paid by special departments, and shall
7 establish the necessary supervisory ranks within the patrol to
8 efficiently supervise and carry out its functions and those of
9 the department in accordance with the personnel regulations of
10 the Department of Management Services. Management positions
11 shall not exceed 6 percent of the total workforce.
12 (2) Each person who is employed as a patrol officer
13 shall be carried on a probationary status for 1 year from the
14 date of employment, during which period he or she may be
15 dismissed without recourse. Patrol officers sent on special
16 detail or missions out of their regular assigned territories
17 or headquarters shall be reimbursed for travel expenses as
18 provided in s. 112.061.
19 Section 32. Section 327.905, Florida Statutes, is
20 created to read:
21 327.905 Duties and powers of officers; rulemaking.--
22 (1) The patrol officers are declared to be
23 conservators of the peace and law enforcement officers of the
24 state, with the common-law right to arrest a person who, in
25 the presence of the arresting officer, commits a felony or
26 commits an affray or breach of the peace constituting a
27 misdemeanor, with full power to bear arms; and they shall
28 apprehend, without warrant, any person in the unlawful
29 commission of any of the acts over which the officers of the
30 patrol are given jurisdiction as hereinafter set out and
31 deliver him or her to the sheriff of the county wherein such
29
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1 unlawful act occurred in order that further proceedings may be
2 had against him or her according to law. In the performance of
3 any of the powers, duties, and functions authorized by law,
4 patrol officers shall have the same protections and immunities
5 afforded other peace officers, which shall be recognized by
6 all courts having jurisdiction over offenses against the laws
7 of this state, and shall have authority to apply for, serve,
8 and execute search warrants, arrest warrants, capias, and
9 other process of the court in those matters in which patrol
10 officers have primary responsibility as set forth in paragraph
11 (2)(a).
12 (2)(a) Patrol officers shall perform and exercise
13 throughout the state the duties, functions, and powers
14 provided in s. 20.60(3)(b) as required by the director.
15 (b) In addition, patrol officers shall have all duties
16 and powers as provided for the officers of the Florida Highway
17 Patrol in s. 321.05(2) and (3).
18 Section 33. Section 327.9065, Florida Statutes, is
19 created to read:
20 327.9065 Boating accident investigation officers.--The
21 department may employ boating accident investigation officers
22 who must complete any applicable standards adopted by the
23 patrol, including, but not limited to, cognitive testing, drug
24 testing, polygraph testing, psychological testing, and an
25 extensive background check, including a credit check.
26 Section 34. Subsection (3) of section 337.406, Florida
27 Statutes, is amended to read:
28 337.406 Unlawful use of state transportation facility
29 right-of-way; penalties.--
30
31
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1 (3) The Department of Public Highway Safety and Motor
2 Vehicles and other law enforcement agencies are authorized and
3 directed to enforce this statute.
4 Section 35. Subsection (2) of section 338.239, Florida
5 Statutes, is amended to read:
6 338.239 Traffic control on the turnpike system.--
7 (2) Members of the Florida Highway Patrol are vested
8 with the power, and charged with the duty, to enforce the
9 rules of the department. Approved expenditures incurred by the
10 Florida Highway Patrol in carrying out its powers and duties
11 under ss. 338.22-338.241 may be treated as a part of the cost
12 of the operation of the turnpike system, and the Department of
13 Public Highway Safety and Motor Vehicles shall be reimbursed
14 by the turnpike enterprise for such expenses incurred on the
15 turnpike system. Florida Highway Patrol Troop K shall be
16 headquartered with the turnpike enterprise and shall be the
17 official and preferred law enforcement troop for the turnpike
18 system. The Department of Public Highway Safety and Motor
19 Vehicles may, upon request of the executive director of the
20 turnpike enterprise and approval of the Legislature, increase
21 the number of authorized positions for Troop K, or the
22 executive director of the turnpike enterprise may contract
23 with the Department of Public Highway Safety and Motor
24 Vehicles for additional troops to patrol the turnpike system.
25 Section 36. Subsection (1) of section 339.281, Florida
26 Statutes, is amended to read:
27 339.281 Damage to transportation facility by vessel;
28 marine accident report; investigative authorities;
29 penalties.--
30 (1) Whenever any vessel has caused damage to a
31 transportation facility, the managing owner, agent, or master
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1 of such vessel shall immediately, or as soon thereafter as
2 possible, report the same to the nearest Fish and Wildlife
3 Conservation Commission officer, an officer of the Florida
4 Marine Patrol, the sheriff of the county wherein such accident
5 occurred, or the Florida Highway Patrol, who shall immediately
6 go to the scene of the accident and, if necessary, board the
7 vessel subsequent to the accident in pursuance of its
8 investigation. The law enforcement agency investigating the
9 accident shall submit a copy of its report to the department.
10 Section 37. Subsection (4) of section 370.0603,
11 Florida Statutes, is amended to read:
12 370.0603 Marine Resources Conservation Trust Fund;
13 purposes.--
14 (4) Funds transferred to the Marine Resources
15 Conservation Trust Fund from the Fuel Tax Collection Trust
16 Fund pursuant to s. 206.606 shall be used for the following
17 purposes:
18 (a) To provide additional water-related law
19 enforcement positions within the Fish and Wildlife
20 Conservation Commission primarily for the purpose of enforcing
21 laws designed to protect manatee populations. Law enforcement
22 positions funded under this provision shall be assigned to
23 counties having the highest incidence of manatee deaths and
24 injuries.
25 (b) For the placement of uniform waterway markers on
26 state waters.
27 (c) To provide funding for construction and
28 maintenance of publicly owned boat ramps, piers, and docks,
29 directly and through grants to counties and municipalities.
30 (d) To implement and administer programs related to
31 boating safety and education, manatee technical avoidance
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1 technology, and economic development initiatives to promote
2 boating in the state, including competitive grants programs as
3 provided in s. 327.47.
4 (e) For other activities of the Florida Marine Patrol
5 Boating and Waterways Section such as coordinating the
6 submission of state comments on boating-related events.
7
8 Funds not used in one fiscal year must be carried over for use
9 in subsequent years.
10 Section 38. Paragraph (b) of subsection (2) of section
11 401.245, Florida Statutes, is amended to read:
12 401.245 Emergency Medical Services Advisory Council.--
13 (2)
14 (b) Representation on the Emergency Medical Services
15 Advisory Council shall include: two licensed physicians who
16 are "medical directors" as defined in s. 401.23(15) or whose
17 medical practice is closely related to emergency medical
18 services; two emergency medical service administrators, one of
19 whom is employed by a fire service; two certified paramedics,
20 one of whom is employed by a fire service; two certified
21 emergency medical technicians, one of whom is employed by a
22 fire service; one emergency medical services educator; one
23 emergency nurse; one hospital administrator; one
24 representative of air ambulance services; one representative
25 of a commercial ambulance operator; and two laypersons who are
26 in no way connected with emergency medical services, one of
27 whom is a representative of the elderly. Ex officio members of
28 the advisory council from state agencies shall include, but
29 shall not be limited to, representatives from the Department
30 of Education, the Department of Management Services, the State
31 Fire Marshal, the Department of Public Highway Safety and
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1 Motor Vehicles, the Department of Transportation, and the
2 Department of Community Affairs.
3 Section 39. Paragraph (c) of subsection (2) of section
4 403.413, Florida Statutes, is amended to read:
5 403.413 Florida Litter Law.--
6 (2) DEFINITIONS.--As used in this section:
7 (c) "Law enforcement officer" means any officer of the
8 Florida Highway Patrol, the Florida Marine Patrol, a county
9 sheriff's department, a municipal law enforcement department,
10 a law enforcement department of any other political
11 subdivision, the department, or the Fish and Wildlife
12 Conservation Commission. In addition, and solely for the
13 purposes of this section, "law enforcement officer" means any
14 employee of a county or municipal park or recreation
15 department designated by the department head as a litter
16 enforcement officer.
17 Section 40. Paragraph (d) of subsection (3) of section
18 790.25, Florida Statutes, is amended to read:
19 790.25 Lawful ownership, possession, and use of
20 firearms and other weapons.--
21 (3) LAWFUL USES.--The provisions of ss. 790.053 and
22 790.06 do not apply in the following instances, and, despite
23 such sections, it is lawful for the following persons to own,
24 possess, and lawfully use firearms and other weapons,
25 ammunition, and supplies for lawful purposes:
26 (d) Sheriffs, marshals, prison or jail wardens, police
27 officers, Florida Highway Patrol officers, Florida Marine
28 Patrol officers, game wardens, revenue officers, forest
29 officials, special officers appointed under the provisions of
30 chapter 354, and other peace and law enforcement officers and
31 their deputies and assistants and full-time paid peace
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1 officers of other states and of the Federal Government who are
2 carrying out official duties while in this state;
3 Section 41. Section 843.08, Florida Statutes, is
4 amended to read:
5 843.08 Falsely personating officer, etc.--A person who
6 falsely assumes or pretends to be a sheriff, officer of the
7 Florida Highway Patrol, officer of the Florida Marine Patrol,
8 officer of the Fish and Wildlife Conservation Commission,
9 officer of the Department of Environmental Protection, officer
10 of the Department of Transportation, officer of the Department
11 of Financial Services, officer of the Department of
12 Corrections, correctional probation officer, deputy sheriff,
13 state attorney or assistant state attorney, statewide
14 prosecutor or assistant statewide prosecutor, state attorney
15 investigator, coroner, police officer, lottery special agent
16 or lottery investigator, beverage enforcement agent, or
17 watchman, or any member of the Parole Commission and any
18 administrative aide or supervisor employed by the commission,
19 or any personnel or representative of the Department of Law
20 Enforcement, and takes upon himself or herself to act as such,
21 or to require any other person to aid or assist him or her in
22 a matter pertaining to the duty of any such officer, commits a
23 felony of the third degree, punishable as provided in s.
24 775.082, s. 775.083, or s. 775.084; however, a person who
25 falsely personates any such officer during the course of the
26 commission of a felony commits a felony of the second degree,
27 punishable as provided in s. 775.082, s. 775.083, or s.
28 775.084; except that if the commission of the felony results
29 in the death or personal injury of another human being, the
30 person commits a felony of the first degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084.
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1 Section 42. Section 870.04, Florida Statutes, is
2 amended to read:
3 870.04 Specified officers to disperse riotous
4 assembly.--If any number of persons, whether armed or not, are
5 unlawfully, riotously or tumultuously assembled in any county,
6 city or municipality, the sheriff or the sheriff's deputies,
7 or the mayor, or any commissioner, council member, alderman or
8 police officer of the said city or municipality, or any
9 officer or member of the Florida Highway Patrol, any officer
10 of the Florida Marine Patrol, or any officer or agent of the
11 Fish and Wildlife Conservation Commission, Department of
12 Environmental Protection, or beverage enforcement agent, any
13 personnel or representatives of the Department of Law
14 Enforcement or its successor, or any other peace officer,
15 shall go among the persons so assembled, or as near to them as
16 may be with safety, and shall in the name of the state command
17 all the persons so assembled immediately and peaceably to
18 disperse; and if such persons do not thereupon immediately and
19 peaceably disperse, said officers shall command the assistance
20 of all such persons in seizing, arresting and securing such
21 persons in custody; and if any person present being so
22 commanded to aid and assist in seizing and securing such
23 rioter or persons so unlawfully assembled, or in suppressing
24 such riot or unlawful assembly, refuses or neglects to obey
25 such command, or, when required by such officers to depart
26 from the place, refuses and neglects to do so, the person
27 shall be deemed one of the rioters or persons unlawfully
28 assembled, and may be prosecuted and punished accordingly.
29 Section 43. This act shall take effect July 1, 2007.
30
31
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