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,

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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.

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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
    20-1683-07                                              See HB




 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

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

                                  17

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

                                  18

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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:

                                  19

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

                                  20

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

                                  21

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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  

                                  22

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

                                  23

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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  

                                  24

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

                                  26

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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:

                                  27

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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.

                                  28

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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  

                                  30

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

                                  31

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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

                                  34

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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.

                                  35

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    Florida Senate - 2007                                  SB 2016
    20-1683-07                                              See HB




 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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