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

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