Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1782
       
       
       
       
       
       
                                Barcode 229878                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/08/2012 10:22 AM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1) All powers, duties, functions, records,
    6  offices, personnel, property, pending issues and existing
    7  contracts, administrative authority, administrative rules, and
    8  unexpended balances of appropriations, allocations, and other
    9  funds relating to the Division of Law Enforcement within the
   10  Department of Environmental Protection, excluding the Bureau of
   11  Emergency Response, are transferred by a type two transfer, as
   12  defined in s. 20.06(2), Florida Statutes, to the Division of Law
   13  Enforcement within the Florida Fish and Wildlife Conservation
   14  Commission.
   15         (2) The Bureau of Emergency Response within the Department
   16  of Environmental Protection is reassigned to the Secretary of
   17  Environmental Protection as the Office of Emergency Response
   18  within the Department of Environmental Protection.
   19         (3) The Secretary of Environmental Protection shall
   20  transfer to the Fish and Wildlife Conservation Commission the
   21  number of administrative, auditing, inspector general, attorney,
   22  and operational support positions, including any related powers,
   23  duties, functions, property, and funding, proportionate to the
   24  number of Division of Law Enforcement full-time equivalent and
   25  other personal services positions being transferred from the
   26  department to the commission.
   27         (4) A memorandum of agreement shall be developed between
   28  the department and the commission detailing the responsibilities
   29  of the commission to the department, to include, at a minimum,
   30  the following:
   31         (a) Support and response for oil spills, hazardous spills,
   32  and natural disasters.
   33         (b) Law enforcement patrol and investigative services for
   34  all state-owned lands managed by the department.
   35         (c) Law enforcement services, including investigative
   36  services, for all criminal law violations of chapters 161, 258,
   37  373, 376, and 403, Florida Statutes.
   38         (d) Enforcement services for all civil violations of all
   39  department administrative rules related to the following program
   40  areas:
   41         1. Division of Recreation and Parks.
   42         2. Office of Coastal and Aquatic Managed Areas.
   43         3. Office of Greenways and Trails.
   44         (e) Current and future funding for positions and property
   45  being transferred from the department to the commission that is
   46  funded through any trust fund.
   47         Section 2. (1) All powers, duties, functions, records,
   48  property, pending issues and existing contracts, administrative
   49  authority, administrative rules, and unexpended balances of
   50  appropriations, allocations, and other funds relating to sworn
   51  positions funded by the Conservation and Recreation Lands
   52  Program and assigned to the Florida Forest Service within the
   53  Department of Agriculture and Consumer Services as of July 1,
   54  2011, and the investigator responsible for the enforcement of
   55  aquaculture violations at the Department of Agriculture and
   56  Consumer Services as of July 1, 2011, are transferred by a type
   57  two transfer, as defined in s. 20.06(2), Florida Statutes, to
   58  the Division of Law Enforcement within the Fish and Wildlife
   59  Conservation Commission.
   60         (2) A memorandum of agreement shall be developed between
   61  the department and the commission detailing the responsibilities
   62  between the commission and the department, to include, at a
   63  minimum, the following:
   64         (a) Law enforcement patrol and investigative services for
   65  all state-owned forests managed by the department.
   66         (b) Current and future funding for positions and property
   67  assigned to the Conservation and Recreation Lands Program that
   68  are transferred from the department to the commission.
   69         Section 3. (1) The Secretary of Environmental Protection
   70  and the Executive Director of the Fish and Wildlife Conservation
   71  Commission shall each appoint three staff members to a
   72  transition advisory working group to review and determine the
   73  following:
   74         (a) The appropriate proportionate number of administrative,
   75  auditing, inspector general, attorney, and operational support
   76  positions and their related funding levels and sources and
   77  assigned property to be transferred from the Office of General
   78  Counsel, Office of Inspector General, and Division of
   79  Administrative Services or other relevant offices or divisions
   80  within the Department of Environmental Protection to the Fish
   81  and Wildlife Conservation Commission.
   82         (b) The development of a recommended plan addressing the
   83  transfer or shared use of buildings, regional offices, and other
   84  facilities used or owned by the Department of Environmental
   85  Protection.
   86         (c) Any operating budget adjustments as necessary to
   87  implement the requirements of this act. Adjustments made to the
   88  operating budgets of the department and the commission in the
   89  implementation of this act must be made in consultation with the
   90  appropriate substantive and fiscal committees of the Senate and
   91  the House of Representatives. The revisions to the approved
   92  operating budgets for the 2012-2013 fiscal year which are
   93  necessary to reflect the organizational changes made by this act
   94  shall be implemented pursuant to s. 216.292(4)(d), Florida
   95  Statutes, and subject to s. 216.177, Florida Statutes.
   96  Subsequent adjustments between agencies that are determined
   97  necessary by the department or commission and approved by the
   98  Executive Office of the Governor are authorized and subject to
   99  s. 216.177, Florida Statutes. The appropriate substantive
  100  committees of the Senate and the House of Representatives shall
  101  also be notified of the proposed revisions to ensure consistency
  102  with legislative policy and intent.
  103         (2) The Secretary of Environmental Protection, the
  104  Commissioner of Agriculture, and the Executive Director of the
  105  Fish and Wildlife Conservation Commission shall each appoint two
  106  staff members to a transition advisory working group to identify
  107  rules of the Department of Environmental Protection, the Board
  108  of Trustees of the Internal Improvement Trust Fund, the
  109  Department of Agriculture and Consumer Services, and the Fish
  110  and Wildlife Conservation Commission that need to be amended to
  111  reflect the changes made by this act.
  112         Section 4. (1) The Fish and Wildlife Conservation
  113  Commission is assigned all powers, duties, responsibilities,
  114  functions, positions, and property necessary for enforcement of
  115  the laws and rules governing:
  116         (a) Management, protection, conservation, improvement, and
  117  expansion of the state-owned lands managed by the Department of
  118  Environmental Protection, including state parks, coastal and
  119  aquatic managed areas, and greenways and trails.
  120         (b) Conservation and recreation lands and commercial
  121  aquaculture managed by the Department of Agriculture and
  122  Consumer Services.
  123         (2) Law enforcement officers of the Fish and Wildlife
  124  Conservation Commission are conferred full power to investigate
  125  and arrest for any violation of the rules of the Department of
  126  Agriculture and Consumer Services, the Department of
  127  Environmental Protection, and the Board of Trustees of the
  128  Internal Improvement Trust Fund.
  129         Section 5. Notwithstanding chapter 60K-5, Florida
  130  Administrative Code, or any provision of law to the contrary,
  131  employees who are transferred from the Department of
  132  Environmental Protection and the Department of Agriculture and
  133  Consumer Services to fill positions transferred to the Fish and
  134  Wildlife Conservation Commission shall retain and transfer any
  135  accrued annual leave, sick leave, and regular and special
  136  compensatory leave balances.
  137         Section 6. Part IV of chapter 258, Florida Statutes,
  138  consisting of section 258.601, is created to read:
  139                               PART IV                             
  140                      MISCELLANEOUS PROVISIONS                     
  141         258.601 Enforcement of prohibited activities.-Prohibited
  142  activities under this chapter shall be enforced by the
  143  Department of Environmental Protection and the Division of Law
  144  Enforcement of the Fish and Wildlife Conservation Commission and
  145  its officers.
  146         Section 7. Subsections (5) through (8) of section 20.255,
  147  Florida Statutes, are renumbered as subsections (4) through (7),
  148  respectively, and present subsections (2), (3), and (4) of that
  149  section are amended to read:
  150         20.255 Department of Environmental Protection.—There is
  151  created a Department of Environmental Protection.
  152         (2)(a) There shall be three deputy secretaries who are to
  153  be appointed by and shall serve at the pleasure of the
  154  secretary. The secretary may assign any deputy secretary the
  155  responsibility to supervise, coordinate, and formulate policy
  156  for any division, office, or district. The following special
  157  offices are established and headed by managers, each of whom is
  158  to be appointed by and serve at the pleasure of the secretary:
  159         1. Office of Chief of Staff;
  160         2. Office of General Counsel;
  161         3. Office of Inspector General;
  162         4. Office of External Affairs;
  163         5. Office of Legislative Affairs;
  164         6. Office of Intergovernmental Programs; and
  165         7. Office of Greenways and Trails.
  166         8. Office of Emergency Response.
  167         (b) There shall be six administrative districts involved in
  168  regulatory matters of waste management, water resource
  169  management, wetlands, and air resources, which shall be headed
  170  by managers, each of whom is to be appointed by and serve at the
  171  pleasure of the secretary. Divisions of the department may have
  172  one assistant or two deputy division directors, as required to
  173  facilitate effective operation.
  174  
  175  The managers of all divisions and offices specifically named in
  176  this section and the directors of the six administrative
  177  districts are exempt from part II of chapter 110 and are
  178  included in the Senior Management Service in accordance with s.
  179  110.205(2)(j).
  180         (3) The following divisions of the Department of
  181  Environmental Protection are established:
  182         (a) Division of Administrative Services.
  183         (b) Division of Air Resource Management.
  184         (c) Division of Water Resource Management.
  185         (d) Division of Law Enforcement.
  186         (d)(e) Division of Environmental Assessment and
  187  Restoration.
  188         (e)(f) Division of Waste Management.
  189         (f)(g) Division of Recreation and Parks.
  190         (g)(h) Division of State Lands, the director of which is to
  191  be appointed by the secretary of the department, subject to
  192  confirmation by the Governor and Cabinet sitting as the Board of
  193  Trustees of the Internal Improvement Trust Fund.
  194  
  195  In order to ensure statewide and intradepartmental consistency,
  196  the department’s divisions shall direct the district offices and
  197  bureaus on matters of interpretation and applicability of the
  198  department’s rules and programs.
  199         (4) Law enforcement officers of the Department of
  200  Environmental Protection who meet the provisions of s. 943.13
  201  are constituted law enforcement officers of this state with full
  202  power to investigate and arrest for any violation of the laws of
  203  this state, and the rules of the department and the Board of
  204  Trustees of the Internal Improvement Trust Fund. The general
  205  laws applicable to investigations, searches, and arrests by
  206  peace officers of this state apply to such law enforcement
  207  officers.
  208         Section 8. Subsection (1) of section 258.008, Florida
  209  Statutes, is amended to read:
  210         258.008 Prohibited activities; penalties.—
  211         (1) Except as provided in subsection (3), any person who
  212  violates or otherwise fails to comply with the rules adopted
  213  under this chapter commits a noncriminal infraction for which
  214  ejection from all property managed by the Division of Recreation
  215  and Parks and a fine of up to $500 may be imposed by the
  216  division. Fines paid under this subsection shall be paid to the
  217  Fish and Wildlife Conservation Commission Department of
  218  Environmental Protection and deposited in the State Game Park
  219  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395.
  220         Section 9. Subsection (16) of section 258.501, Florida
  221  Statutes, is amended to read:
  222         258.501 Myakka River; wild and scenic segment.—
  223         (16) ENFORCEMENT.—Officers of The department and the Fish
  224  and Wildlife Conservation Commission shall have full authority
  225  to enforce any rule adopted by the department under this section
  226  with the same police powers given them by law to enforce the
  227  rules of state parks and the rules pertaining to saltwater areas
  228  under the jurisdiction of the Florida Marine Patrol.
  229         Section 10. Paragraph (a) of subsection (2) of section
  230  282.709, Florida Statutes, is amended to read:
  231         282.709 State agency law enforcement radio system and
  232  interoperability network.—
  233         (2) The Joint Task Force on State Agency Law Enforcement
  234  Communications is created adjunct to the department to advise
  235  the department of member-agency needs relating to the planning,
  236  designing, and establishment of the statewide communication
  237  system.
  238         (a) The Joint Task Force on State Agency Law Enforcement
  239  Communications shall consist of the following eight members, as
  240  follows:
  241         1. A representative of the Division of Alcoholic Beverages
  242  and Tobacco of the Department of Business and Professional
  243  Regulation who shall be appointed by the secretary of the
  244  department.
  245         2. A representative of the Division of Florida Highway
  246  Patrol of the Department of Highway Safety and Motor Vehicles
  247  who shall be appointed by the executive director of the
  248  department.
  249         3. A representative of the Department of Law Enforcement
  250  who shall be appointed by the executive director of the
  251  department.
  252         4. A representative of the Fish and Wildlife Conservation
  253  Commission who shall be appointed by the executive director of
  254  the commission.
  255         5. A representative of the Division of Law Enforcement of
  256  the Department of Environmental Protection who shall be
  257  appointed by the secretary of the department.
  258         5.6. A representative of the Department of Corrections who
  259  shall be appointed by the secretary of the department.
  260         6.7. A representative of the Division of State Fire Marshal
  261  of the Department of Financial Services who shall be appointed
  262  by the State Fire Marshal.
  263         7.8. A representative of the Department of Transportation
  264  who shall be appointed by the secretary of the department.
  265         Section 11. Subsection (1) of section 316.003, Florida
  266  Statutes, is amended to read:
  267         316.003 Definitions.—The following words and phrases, when
  268  used in this chapter, shall have the meanings respectively
  269  ascribed to them in this section, except where the context
  270  otherwise requires:
  271         (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
  272  department (fire patrol), police vehicles, and such ambulances
  273  and emergency vehicles of municipal departments, public service
  274  corporations operated by private corporations, the Fish and
  275  Wildlife Conservation Commission, the Department of
  276  Environmental Protection, the Department of Health, the
  277  Department of Transportation, and the Department of Corrections
  278  as are designated or authorized by their respective department
  279  or the chief of police of an incorporated city or any sheriff of
  280  any of the various counties.
  281         Section 12. Subsections (3) and (9) of section 316.2397,
  282  Florida Statutes, are amended to read:
  283         316.2397 Certain lights prohibited; exceptions.—
  284         (3) Vehicles of the fire department and fire patrol,
  285  including vehicles of volunteer firefighters as permitted under
  286  s. 316.2398, vehicles of medical staff physicians or technicians
  287  of medical facilities licensed by the state as authorized under
  288  s. 316.2398, ambulances as authorized under this chapter, and
  289  buses and taxicabs as authorized under s. 316.2399 may are
  290  permitted to show or display red lights. Vehicles of the fire
  291  department, fire patrol, police vehicles, and such ambulances
  292  and emergency vehicles of municipal and county departments,
  293  public service corporations operated by private corporations,
  294  the Fish and Wildlife Conservation Commission, the Department of
  295  Environmental Protection, the Department of Transportation, the
  296  Department of Agriculture and Consumer Services, and the
  297  Department of Corrections as are designated or authorized by
  298  their respective department or the chief of police of an
  299  incorporated city or any sheriff of any county may are hereby
  300  authorized to operate emergency lights and sirens in an
  301  emergency. Wreckers, mosquito control fog and spray vehicles,
  302  and emergency vehicles of governmental departments or public
  303  service corporations may show or display amber lights when in
  304  actual operation or when a hazard exists provided they are not
  305  used going to and from the scene of operation or hazard without
  306  specific authorization of a law enforcement officer or law
  307  enforcement agency. Wreckers must use amber rotating or flashing
  308  lights while performing recoveries and loading on the roadside
  309  day or night, and may use such lights while towing a vehicle on
  310  wheel lifts, slings, or under reach if the operator of the
  311  wrecker deems such lights necessary. A flatbed, car carrier, or
  312  rollback may not use amber rotating or flashing lights when
  313  hauling a vehicle on the bed unless it creates a hazard to other
  314  motorists because of protruding objects. Further, escort
  315  vehicles may show or display amber lights when in the actual
  316  process of escorting overdimensioned equipment, material, or
  317  buildings as authorized by law. Vehicles owned or leased by
  318  private security agencies may show or display green and amber
  319  lights, with either color being no greater than 50 percent of
  320  the lights displayed, while the security personnel are engaged
  321  in security duties on private or public property.
  322         (9) Flashing red lights may be used by emergency response
  323  vehicles of the Fish and Wildlife Conservation Commission, the
  324  Department of Environmental Protection, and the Department of
  325  Health when responding to an emergency in the line of duty.
  326         Section 13. Paragraph (a) of subsection (1) of section
  327  316.640, Florida Statutes, is amended to read:
  328         316.640 Enforcement.—The enforcement of the traffic laws of
  329  this state is vested as follows:
  330         (1) STATE.—
  331         (a)1.a. The Division of Florida Highway Patrol of the
  332  Department of Highway Safety and Motor Vehicles; the Division of
  333  Law Enforcement of the Fish and Wildlife Conservation
  334  Commission; the Division of Law Enforcement of the Department of
  335  Environmental Protection; and the agents, inspectors, and
  336  officers of the Department of Law Enforcement each have
  337  authority to enforce all of the traffic laws of this state on
  338  all the streets and highways thereof and elsewhere throughout
  339  the state wherever the public has a right to travel by motor
  340  vehicle.
  341         b. University police officers may shall have authority to
  342  enforce all of the traffic laws of this state when violations
  343  occur on or within 1,000 feet of any property or facilities that
  344  are under the guidance, supervision, regulation, or control of a
  345  state university, a direct-support organization of such state
  346  university, or any other organization controlled by the state
  347  university or a direct-support organization of the state
  348  university, or when such violations occur within a specified
  349  jurisdictional area as agreed upon in a mutual aid agreement
  350  entered into with a law enforcement agency pursuant to s.
  351  23.1225(1). Traffic laws may also be enforced off-campus when
  352  hot pursuit originates on or within 1,000 feet of any such
  353  property or facilities, or as agreed upon in accordance with the
  354  mutual aid agreement.
  355         c. Community college police officers may shall have the
  356  authority to enforce all the traffic laws of this state only
  357  when such violations occur on any property or facilities that
  358  are under the guidance, supervision, regulation, or control of
  359  the community college system.
  360         d. Police officers employed by an airport authority may
  361  shall have the authority to enforce all of the traffic laws of
  362  this state only when such violations occur on any property or
  363  facilities that are owned or operated by an airport authority.
  364         (I) An airport authority may employ as a parking
  365  enforcement specialist any individual who successfully completes
  366  a training program established and approved by the Criminal
  367  Justice Standards and Training Commission for parking
  368  enforcement specialists but who does not otherwise meet the
  369  uniform minimum standards established by the commission for law
  370  enforcement officers or auxiliary or part-time officers under s.
  371  943.12. Nothing in This sub-sub-subparagraph may not shall be
  372  construed to permit the carrying of firearms or other weapons,
  373  nor shall such parking enforcement specialist have arrest
  374  authority.
  375         (II) A parking enforcement specialist employed by an
  376  airport authority may is authorized to enforce all state,
  377  county, and municipal laws and ordinances governing parking only
  378  when such violations are on property or facilities owned or
  379  operated by the airport authority employing the specialist, by
  380  appropriate state, county, or municipal traffic citation.
  381         e. The Office of Agricultural Law Enforcement of the
  382  Department of Agriculture and Consumer Services may shall have
  383  the authority to enforce traffic laws of this state.
  384         f. School safety officers may shall have the authority to
  385  enforce all of the traffic laws of this state when such
  386  violations occur on or about any property or facilities that
  387  which are under the guidance, supervision, regulation, or
  388  control of the district school board.
  389         2. An agency of the state as described in subparagraph 1.
  390  is prohibited from establishing a traffic citation quota. A
  391  violation of this subparagraph is not subject to the penalties
  392  provided in chapter 318.
  393         3. Any disciplinary action taken or performance evaluation
  394  conducted by an agency of the state as described in subparagraph
  395  1. of a law enforcement officer’s traffic enforcement activity
  396  must be in accordance with written work-performance standards.
  397  Such standards must be approved by the agency and any collective
  398  bargaining unit representing such law enforcement officer. A
  399  violation of this subparagraph is not subject to the penalties
  400  provided in chapter 318.
  401         4. The Division of the Florida Highway Patrol may employ as
  402  a traffic accident investigation officer any individual who
  403  successfully completes instruction in traffic accident
  404  investigation and court presentation through the Selective
  405  Traffic Enforcement Program as approved by the Criminal Justice
  406  Standards and Training Commission and funded through the
  407  National Highway Traffic Safety Administration or a similar
  408  program approved by the commission, but who does not necessarily
  409  meet the uniform minimum standards established by the commission
  410  for law enforcement officers or auxiliary law enforcement
  411  officers under chapter 943. Any such traffic accident
  412  investigation officer who makes an investigation at the scene of
  413  a traffic accident may issue traffic citations, based upon
  414  personal investigation, when he or she has reasonable and
  415  probable grounds to believe that a person who was involved in
  416  the accident committed an offense under this chapter, chapter
  417  319, chapter 320, or chapter 322 in connection with the
  418  accident. This subparagraph does not permit the officer to carry
  419  firearms or other weapons, and such an officer does not have
  420  authority to make arrests.
  421         Section 14. Subsection (4) of section 375.041, Florida
  422  Statutes, is amended to read:
  423         375.041 Land Acquisition Trust Fund.—
  424         (4) The department may disburse moneys in the Land
  425  Acquisition Trust Fund to pay all necessary expenses to carry
  426  out the purposes of this act. The department shall disburse
  427  moneys from the Land Acquisition Trust Fund to the Fish and
  428  Wildlife Conservation Commission for the purpose of funding law
  429  enforcement services on state lands.
  430         Section 15. Subsection (5) of section 376.065, Florida
  431  Statutes, is amended to read:
  432         376.065 Operation of terminal facility without discharge
  433  prevention and response certificate prohibited; penalty.—
  434         (5)(a) A Any person who violates this section or the terms
  435  and requirements of such certification commits a noncriminal
  436  infraction. The civil penalty for any such infraction shall be
  437  $500, except as otherwise provided in this section.
  438         (b) A Any person cited for an infraction under this section
  439  may:
  440         1. Pay the civil penalty;
  441         2. Post a bond equal to the amount of the applicable civil
  442  penalty; or
  443         3. Sign and accept a citation indicating a promise to
  444  appear before the county court.
  445  
  446  The department employee officer authorized to issue these
  447  citations may indicate on the citation the time and location of
  448  the scheduled hearing and shall indicate the applicable civil
  449  penalty.
  450         (c) A Any person who willfully refuses to post bond or
  451  accept and sign a citation commits a misdemeanor of the second
  452  degree, punishable as provided in s. 775.082 or s. 775.083.
  453         (d) After compliance with the provisions of subparagraph
  454  (b)2. or subparagraph (b)3., a any person charged with a
  455  noncriminal infraction under this section may:
  456         1. Pay the civil penalty, either by mail or in person,
  457  within 30 days after the date of receiving the citation; or
  458         2. If the person has posted bond, forfeit the bond by not
  459  appearing at the designated time and location.
  460  
  461  A person cited for an infraction under this section who pays the
  462  civil penalty or forfeits the bond has admitted the infraction
  463  and waives the right to a hearing on the issue of commission of
  464  the infraction. Such admission may not be used as evidence in
  465  any other proceedings.
  466         (e) A Any person who elects to appear before the county
  467  court or who is required to so appear waives the limitations of
  468  the civil penalty specified in paragraph (a). The court, after a
  469  hearing, shall make a determination as to whether an infraction
  470  has been committed. If the commission of the infraction is
  471  proved, the court shall impose a civil penalty of $500.
  472         (f) At a hearing under this subsection, the commission of a
  473  charged infraction must be proved by the greater weight of the
  474  evidence.
  475         (g) A person who is found by the hearing official to have
  476  committed an infraction may appeal that finding to the circuit
  477  court.
  478         (h) A Any person who has not posted bond and who fails
  479  either to pay the fine specified in paragraph (a) within 30 days
  480  after receipt of the citation or to appear before the court
  481  commits a misdemeanor of the second degree, punishable as
  482  provided in s. 775.082 or s. 775.083.
  483         Section 16. Subsection (3) of section 376.07, Florida
  484  Statutes, is amended to read:
  485         376.07 Regulatory powers of department; penalties for
  486  inadequate booming by terminal facilities.—
  487         (3) The department shall not require vessels to maintain
  488  discharge prevention gear, holding tanks, and containment gear
  489  which exceed federal requirements. However, a terminal facility
  490  transferring heavy oil to or from a vessel with a heavy oil
  491  storage capacity greater than 10,000 gallons shall be required,
  492  considering existing weather and tidal conditions, to adequately
  493  boom or seal off the transfer area during a transfer, including,
  494  but not limited to, a bunkering operation, to minimize the
  495  escape of such pollutants from the containment area. As used in
  496  this subsection, the term “adequate booming” means booming with
  497  proper containment equipment which is employed and located for
  498  the purpose of preventing, for the most likely discharge, as
  499  much of the pollutant as possible from escaping out of the
  500  containment area.
  501         (a) The owner or operator of a terminal facility involved
  502  in the transfer of such pollutant to or from a vessel which is
  503  not adequately boomed commits a noncriminal infraction and shall
  504  be cited for such infraction. The civil penalty for such an
  505  infraction shall be $2,500, except as otherwise provided in this
  506  section.
  507         (b) A Any person cited for an infraction under this section
  508  may:
  509         1. Pay the civil penalty;
  510         2. Post bond equal to the amount of the applicable civil
  511  penalty; or
  512         3. Sign and accept a citation indicating a promise to
  513  appear before the county court.
  514  
  515  The department employee officer authorized to issue these
  516  citations may indicate on the citation the time and location of
  517  the scheduled hearing and shall indicate the applicable civil
  518  penalty.
  519         (c) A Any person who willfully refuses to post bond or
  520  accept and sign a citation commits a misdemeanor of the second
  521  degree, punishable as provided in s. 775.082 or s. 775.083.
  522         (d) After compliance with subparagraph (b)2. or
  523  subparagraph (b)3., a any person charged with a noncriminal
  524  infraction under this section may:
  525         1. Pay the civil penalty, either by mail or in person,
  526  within 30 days after the date of receiving the citation; or
  527         2. If the person has posted bond, forfeit the bond by not
  528  appearing at the designated time and location.
  529  
  530  A person cited for an infraction under this section who pays the
  531  civil penalty or forfeits the bond has admitted the infraction
  532  and waives the right to a hearing on the issue of commission of
  533  the infraction. Such admission may not be used as evidence in
  534  any other proceedings.
  535         (e) A Any person who elects to appear before the county
  536  court or who is required to appear waives the limitations of the
  537  civil penalty specified in paragraph (a). The issue of whether
  538  an infraction has been committed and the severity of the
  539  infraction shall be determined by a hearing official at a
  540  hearing. If the commission of the infraction is proved by the
  541  greater weight of the evidence, the court shall impose a civil
  542  penalty of $2,500. If the court determines that the owner or
  543  operator of the terminal facility failed to deploy any boom
  544  equipment during such a transfer, including, but not limited to,
  545  a bunkering operation, the civil penalty shall be $5,000.
  546         (f) A person who is found by the hearing official to have
  547  committed an infraction may appeal that finding to the circuit
  548  court.
  549         (g) A Any person who has not posted bond and who fails
  550  either to pay the civil penalty specified in paragraph (a)
  551  within 30 days after receipt of the citation or to appear before
  552  the court commits a misdemeanor of the second degree, punishable
  553  as provided in s. 775.082 or s. 775.083.
  554         Section 17. Subsection (2) of section 376.071, Florida
  555  Statutes, is amended to read:
  556         376.071 Discharge contingency plan for vessels.—
  557         (2)(a) A Any master of a vessel that which violates
  558  subsection (1) commits a noncriminal infraction and shall be
  559  cited for such infraction. The civil penalty for such an
  560  infraction shall be $5,000, except as otherwise provided in this
  561  subsection.
  562         (b) A Any person charged with a noncriminal infraction
  563  under this section may:
  564         1. Pay the civil penalty;
  565         2. Post bond equal to the amount of the applicable civil
  566  penalty; or
  567         3. Sign and accept a citation indicating a promise to
  568  appear before the county court for the county in which the
  569  violation occurred or the county closest to the location at
  570  which the violation occurred.
  571  
  572  The department employee officer authorized to issue these
  573  citations may indicate on the citation the time and location of
  574  the scheduled hearing and shall indicate the applicable civil
  575  penalty.
  576         (c) A Any person who willfully refuses to post bond or
  577  accept and sign a citation commits a misdemeanor of the second
  578  degree, punishable as provided in s. 775.082 or s. 775.083.
  579         (d) After complying with the provisions of subparagraph
  580  (b)2. or subparagraph (b)3., a any person charged with a
  581  noncriminal infraction under this section may:
  582         1. Pay the civil penalty, either by mail or in person,
  583  within 30 days after the date of receiving the citation; or
  584         2. If the person has posted bond, forfeit the bond by not
  585  appearing at the designated time and location.
  586  
  587  A person cited for an infraction under this section who pays the
  588  civil penalty or forfeits the bond has admitted the infraction
  589  and waives the right to a hearing on the issue of commission of
  590  the infraction. Such admission may not be used as evidence in
  591  any other proceedings.
  592         (e) A Any person who elects to appear before the county
  593  court or who is required to appear waives the limitations of the
  594  civil penalty specified in paragraph (a). The court, after a
  595  hearing, shall make a determination as to whether an infraction
  596  has been committed. If the commission of the infraction is
  597  proved, the court shall impose a civil penalty of $5,000.
  598         (f) At a hearing under this subsection, the commission of a
  599  charged infraction must be proved by the greater weight of the
  600  evidence.
  601         (g) A person who is found by the hearing official to have
  602  committed an infraction may appeal that finding to the circuit
  603  court.
  604         (h) A Any person who has not posted bond and who fails
  605  either to pay the civil penalty specified in paragraph (a)
  606  within 30 days after receipt of the citation or to appear before
  607  the court commits a misdemeanor of the second degree, punishable
  608  as provided in s. 775.082 or s. 775.083.
  609         Section 18. Subsection (4) of section 376.16, Florida
  610  Statutes, is amended to read:
  611         376.16 Enforcement and penalties.—
  612         (4) A Any person charged with a noncriminal infraction
  613  pursuant to subsection (2) or subsection (3) may:
  614         (a) Pay the civil penalty;
  615         (b) Post a bond equal to the amount of the applicable civil
  616  penalty; or
  617         (c) Sign and accept a citation indicating a promise to
  618  appear before the county court.
  619  
  620  The department employee officer authorized to issue these
  621  citations may indicate on the citation the time and location of
  622  the scheduled hearing and shall indicate the applicable civil
  623  penalty.
  624         Section 19. Paragraph (q) is added to subsection (4) of
  625  section 376.3071, Florida Statutes, to read:
  626         376.3071 Inland Protection Trust Fund; creation; purposes;
  627  funding.—
  628         (4) USES.—Whenever, in its determination, incidents of
  629  inland contamination related to the storage of petroleum or
  630  petroleum products may pose a threat to the environment or the
  631  public health, safety, or welfare, the department shall obligate
  632  moneys available in the fund to provide for:
  633         (q) Enforcement of this section and ss. 376.30-376.317 by
  634  the Fish and Wildlife Conservation Commission. The department
  635  shall disburse moneys to the commission for such purpose.
  636  
  637  The Inland Protection Trust Fund may only be used to fund the
  638  activities in ss. 376.30-376.317 except ss. 376.3078 and
  639  376.3079. Amounts on deposit in the Inland Protection Trust Fund
  640  in each fiscal year shall first be applied or allocated for the
  641  payment of amounts payable by the department pursuant to
  642  paragraph (o) under a service contract entered into by the
  643  department pursuant to s. 376.3075 and appropriated in each year
  644  by the Legislature prior to making or providing for other
  645  disbursements from the fund. Nothing in this subsection shall
  646  authorize the use of the Inland Protection Trust Fund for
  647  cleanup of contamination caused primarily by a discharge of
  648  solvents as defined in s. 206.9925(6), or polychlorinated
  649  biphenyls when their presence causes them to be hazardous
  650  wastes, except solvent contamination which is the result of
  651  chemical or physical breakdown of petroleum products and is
  652  otherwise eligible. Facilities used primarily for the storage of
  653  motor or diesel fuels as defined in ss. 206.01 and 206.86 shall
  654  be presumed not to be excluded from eligibility pursuant to this
  655  section.
  656         Section 20. Section 379.3311, Florida Statutes, is amended
  657  to read:
  658         379.3311 Police powers of commission and its agents.—
  659         (1) The Fish and Wildlife Conservation commission, the
  660  executive director and the executive director’s assistants
  661  designated by her or him, and each commission wildlife officer
  662  are constituted peace officers with the power to make arrests
  663  for violations of the laws of this state when committed in the
  664  presence of the officer or when committed on lands under the
  665  supervision and management of the commission, the department,
  666  the Board of Trustees of the Internal Improvement Trust Fund, or
  667  the Department of Agricultural and Consumer Services, including
  668  state parks, coastal and aquatic managed areas, and greenways
  669  and trails. The general laws applicable to arrests by peace
  670  officers of this state shall also be applicable to such said
  671  director, assistants, and commission wildlife officers. Such
  672  persons may enter upon any land or waters of the state for
  673  performance of their lawful duties and may take with them any
  674  necessary equipment, and such entry does shall not constitute a
  675  trespass.
  676         (2) Such officers may shall have power and authority to
  677  enforce throughout the state all laws relating to game, nongame
  678  birds, fish, and fur-bearing animals and all rules and
  679  regulations of the Fish and Wildlife Conservation commission
  680  relating to wild animal life, marine life, and freshwater
  681  aquatic life, and in connection with such said laws, rules, and
  682  regulations, in the enforcement thereof and in the performance
  683  of their duties thereunder, to:
  684         (a) Go upon all premises, posted or otherwise;
  685         (b) Execute warrants and search warrants for the violation
  686  of such said laws;
  687         (c) Serve subpoenas issued for the examination,
  688  investigation, and trial of all offenses against such said laws;
  689         (d) Carry firearms or other weapons, concealed or
  690  otherwise, in the performance of their duties;
  691         (e) Arrest upon probable cause without warrant any person
  692  found in the act of violating any such of the provisions of said
  693  laws or, in pursuit immediately following such violations, to
  694  examine any person, boat, conveyance, vehicle, game bag, game
  695  coat, or other receptacle for wild animal life, marine life, or
  696  freshwater aquatic life, or any camp, tent, cabin, or roster, in
  697  the presence of any person stopping at or belonging to such
  698  camp, tent, cabin, or roster, when such said officer has reason
  699  to believe, and has exhibited her or his authority and stated to
  700  the suspected person in charge the officer’s reason for
  701  believing, that any of the aforesaid laws have been violated at
  702  such camp;
  703         (f) Secure and execute search warrants and in pursuance
  704  thereof to enter any building, enclosure, or car and to break
  705  open, when found necessary, any apartment, chest, locker, box,
  706  trunk, crate, basket, bag, package, or container and examine the
  707  contents thereof;
  708         (g) Seize and take possession of all wild animal life,
  709  marine life, or freshwater aquatic life taken or in possession
  710  or under control of, or shipped or about to be shipped by, any
  711  person at any time in any manner contrary to such said laws.
  712         (3) It is unlawful for any person to resist an arrest
  713  authorized by this section or in any manner to interfere, either
  714  by abetting, assisting such resistance, or otherwise interfering
  715  with such said executive director, assistants, or commission
  716  wildlife officers while engaged in the performance of the duties
  717  imposed upon them by law or regulation of the Fish and Wildlife
  718  Conservation commission, the department, the Board of Trustees
  719  of the Internal Improvement Trust Fund, or the Department of
  720  Agriculture and Consumer Services.
  721         (4) Upon final disposition of any alleged offense for which
  722  a citation for any violation of this chapter or the rules of the
  723  commission has been issued, the court shall, within 10 days
  724  after the final disposition of the action, certify the
  725  disposition to the commission.
  726         Section 21. Section 379.3312, Florida Statutes, is amended
  727  to read:
  728         379.3312 Powers of arrest by agents of Department of
  729  Environmental Protection or Fish and Wildlife Conservation
  730  commission.—Any certified law enforcement officer of the
  731  Department of Environmental Protection or the Fish and Wildlife
  732  Conservation commission, upon receiving information, relayed to
  733  her or him from any law enforcement officer stationed on the
  734  ground, on the water, or in the air, that a driver, operator, or
  735  occupant of any vehicle, boat, or airboat has violated any
  736  section of chapter 327, chapter 328, or this chapter, or s.
  737  597.010 or s. 597.020, may arrest the driver, operator, or
  738  occupant for violation of such said laws when reasonable and
  739  proper identification of the vehicle, boat, or airboat and
  740  reasonable and probable grounds to believe that the driver,
  741  operator, or occupant has committed or is committing any such
  742  offense have been communicated to the arresting officer by the
  743  other officer stationed on the ground, on the water, or in the
  744  air.
  745         Section 22. Subsection (1) of section 379.3313, Florida
  746  Statutes, is amended to read:
  747         379.3313 Powers of commission law enforcement officers.—
  748         (1) Law enforcement officers of the commission are
  749  constituted law enforcement officers of this state with full
  750  power to investigate and arrest for any violation of the laws of
  751  this state and the rules of the commission, the department, the
  752  Board of Trustees of the Internal Improvement Trust Fund, and
  753  the Department of Agriculture and Consumer Services under their
  754  jurisdiction. The general laws applicable to arrests by peace
  755  officers of this state shall also be applicable to law
  756  enforcement officers of the commission. Such law enforcement
  757  officers may enter upon any land or waters of the state for
  758  performance of their lawful duties and may take with them any
  759  necessary equipment, and such entry will not constitute a
  760  trespass. It is lawful for any boat, motor vehicle, or aircraft
  761  owned or chartered by the commission or its agents or employees
  762  to land on and depart from any of the beaches or waters of the
  763  state. Such law enforcement officers have the authority, without
  764  warrant, to board, inspect, and search any boat, fishing
  765  appliance, storage or processing plant, fishhouse, spongehouse,
  766  oysterhouse, or other warehouse, building, or vehicle engaged in
  767  transporting or storing any fish or fishery products. Such
  768  authority to search and inspect without a search warrant is
  769  limited to those cases in which such law enforcement officers
  770  have reason to believe that fish or any saltwater products are
  771  taken or kept for sale, barter, transportation, or other
  772  purposes in violation of laws or rules adopted promulgated under
  773  this law. Any Such law enforcement officers officer may at any
  774  time seize or take possession of any saltwater products or
  775  contraband which have been unlawfully caught, taken, or
  776  processed or which are unlawfully possessed or transported in
  777  violation of any of the laws of this state or any rule of the
  778  commission. Such law enforcement officers may arrest any person
  779  in the act of violating any of the provisions of this law, the
  780  rules of the commission, or any of the laws of this state. It is
  781  hereby declared unlawful for a any person to resist such arrest
  782  or in any manner interfere, either by abetting or assisting such
  783  resistance or otherwise interfering, with any such law
  784  enforcement officer while engaged in the performance of the
  785  duties imposed upon him or her by law or rule of the commission.
  786         Section 23. Subsections (1) and (2) of section 379.333,
  787  Florida Statutes, are amended to read:
  788         379.333 Arrest by officers of the Fish and Wildlife
  789  Conservation commission; recognizance; cash bond; citation.—
  790         (1) In all cases of arrest by officers of the Fish and
  791  Wildlife Conservation commission and the Department of
  792  Environmental Protection, the person arrested shall be delivered
  793  forthwith by such said officer to the sheriff of the county, or
  794  shall obtain from such person arrested a recognizance or, if
  795  deemed necessary, a cash bond or other sufficient security
  796  conditioned for her or his appearance before the proper tribunal
  797  of such county to answer the charge for which the person has
  798  been arrested.
  799         (2) All officers of the commission shall and the department
  800  are hereby directed to deliver all bonds accepted and approved
  801  by them to the sheriff of the county in which the offense is
  802  alleged to have been committed.
  803         Section 24. Subsection (1) of section 379.341, Florida
  804  Statutes, is amended to read:
  805         379.341 Disposition of illegal fishing devices; exercise of
  806  police power.—
  807         (1) In all cases of arrest and conviction for use of
  808  illegal nets or traps or fishing devices, as provided in this
  809  chapter, such illegal net, trap, or fishing device is declared
  810  to be a nuisance and shall be seized and carried before the
  811  court having jurisdiction of such offense and such said court
  812  shall order such illegal trap, net, or fishing device forfeited
  813  to the commission immediately after trial and conviction of the
  814  person in whose possession they were found. When any illegal
  815  net, trap, or fishing device is found in the fresh waters of the
  816  state, and its the owner is of same shall not be known to the
  817  officer finding it the same, such officer shall immediately
  818  procure from the county court judge an order forfeiting such
  819  said illegal net, trap, or fishing device to the commission. The
  820  commission may destroy such illegal net, trap, or fishing
  821  device, if in its judgment such said net, trap, or fishing
  822  device is not of value in the work of the commission department.
  823         Section 25. Section 379.343, Florida Statutes, is amended
  824  to read:
  825         379.343 Rewards.—The Fish and Wildlife Conservation
  826  Commission is authorized to offer rewards in amounts of up to
  827  $500 to any person furnishing information leading to the arrest
  828  and conviction of any person who has inflicted or attempted to
  829  inflict bodily injury upon any commission wildlife officer
  830  engaged in the enforcement of the provisions of this chapter or
  831  the rules and regulations of the Fish and Wildlife Conservation
  832  Commission.
  833         Section 26. Subsection (2) of section 403.413, Florida
  834  Statutes, is amended to read:
  835         403.413 Florida Litter Law.—
  836         (2) DEFINITIONS.—As used in this section:
  837         (f)(a) “Litter” means any garbage; rubbish; trash; refuse;
  838  can; bottle; box; container; paper; tobacco product; tire;
  839  appliance; mechanical equipment or part; building or
  840  construction material; tool; machinery; wood; motor vehicle or
  841  motor vehicle part; vessel; aircraft; farm machinery or
  842  equipment; sludge from a waste treatment facility, water supply
  843  treatment plant, or air pollution control facility; or substance
  844  in any form resulting from domestic, industrial, commercial,
  845  mining, agricultural, or governmental operations.
  846         (h)(b) “Person” means any individual, firm, sole
  847  proprietorship, partnership, corporation, or unincorporated
  848  association.
  849         (e)(c) “Law enforcement officer” means any officer of the
  850  Florida Highway Patrol, a county sheriff’s department, a
  851  municipal law enforcement department, a law enforcement
  852  department of any other political subdivision, the department,
  853  or the Fish and Wildlife Conservation Commission. In addition,
  854  and solely for the purposes of this section, “law enforcement
  855  officer” means any employee of a county or municipal park or
  856  recreation department designated by the department head as a
  857  litter enforcement officer.
  858         (a)(d) “Aircraft” means a motor vehicle or other vehicle
  859  that is used or designed to fly but does not include a parachute
  860  or any other device used primarily as safety equipment.
  861         (b)(e) “Commercial purpose” means for the purpose of
  862  economic gain.
  863         (c)(f) “Commercial vehicle” means a vehicle that is owned
  864  or used by a business, corporation, association, partnership, or
  865  sole proprietorship or any other entity conducting business for
  866  a commercial purpose.
  867         (d)(g) “Dump” means to dump, throw, discard, place,
  868  deposit, or dispose of.
  869         (g)(h) “Motor vehicle” means an automobile, motorcycle,
  870  truck, trailer, semitrailer, truck tractor, or semitrailer
  871  combination or any other vehicle that is powered by a motor.
  872         (i) “Vessel” means a boat, barge, or airboat or any other
  873  vehicle used for transportation on water.
  874         Section 27. Paragraph (d) of subsection (1) of section
  875  784.07, Florida Statutes, is amended to read:
  876         784.07 Assault or battery of law enforcement officers,
  877  firefighters, emergency medical care providers, public transit
  878  employees or agents, or other specified officers;
  879  reclassification of offenses; minimum sentences.—
  880         (1) As used in this section, the term:
  881         (d) “Law enforcement officer” includes a law enforcement
  882  officer, a correctional officer, a correctional probation
  883  officer, a part-time law enforcement officer, a part-time
  884  correctional officer, an auxiliary law enforcement officer, and
  885  an auxiliary correctional officer, as those terms are
  886  respectively defined in s. 943.10, and any county probation
  887  officer; an employee or agent of the Department of Corrections
  888  who supervises or provides services to inmates; an officer of
  889  the Parole Commission; a federal law enforcement officer as
  890  defined in s. 901.1505; and law enforcement personnel of the
  891  Fish and Wildlife Conservation Commission, the Department of
  892  Environmental Protection, or the Department of Law Enforcement.
  893         Section 28. Section 843.08, Florida Statutes, is amended to
  894  read:
  895         843.08 Falsely personating officer, etc.—A person who
  896  falsely assumes or pretends to be a sheriff, officer of the
  897  Florida Highway Patrol, officer of the Fish and Wildlife
  898  Conservation Commission, officer of the Department of
  899  Environmental Protection, officer of the Department of
  900  Transportation, officer of the Department of Financial Services,
  901  officer of the Department of Corrections, correctional probation
  902  officer, deputy sheriff, state attorney or assistant state
  903  attorney, statewide prosecutor or assistant statewide
  904  prosecutor, state attorney investigator, coroner, police
  905  officer, lottery special agent or lottery investigator, beverage
  906  enforcement agent, or watchman, or any member of the Parole
  907  Commission and any administrative aide or supervisor employed by
  908  the commission, or any personnel or representative of the
  909  Department of Law Enforcement, or a federal law enforcement
  910  officer as defined in s. 901.1505, and takes upon himself or
  911  herself to act as such, or to require any other person to aid or
  912  assist him or her in a matter pertaining to the duty of any such
  913  officer, commits a felony of the third degree, punishable as
  914  provided in s. 775.082, s. 775.083, or s. 775.084.; However, a
  915  person who falsely personates any such officer during the course
  916  of the commission of a felony commits a felony of the second
  917  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  918  775.084.; except that If the commission of the felony results in
  919  the death or personal injury of another human being, the person
  920  commits a felony of the first degree, punishable as provided in
  921  s. 775.082, s. 775.083, or s. 775.084.
  922         Section 29. Section 843.085, Florida Statutes, is amended
  923  to read:
  924         843.085 Unlawful use of police badges or other indicia of
  925  authority.—It is unlawful for any person:
  926         (1) Unless appointed by the Governor pursuant to chapter
  927  354, authorized by the appropriate agency, or displayed in a
  928  closed or mounted case as a collection or exhibit, to wear or
  929  display any authorized indicia of authority, including any
  930  badge, insignia, emblem, identification card, or uniform, or any
  931  colorable imitation thereof, of any federal, state, county, or
  932  municipal law enforcement agency, or other criminal justice
  933  agency as now or hereafter defined in s. 943.045, which could
  934  deceive a reasonable person into believing that such item is
  935  authorized by any of the agencies described above for use by the
  936  person displaying or wearing it, or which displays in any manner
  937  or combination the word or words “police,” “patrolman,” “agent,”
  938  “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission
  939  officer,” “Wildlife Officer,” “Marine Patrol Officer,” “state
  940  attorney,” “public defender,” “marshal,” “constable,” or
  941  “bailiff,” which could deceive a reasonable person into
  942  believing that such item is authorized by any of the agencies
  943  described above for use by the person displaying or wearing it.
  944         (2) To own or operate a motor vehicle marked or identified
  945  in any manner or combination by the word or words “police,”
  946  “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
  947  “commission officer,” “Wildlife Officer,” “Marine Patrol
  948  Officer,” “marshal,” “constable,” or “bailiff,” or by any
  949  lettering, marking, or insignia, or colorable imitation thereof,
  950  including, but not limited to, stars, badges, or shields,
  951  officially used to identify the vehicle as a federal, state,
  952  county, or municipal law enforcement vehicle or a vehicle used
  953  by a criminal justice agency as now or hereafter defined in s.
  954  943.045, which could deceive a reasonable person into believing
  955  that such vehicle is authorized by any of the agencies described
  956  above for use by the person operating the motor vehicle, unless
  957  such vehicle is owned or operated by the appropriate agency and
  958  its use is authorized by such agency, or the local law
  959  enforcement agency authorizes the use of such vehicle or unless
  960  the person is appointed by the Governor pursuant to chapter 354.
  961         (3) To sell, transfer, or give away the authorized badge,
  962  or colorable imitation thereof, including miniatures, of any
  963  criminal justice agency as now or hereafter defined in s.
  964  943.045, or bearing in any manner or combination the word or
  965  words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,”
  966  “highway patrol,” “commission officer,” “Wildlife Officer,”
  967  “Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state
  968  attorney,” “public defender,” or “bailiff,” which could deceive
  969  a reasonable person into believing that such item is authorized
  970  by any of the agencies described above, except for agency
  971  purchases or upon the presentation and recordation of both a
  972  driver’s license and other identification showing any transferee
  973  to actually be a member of such criminal justice agency or
  974  unless the person is appointed by the Governor pursuant to
  975  chapter 354. A transferor of an item covered by this subsection
  976  is required to maintain for 2 years a written record of such
  977  transaction, including records showing compliance with this
  978  subsection, and if such transferor is a business, it shall make
  979  such records available during normal business hours for
  980  inspection by any law enforcement agency having jurisdiction in
  981  the area where the business is located.
  982         (4) Nothing in this section shall prohibit a fraternal,
  983  benevolent, or labor organization or association, or their
  984  chapters or subsidiaries, from using the following words, in any
  985  manner or in any combination, if those words appear in the
  986  official name of the organization or association: “police,”
  987  “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
  988  “commission officer,” “Wildlife Officer,” “Marine Patrol
  989  Officer,” “marshal,” “constable,” or “bailiff.”
  990         (5) Violation of any provision of this section is a
  991  misdemeanor of the first degree, punishable as provided in s.
  992  775.082 or s. 775.083. This section is cumulative to any law now
  993  in force in the state.
  994         Section 30. Section 870.04, Florida Statutes, is amended to
  995  read:
  996         870.04 Specified officers to disperse riotous assembly.—If
  997  any number of persons, whether armed or not, are unlawfully,
  998  riotously, or tumultuously assembled in any county, city, or
  999  municipality, the sheriff or the sheriff’s deputies, or the
 1000  mayor, or any commissioner, council member, alderman, or police
 1001  officer of the said city or municipality, or any officer or
 1002  member of the Florida Highway Patrol, or any officer or agent of
 1003  the Fish and Wildlife Conservation Commission, Department of
 1004  Environmental Protection, any or beverage enforcement agent, any
 1005  personnel or representatives of the Department of Law
 1006  Enforcement or its successor, or any other peace officer, shall
 1007  go among the persons so assembled, or as near to them as may be
 1008  done with safety, and shall in the name of the state command all
 1009  the persons so assembled immediately and peaceably to disperse.;
 1010  and If such persons do not thereupon immediately and peaceably
 1011  disperse, such said officers shall command the assistance of all
 1012  such persons in seizing, arresting, and securing such persons in
 1013  custody.; and If any person present being so commanded to aid
 1014  and assist in seizing and securing such rioter or persons so
 1015  unlawfully assembled, or in suppressing such riot or unlawful
 1016  assembly, refuses or neglects to obey such command, or, when
 1017  required by such officers to depart from the place, refuses and
 1018  neglects to do so, the person shall be deemed one of the rioters
 1019  or persons unlawfully assembled, and may be prosecuted and
 1020  punished accordingly.
 1021         Section 31. Paragraphs (c) through (n) of subsection (6) of
 1022  section 932.7055, Florida Statutes, are redesignated as
 1023  paragraphs (b) through (m), respectively, and present paragraph
 1024  (b) of that subsection is amended to read:
 1025         932.7055 Disposition of liens and forfeited property.—
 1026         (6) If the seizing agency is a state agency, all remaining
 1027  proceeds shall be deposited into the General Revenue Fund.
 1028  However, if the seizing agency is:
 1029         (b) The Department of Environmental Protection, the
 1030  proceeds accrued pursuant to the provisions of the Florida
 1031  Contraband Forfeiture Act shall be deposited into the Internal
 1032  Improvement Trust Fund.
 1033         Section 32. This act shall take effect July 1, 2012.
 1034  
 1035  ================= T I T L E  A M E N D M E N T ================
 1036         And the title is amended as follows:
 1037         Delete everything before the enacting clause
 1038  and insert:
 1039                        A bill to be entitled                      
 1040         An act relating to the Fish and Wildlife Conservation
 1041         Commission; transferring and reassigning functions and
 1042         responsibilities of the Division of Law Enforcement,
 1043         excluding the Bureau of Emergency Response, within the
 1044         Department of Environmental Protection to the Division
 1045         of Law Enforcement within the Fish and Wildlife
 1046         Conservation Commission; reassigning the Bureau of
 1047         Emergency Response within the Department of
 1048         Environmental Protection to the Secretary of
 1049         Environmental Protection as the Office of Emergency
 1050         Response within the Department of Environmental
 1051         Protection; providing for the transfer of additional
 1052         positions to the commission; providing for a
 1053         memorandum of agreement between the department and the
 1054         commission regarding the responsibilities of the
 1055         commission to the department; transferring and
 1056         reassigning functions and responsibilities of sworn
 1057         positions funded by the Conservation and Recreation
 1058         Lands Program and assigned to the Florida Forest
 1059         Service within the Department of Agriculture and
 1060         Consumer Services and the investigator responsible for
 1061         the enforcement of aquaculture violations at the
 1062         Department of Agriculture and Consumer Services to the
 1063         Division of Law Enforcement within the Fish and
 1064         Wildlife Conservation Commission; providing for a
 1065         memorandum of agreement between the department and the
 1066         commission regarding the responsibilities between the
 1067         commission and the department; providing for
 1068         transition advisory working groups; assigning powers,
 1069         duties, responsibilities, and functions for
 1070         enforcement of the laws and rules governing certain
 1071         lands managed by the Department of Environmental
 1072         Protection and certain lands and aquaculture managed
 1073         by the Department of Agriculture and Consumer Services
 1074         to the Fish and Wildlife Conservation Commission;
 1075         conferring full power to the law enforcement officers
 1076         of the Fish and Wildlife Conservation Commission to
 1077         investigate and arrest for violations of rules of the
 1078         Department of Agriculture and Consumer Services, the
 1079         Department of Environmental Protection, and the Board
 1080         of Trustees of the Internal Improvement Trust Fund;
 1081         providing for the retention and transfer of specified
 1082         benefits for employees that are transferred from the
 1083         Department of Environmental Protection and the
 1084         Department of Agriculture and Consumer Services to
 1085         fill positions transferred to the Fish and Wildlife
 1086         Conservation Commission; creating s. 258.601, F.S.;
 1087         specifying powers and duties of the commission
 1088         relating to state parks and preserves and wild and
 1089         scenic rivers; amending ss. 20.255, 258.008, 258.501,
 1090         282.709, 316.003, 316.2397, 316.640, 375.041, 376.065,
 1091         376.07, 376.071, 376.16, 376.3071, 379.3311, 379.3312,
 1092         379.3313, 379.333, 379.341, 379.343, 403.413, 784.07,
 1093         843.08, 843.085, 870.04, and 932.7055, F.S.;
 1094         conforming provisions to changes made by the act;
 1095         providing an effective date.