CS/HB 295

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

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