| 1 | A bill to be entitled |
| 2 | An act relating to the legal jurisdiction of campus |
| 3 | police; amending s. 23.1225, F.S.; redefining the term |
| 4 | "mutual aid agreement" to authorize state university |
| 5 | police officers to enforce laws within a specified |
| 6 | jurisdictional area as agreed upon in a mutual aid |
| 7 | agreement; amending s. 316.640, F.S.; authorizing |
| 8 | university police officers to enforce traffic violations |
| 9 | committed within a specified distance from property under |
| 10 | the supervision or control of the university; amending s. |
| 11 | 1012.97, F.S.; authorizing university police officers to |
| 12 | arrest persons for violations that occur within a |
| 13 | specified distance from property owned or controlled by |
| 14 | the university or a direct-support organization of the |
| 15 | university; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Paragraph (a) of subsection (1) of section |
| 20 | 23.1225, Florida Statutes, is amended to read: |
| 21 | 23.1225 Mutual aid agreements.-- |
| 22 | (1) The term "mutual aid agreement," as used in this part, |
| 23 | refers to one of the following types of agreement: |
| 24 | (a) A voluntary cooperation written agreement between two |
| 25 | or more law enforcement agencies, which agreement permits |
| 26 | voluntary cooperation and assistance of a routine law |
| 27 | enforcement nature across jurisdictional lines. The agreement |
| 28 | must specify the nature of the law enforcement assistance to be |
| 29 | rendered, the agency or entity that shall bear any liability |
| 30 | arising from acts undertaken under the agreement, the procedures |
| 31 | for requesting and for authorizing assistance, the agency or |
| 32 | entity that has command and supervisory responsibility, a time |
| 33 | limit for the agreement, the amount of any compensation or |
| 34 | reimbursement to the assisting agency or entity, and any other |
| 35 | terms and conditions necessary to give it effect. Examples of |
| 36 | law enforcement activities that may be addressed in a voluntary |
| 37 | cooperation written agreement include, but are not limited to, |
| 38 | establishing a joint city-county task force on narcotics |
| 39 | smuggling, authorizing school safety officers to enforce laws in |
| 40 | an area within 1,000 feet of a school or school board property, |
| 41 | authorizing state university police officers to enforce laws |
| 42 | within a specified jurisdictional area as agreed upon in the |
| 43 | voluntary cooperation written agreement, or establishing a joint |
| 44 | city-county traffic enforcement task force. |
| 45 | Section 2. Paragraph (a) of subsection (1) of section |
| 46 | 316.640, Florida Statutes, is amended to read: |
| 47 | 316.640 Enforcement.--The enforcement of the traffic laws |
| 48 | of this state is vested as follows: |
| 49 | (1) STATE.-- |
| 50 | (a)1.a. The Division of Florida Highway Patrol of the |
| 51 | Department of Highway Safety and Motor Vehicles; the Division of |
| 52 | Law Enforcement of the Fish and Wildlife Conservation |
| 53 | Commission; the Division of Law Enforcement of the Department of |
| 54 | Environmental Protection; law enforcement officers of the |
| 55 | Department of Transportation; and the agents, inspectors, and |
| 56 | officers of the Department of Law Enforcement each have |
| 57 | authority to enforce all of the traffic laws of this state on |
| 58 | all the streets and highways thereof and elsewhere throughout |
| 59 | the state wherever the public has a right to travel by motor |
| 60 | vehicle. |
| 61 | b. University police officers shall have authority to |
| 62 | enforce all of the traffic laws of this state when such |
| 63 | violations occur on or within 1,000 feet of about any property |
| 64 | or facilities that are under the guidance, supervision, |
| 65 | regulation, or control of a state university, a direct-support |
| 66 | organization of such state university, or any other organization |
| 67 | controlled by the state university or a direct-support |
| 68 | organization of the state university, or when such violations |
| 69 | occur within a specified jurisdictional area as agreed upon in a |
| 70 | mutual aid agreement entered into with a law enforcement agency |
| 71 | pursuant to s. 23.1225(1). except that Traffic laws may also be |
| 72 | enforced off-campus when hot pursuit originates on or within |
| 73 | 1,000 feet of adjacent to any such property or facilities. |
| 74 | c. Community college police officers shall have the |
| 75 | authority to enforce all the traffic laws of this state only |
| 76 | when such violations occur on any property or facilities that |
| 77 | are under the guidance, supervision, regulation, or control of |
| 78 | the community college system. |
| 79 | d. Police officers employed by an airport authority shall |
| 80 | have the authority to enforce all of the traffic laws of this |
| 81 | state only when such violations occur on any property or |
| 82 | facilities that are owned or operated by an airport authority. |
| 83 | (I) An airport authority may employ as a parking |
| 84 | enforcement specialist any individual who successfully completes |
| 85 | a training program established and approved by the Criminal |
| 86 | Justice Standards and Training Commission for parking |
| 87 | enforcement specialists but who does not otherwise meet the |
| 88 | uniform minimum standards established by the commission for law |
| 89 | enforcement officers or auxiliary or part-time officers under s. |
| 90 | 943.12. Nothing in this sub-sub-subparagraph shall be construed |
| 91 | to permit the carrying of firearms or other weapons, nor shall |
| 92 | such parking enforcement specialist have arrest authority. |
| 93 | (II) A parking enforcement specialist employed by an |
| 94 | airport authority is authorized to enforce all state, county, |
| 95 | and municipal laws and ordinances governing parking only when |
| 96 | such violations are on property or facilities owned or operated |
| 97 | by the airport authority employing the specialist, by |
| 98 | appropriate state, county, or municipal traffic citation. |
| 99 | e. The Office of Agricultural Law Enforcement of the |
| 100 | Department of Agriculture and Consumer Services shall have the |
| 101 | authority to enforce traffic laws of this state. |
| 102 | f. School safety officers shall have the authority to |
| 103 | enforce all of the traffic laws of this state when such |
| 104 | violations occur on or about any property or facilities which |
| 105 | are under the guidance, supervision, regulation, or control of |
| 106 | the district school board. |
| 107 | 2. An agency of the state as described in subparagraph 1. |
| 108 | is prohibited from establishing a traffic citation quota. A |
| 109 | violation of this subparagraph is not subject to the penalties |
| 110 | provided in chapter 318. |
| 111 | 3. Any disciplinary action taken or performance evaluation |
| 112 | conducted by an agency of the state as described in subparagraph |
| 113 | 1. of a law enforcement officer's traffic enforcement activity |
| 114 | must be in accordance with written work-performance standards. |
| 115 | Such standards must be approved by the agency and any collective |
| 116 | bargaining unit representing such law enforcement officer. A |
| 117 | violation of this subparagraph is not subject to the penalties |
| 118 | provided in chapter 318. |
| 119 | 4. The Division of the Florida Highway Patrol may employ |
| 120 | as a traffic accident investigation officer any individual who |
| 121 | successfully completes instruction in traffic accident |
| 122 | investigation and court presentation through the Selective |
| 123 | Traffic Enforcement Program as approved by the Criminal Justice |
| 124 | Standards and Training Commission and funded through the |
| 125 | National Highway Traffic Safety Administration or a similar |
| 126 | program approved by the commission, but who does not necessarily |
| 127 | meet the uniform minimum standards established by the commission |
| 128 | for law enforcement officers or auxiliary law enforcement |
| 129 | officers under chapter 943. Any such traffic accident |
| 130 | investigation officer who makes an investigation at the scene of |
| 131 | a traffic accident may issue traffic citations, based upon |
| 132 | personal investigation, when he or she has reasonable and |
| 133 | probable grounds to believe that a person who was involved in |
| 134 | the accident committed an offense under this chapter, chapter |
| 135 | 319, chapter 320, or chapter 322 in connection with the |
| 136 | accident. This subparagraph does not permit the officer to carry |
| 137 | firearms or other weapons, and such an officer does not have |
| 138 | authority to make arrests. |
| 139 | Section 3. Subsection (2) of section 1012.97, Florida |
| 140 | Statutes, is amended to read: |
| 141 | 1012.97 University police.-- |
| 142 | (2) The university police are hereby declared to be law |
| 143 | enforcement officers of the state and conservators of the peace |
| 144 | and have with the right to arrest, in accordance with the laws |
| 145 | of this state, any person for violation of state law or |
| 146 | applicable county or city ordinances when such violations occur |
| 147 | on or within 1,000 feet of any property or facilities that are |
| 148 | under the guidance, supervision, regulation, or control of the |
| 149 | state university, or a direct-support organization of such |
| 150 | university, or any other organization controlled by the state |
| 151 | university, or when such violations occur within a specified |
| 152 | jurisdictional area as agreed upon in a mutual aid agreement |
| 153 | entered into with a law enforcement agency pursuant to s. |
| 154 | 23.1225(1), except that arrest may be made off campus when hot |
| 155 | pursuit originates on any such property or facilities. Such |
| 156 | officers shall have full authority to bear arms in the |
| 157 | performance of their duties and to execute search warrants |
| 158 | within their territorial jurisdiction. University police, when |
| 159 | requested by the sheriff or local police authority, may serve |
| 160 | subpoenas or other legal process and may make arrest of any |
| 161 | person against whom a warrant has been issued or any charge has |
| 162 | been made of violation of federal or state laws or county or |
| 163 | city ordinances. |
| 164 | Section 4. This act shall take effect July 1, 2009. |