Florida Senate - 2012                             CS for SB 1782
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senators Latvala and Alexander
       
       
       
       592-02644-12                                          20121782c1
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; transferring and reassigning functions and
    4         responsibilities of the Division of Law Enforcement,
    5         excluding the Bureau of Emergency Response, within the
    6         Department of Environmental Protection to the Division
    7         of Law Enforcement within the Fish and Wildlife
    8         Conservation Commission; reassigning the Bureau of
    9         Emergency Response within the Department of
   10         Environmental Protection to the Secretary of
   11         Environmental Protection, as the Office of Emergency
   12         Response, within the Department of Environmental
   13         Protection; providing for the transfer of additional
   14         positions to the commission; providing for a
   15         memorandum of agreement between the department and the
   16         commission regarding the responsibilities of the
   17         commission to the department; transferring and
   18         reassigning functions and responsibilities of sworn
   19         positions funded by the Conservation and Recreation
   20         Lands Program and assigned to the Florida Forest
   21         Service within the Department of Agriculture and
   22         Consumer Services and the investigator responsible for
   23         the enforcement of aquaculture violations at the
   24         Department of Agriculture and Consumer Services to the
   25         Division of Law Enforcement within the Fish and
   26         Wildlife Conservation Commission; providing for a
   27         memorandum of agreement between the department and the
   28         commission regarding the responsibilities between the
   29         commission and the department; providing for
   30         transition advisory working groups; assigning powers,
   31         duties, responsibilities, and functions for
   32         enforcement of the laws and rules governing certain
   33         lands managed by the Department of Environmental
   34         Protection and certain lands and aquaculture managed
   35         by the Department of Agriculture and Consumer Services
   36         to the Fish and Wildlife Conservation Commission;
   37         conferring full power to the law enforcement officers
   38         of the Fish and Wildlife Conservation Commission to
   39         investigate and arrest for violations of rules of the
   40         Department of Agriculture and Consumer Services, the
   41         Department of Environmental Protection, and the Board
   42         of Trustees of the Internal Improvement Trust Fund;
   43         authorizing salary parity and other pay adjustments
   44         for positions transferred by the act; providing for
   45         the retention and transfer of specified benefits for
   46         employees who are transferred from the Department of
   47         Environmental Protection and the Department of
   48         Agriculture and Consumer Services to fill positions
   49         transferred to the Fish and Wildlife Conservation
   50         Commission; creating s. 258.601, F.S.; specifying
   51         powers and duties of the commission relating to state
   52         parks and preserves and wild and scenic rivers;
   53         amending ss. 20.255, 258.008, 258.501, 282.709,
   54         316.003, 316.2397, 316.640, 375.041, 376.065, 376.07,
   55         376.071, 376.16, 376.3071, 379.3311, 379.3312,
   56         379.3313, 379.333, 379.341, 403.413, 784.07, 843.08,
   57         870.04, and 932.7055, F.S.; conforming provisions to
   58         changes made by the act; providing an effective date.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. (1) All powers, duties, functions, records,
   63  offices, personnel, property, pending issues and existing
   64  contracts, administrative authority, administrative rules, and
   65  unexpended balances of appropriations, allocations, and other
   66  funds relating to the Division of Law Enforcement within the
   67  Department of Environmental Protection, excluding the Bureau of
   68  Emergency Response, are transferred by a type two transfer, as
   69  defined in s. 20.06(2), Florida Statutes, to the Division of Law
   70  Enforcement within the Florida Fish and Wildlife Conservation
   71  Commission.
   72         (2) The Bureau of Emergency Response within the Department
   73  of Environmental Protection is reassigned to the Secretary of
   74  Environmental Protection, as the Office of Emergency Response,
   75  within the Department of Environmental Protection.
   76         (3) The Secretary of Environmental Protection shall
   77  transfer to the Fish and Wildlife Conservation Commission the
   78  number of administrative, auditing, inspector general, attorney,
   79  and operational support positions, including any related powers,
   80  duties, functions, property, and funding, proportionate to the
   81  number of Division of Law Enforcement full-time equivalent and
   82  other personal services positions being transferred from the
   83  department to the commission.
   84         (4) A memorandum of agreement shall be developed between
   85  the department and the commission detailing the responsibilities
   86  of the commission to the department, to include, at a minimum,
   87  the following:
   88         (a) Support and response for oil spills, hazardous spills,
   89  and natural disasters.
   90         (b) Law enforcement patrol and investigative services for
   91  all state-owned lands managed by the department.
   92         (c) Law enforcement services, including investigative
   93  services, for all criminal law violations of chapters 161, 258,
   94  373, 376, and 403, Florida Statutes.
   95         (d) Enforcement services for all civil violations of all
   96  department administrative rules related to the following program
   97  areas:
   98         1. The Division of Recreation and Parks.
   99         2. The Office of Coastal and Aquatic Managed Areas.
  100         3. The Office of Greenways and Trails.
  101         (e) Current and future funding for positions and property
  102  being transferred from the department to the commission which
  103  are funded through any trust fund.
  104         Section 2. (1) All powers, duties, functions, records,
  105  property, pending issues and existing contracts, administrative
  106  authority, administrative rules, and unexpended balances of
  107  appropriations, allocations, and other funds relating to sworn
  108  positions funded by the Conservation and Recreation Lands
  109  Program and assigned to the Florida Forest Service within the
  110  Department of Agriculture and Consumer Services as of July 1,
  111  2011, and the investigator responsible for the enforcement of
  112  aquaculture violations at the Department of Agriculture and
  113  Consumer Services as of July 1, 2011, are transferred by a type
  114  two transfer, as defined in s. 20.06(2), Florida Statutes, to
  115  the Division of Law Enforcement within the Fish and Wildlife
  116  Conservation Commission.
  117         (2) A memorandum of agreement shall be developed between
  118  the department and the commission detailing the responsibilities
  119  between the commission and the department, to include, at a
  120  minimum, the following:
  121         (a) Law enforcement patrol and investigative services for
  122  all state-owned forests managed by the department.
  123         (b) Current and future funding for positions and property
  124  assigned to the Conservation and Recreation Lands Program which
  125  are transferred from the department to the commission.
  126         Section 3. (1) The Secretary of Environmental Protection
  127  and the Executive Director of the Fish and Wildlife Conservation
  128  Commission shall each appoint three staff members to a
  129  transition advisory working group to review and determine the
  130  following:
  131         (a) The appropriate proportionate number of administrative,
  132  auditing, inspector general, attorney, and operational support
  133  positions and their related funding levels and sources and
  134  assigned property to be transferred from the Office of General
  135  Counsel, the Office of Inspector General, and the Division of
  136  Administrative Services, or other relevant offices or divisions
  137  within the Department of Environmental Protection, to the Fish
  138  and Wildlife Conservation Commission.
  139         (b) The development of a recommended plan addressing the
  140  transfer or shared use of buildings, regional offices, and other
  141  facilities used or owned by the Department of Environmental
  142  Protection.
  143         (c) Any operating budget adjustments that are necessary to
  144  implement the requirements of this act. Adjustments made to the
  145  operating budgets of the department and the commission in the
  146  implementation of this act must be made in consultation with the
  147  appropriate substantive and fiscal committees of the Senate and
  148  the House of Representatives. The revisions to the approved
  149  operating budgets for the 2012-2013 fiscal year which are
  150  necessary to reflect the organizational changes made by this act
  151  shall be implemented pursuant to s. 216.292(4)(d), Florida
  152  Statutes, and subject to s. 216.177, Florida Statutes.
  153  Subsequent adjustments between agencies which are determined
  154  necessary by the department or commission and approved by the
  155  Executive Office of the Governor are authorized and subject to
  156  s. 216.177, Florida Statutes. The appropriate substantive
  157  committees of the Senate and the House of Representatives shall
  158  also be notified of the proposed revisions to ensure consistency
  159  with legislative policy and intent.
  160         (2) The Secretary of Environmental Protection, the
  161  Commissioner of Agriculture, and the Executive Director of the
  162  Fish and Wildlife Conservation Commission shall each appoint two
  163  staff members to a transition advisory working group to identify
  164  rules of the Department of Environmental Protection, the Board
  165  of Trustees of the Internal Improvement Trust Fund, the
  166  Department of Agriculture and Consumer Services, and the Fish
  167  and Wildlife Conservation Commission which need to be amended to
  168  reflect the changes made by this act.
  169         Section 4. (1) The Fish and Wildlife Conservation
  170  Commission is assigned all powers, duties, responsibilities,
  171  functions, positions, and property necessary for enforcement of
  172  the laws and rules governing:
  173         (a) Management, protection, conservation, improvement, and
  174  expansion of the state-owned lands managed by the Department of
  175  Environmental Protection, including state parks, coastal and
  176  aquatic managed areas, and greenways and trails.
  177         (b) Conservation and recreation lands and commercial
  178  aquaculture managed by the Department of Agriculture and
  179  Consumer Services.
  180         (2) Law enforcement officers of the Fish and Wildlife
  181  Conservation Commission are conferred full power to investigate
  182  and arrest for any violation of the rules of the Department of
  183  Agriculture and Consumer Services, the Department of
  184  Environmental Protection, and the Board of Trustees of the
  185  Internal Improvement Trust Fund.
  186         Section 5. (1) Notwithstanding ss. 110.2035 and 216.251,
  187  Florida Statutes, the Division of Law Enforcement within the
  188  Fish and Wildlife Conservation Commission may use available
  189  funds to provide for general salary increases or pay additives
  190  for positions sharing the same job classification or job
  191  occupations in order to bring pay parity between positions of
  192  the Fish and Wildlife Conservation Commission and the positions
  193  transferring to the commission from the Department of
  194  Agriculture and Consumer Services and the Department of
  195  Environmental Protection and for those positions assuming
  196  significant additional duties or an increased work load as a
  197  result of this act.
  198         (2) Notwithstanding chapter 60K-5, Florida Administrative
  199  Code, or any provision of law to the contrary, employees who are
  200  transferred from the Department of Environmental Protection and
  201  the Department of Agriculture and Consumer Services to fill
  202  positions transferred to the Fish and Wildlife Conservation
  203  Commission shall retain and transfer any accrued annual leave,
  204  sick leave, and regular and special compensatory leave balances.
  205         Section 6. Part IV of chapter 258, Florida Statutes,
  206  consisting of section 258.601, is created to read:
  207                               PART IV                             
  208                      MISCELLANEOUS PROVISIONS                     
  209         258.601 Enforcement of prohibited activities.—Prohibited
  210  activities under this chapter shall be enforced by the
  211  Department of Environmental Protection and the Division of Law
  212  Enforcement of the Fish and Wildlife Conservation Commission and
  213  its officers.
  214         Section 7. Subsections (5) through (8) of section 20.255,
  215  Florida Statutes, are renumbered as subsections (4) through (7),
  216  respectively, and present subsections (2), (3), and (4) of that
  217  section are amended to read:
  218         20.255 Department of Environmental Protection.—There is
  219  created a Department of Environmental Protection.
  220         (2)(a) There shall be three deputy secretaries who are to
  221  be appointed by and shall serve at the pleasure of the
  222  secretary. The secretary may assign any deputy secretary the
  223  responsibility to supervise, coordinate, and formulate policy
  224  for any division, office, or district. The following special
  225  offices are established and headed by managers, each of whom is
  226  to be appointed by and serve at the pleasure of the secretary:
  227         1. Office of Chief of Staff;
  228         2. Office of General Counsel;
  229         3. Office of Inspector General;
  230         4. Office of External Affairs;
  231         5. Office of Legislative Affairs;
  232         6. Office of Intergovernmental Programs; and
  233         7. Office of Greenways and Trails; and.
  234         8. Office of Emergency Management.
  235         (b) There shall be six administrative districts involved in
  236  regulatory matters of waste management, water resource
  237  management, wetlands, and air resources, which shall be headed
  238  by managers, each of whom is to be appointed by and serve at the
  239  pleasure of the secretary. Divisions of the department may have
  240  one assistant or two deputy division directors, as required to
  241  facilitate effective operation.
  242  
  243  The managers of all divisions and offices specifically named in
  244  this section and the directors of the six administrative
  245  districts are exempt from part II of chapter 110 and are
  246  included in the Senior Management Service in accordance with s.
  247  110.205(2)(j).
  248         (3) The following divisions of the Department of
  249  Environmental Protection are established:
  250         (a) Division of Administrative Services.
  251         (b) Division of Air Resource Management.
  252         (c) Division of Water Resource Management.
  253         (d) Division of Law Enforcement.
  254         (d)(e) Division of Environmental Assessment and
  255  Restoration.
  256         (e)(f) Division of Waste Management.
  257         (f)(g) Division of Recreation and Parks.
  258         (g)(h) Division of State Lands, the director of which is to
  259  be appointed by the secretary of the department, subject to
  260  confirmation by the Governor and Cabinet sitting as the Board of
  261  Trustees of the Internal Improvement Trust Fund.
  262  
  263  In order to ensure statewide and intradepartmental consistency,
  264  the department’s divisions shall direct the district offices and
  265  bureaus on matters of interpretation and applicability of the
  266  department’s rules and programs.
  267         (4) Law enforcement officers of the Department of
  268  Environmental Protection who meet the provisions of s. 943.13
  269  are constituted law enforcement officers of this state with full
  270  power to investigate and arrest for any violation of the laws of
  271  this state, and the rules of the department and the Board of
  272  Trustees of the Internal Improvement Trust Fund. The general
  273  laws applicable to investigations, searches, and arrests by
  274  peace officers of this state apply to such law enforcement
  275  officers.
  276         Section 8. Subsection (1) of section 258.008, Florida
  277  Statutes, is amended to read:
  278         258.008 Prohibited activities; penalties.—
  279         (1) Except as provided in subsection (3), any person who
  280  violates or otherwise fails to comply with the rules adopted
  281  under this chapter commits a noncriminal infraction for which
  282  ejection from all property managed by the Division of Recreation
  283  and Parks and a fine of up to $500 may be imposed by the
  284  division. Fines paid under this subsection shall be paid to the
  285  Fish and Wildlife Conservation Commission Department of
  286  Environmental Protection and deposited in the State Game Park
  287  Trust Fund as provided in ss. 379.338, 379.339, and 379.3395.
  288         Section 9. Subsection (16) of section 258.501, Florida
  289  Statutes, is amended to read:
  290         258.501 Myakka River; wild and scenic segment.—
  291         (16) ENFORCEMENT.—Officers of The Fish and Wildlife
  292  Conservation Commission and the department shall have full
  293  authority to enforce any rule adopted by the department under
  294  this section with the same police powers given them by law to
  295  enforce the rules of state parks and the rules pertaining to
  296  saltwater areas under the jurisdiction of the Florida Marine
  297  Patrol.
  298         Section 10. Paragraph (a) of subsection (2) of section
  299  282.709, Florida Statutes, is amended to read:
  300         282.709 State agency law enforcement radio system and
  301  interoperability network.—
  302         (2) The Joint Task Force on State Agency Law Enforcement
  303  Communications is created adjunct to the department to advise
  304  the department of member-agency needs relating to the planning,
  305  designing, and establishment of the statewide communication
  306  system.
  307         (a) The Joint Task Force on State Agency Law Enforcement
  308  Communications shall consist of the following eight members, as
  309  follows:
  310         1. A representative of the Division of Alcoholic Beverages
  311  and Tobacco of the Department of Business and Professional
  312  Regulation who shall be appointed by the secretary of the
  313  department.
  314         2. A representative of the Division of Florida Highway
  315  Patrol of the Department of Highway Safety and Motor Vehicles
  316  who shall be appointed by the executive director of the
  317  department.
  318         3. A representative of the Department of Law Enforcement
  319  who shall be appointed by the executive director of the
  320  department.
  321         4. A representative of the Fish and Wildlife Conservation
  322  Commission who shall be appointed by the executive director of
  323  the commission.
  324         5. A representative of the Division of Law Enforcement of
  325  the Department of Environmental Protection who shall be
  326  appointed by the secretary of the department.
  327         5.6. A representative of the Department of Corrections who
  328  shall be appointed by the secretary of the department.
  329         6.7. A representative of the Division of State Fire Marshal
  330  of the Department of Financial Services who shall be appointed
  331  by the State Fire Marshal.
  332         7.8. A representative of the Department of Transportation
  333  who shall be appointed by the secretary of the department.
  334         Section 11. Subsection (1) of section 316.003, Florida
  335  Statutes, is amended to read:
  336         316.003 Definitions.—The following words and phrases, when
  337  used in this chapter, shall have the meanings respectively
  338  ascribed to them in this section, except where the context
  339  otherwise requires:
  340         (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
  341  department (fire patrol), police vehicles, and such ambulances
  342  and emergency vehicles of municipal departments, public service
  343  corporations operated by private corporations, the Department of
  344  Environmental Protection, the Fish and Wildlife Conservation
  345  Commission, the Department of Health, the Department of
  346  Transportation, and the Department of Corrections as are
  347  designated or authorized by their respective department or the
  348  chief of police of an incorporated city or any sheriff of any of
  349  the various counties.
  350         Section 12. Subsections (3) and (9) of section 316.2397,
  351  Florida Statutes, are amended to read:
  352         316.2397 Certain lights prohibited; exceptions.—
  353         (3) Vehicles of the fire department and fire patrol,
  354  including vehicles of volunteer firefighters as permitted under
  355  s. 316.2398, vehicles of medical staff physicians or technicians
  356  of medical facilities licensed by the state as authorized under
  357  s. 316.2398, ambulances as authorized under this chapter, and
  358  buses and taxicabs as authorized under s. 316.2399 may are
  359  permitted to show or display red lights. Vehicles of the fire
  360  department, fire patrol, police vehicles, and such ambulances
  361  and emergency vehicles of municipal and county departments,
  362  public service corporations operated by private corporations,
  363  the Fish and Wildlife Conservation Commission, the Department of
  364  Environmental Protection, the Department of Transportation, the
  365  Department of Agriculture and Consumer Services, and the
  366  Department of Corrections as are designated or authorized by
  367  their respective department or the chief of police of an
  368  incorporated city or any sheriff of any county may are hereby
  369  authorized to operate emergency lights and sirens in an
  370  emergency. Wreckers, mosquito control fog and spray vehicles,
  371  and emergency vehicles of governmental departments or public
  372  service corporations may show or display amber lights when in
  373  actual operation or when a hazard exists provided they are not
  374  used going to and from the scene of operation or hazard without
  375  specific authorization of a law enforcement officer or law
  376  enforcement agency. Wreckers must use amber rotating or flashing
  377  lights while performing recoveries and loading on the roadside
  378  day or night, and may use such lights while towing a vehicle on
  379  wheel lifts, slings, or under reach if the operator of the
  380  wrecker deems such lights necessary. A flatbed, car carrier, or
  381  rollback may not use amber rotating or flashing lights when
  382  hauling a vehicle on the bed unless it creates a hazard to other
  383  motorists because of protruding objects. Further, escort
  384  vehicles may show or display amber lights when in the actual
  385  process of escorting overdimensioned equipment, material, or
  386  buildings as authorized by law. Vehicles owned or leased by
  387  private security agencies may show or display green and amber
  388  lights, with either color being no greater than 50 percent of
  389  the lights displayed, while the security personnel are engaged
  390  in security duties on private or public property.
  391         (9) Flashing red lights may be used by emergency response
  392  vehicles of the Fish and Wildlife Conservation Commission, the
  393  Department of Environmental Protection and the Department of
  394  Health when responding to an emergency in the line of duty.
  395         Section 13. Paragraph (a) of subsection (1) of section
  396  316.640, Florida Statutes, is amended to read:
  397         316.640 Enforcement.—The enforcement of the traffic laws of
  398  this state is vested as follows:
  399         (1) STATE.—
  400         (a)1.a. The Division of Florida Highway Patrol of the
  401  Department of Highway Safety and Motor Vehicles; the Division of
  402  Law Enforcement of the Fish and Wildlife Conservation
  403  Commission; the Division of Law Enforcement of the Department of
  404  Environmental Protection; and the agents, inspectors, and
  405  officers of the Department of Law Enforcement each have
  406  authority to enforce all of the traffic laws of this state on
  407  all the streets and highways thereof and elsewhere throughout
  408  the state wherever the public has a right to travel by motor
  409  vehicle.
  410         b. University police officers may shall have authority to
  411  enforce all of the traffic laws of this state when violations
  412  occur on or within 1,000 feet of any property or facilities that
  413  are under the guidance, supervision, regulation, or control of a
  414  state university, a direct-support organization of such state
  415  university, or any other organization controlled by the state
  416  university or a direct-support organization of the state
  417  university, or when such violations occur within a specified
  418  jurisdictional area as agreed upon in a mutual aid agreement
  419  entered into with a law enforcement agency pursuant to s.
  420  23.1225(1). Traffic laws may also be enforced off-campus when
  421  hot pursuit originates on or within 1,000 feet of any such
  422  property or facilities, or as agreed upon in accordance with the
  423  mutual aid agreement.
  424         c. Community college police officers may shall have the
  425  authority to enforce all the traffic laws of this state only
  426  when such violations occur on any property or facilities that
  427  are under the guidance, supervision, regulation, or control of
  428  the community college system.
  429         d. Police officers employed by an airport authority may
  430  shall have the authority to enforce all of the traffic laws of
  431  this state only when such violations occur on any property or
  432  facilities that are owned or operated by an airport authority.
  433         (I) An airport authority may employ as a parking
  434  enforcement specialist any individual who successfully completes
  435  a training program established and approved by the Criminal
  436  Justice Standards and Training Commission for parking
  437  enforcement specialists but who does not otherwise meet the
  438  uniform minimum standards established by the commission for law
  439  enforcement officers or auxiliary or part-time officers under s.
  440  943.12. Nothing in This sub-sub-subparagraph does not shall be
  441  construed to permit the carrying of firearms or other weapons,
  442  nor shall such parking enforcement specialist have arrest
  443  authority.
  444         (II) A parking enforcement specialist employed by an
  445  airport authority may is authorized to enforce all state,
  446  county, and municipal laws and ordinances governing parking only
  447  when such violations are on property or facilities owned or
  448  operated by the airport authority employing the specialist, by
  449  appropriate state, county, or municipal traffic citation.
  450         e. The Office of Agricultural Law Enforcement of the
  451  Department of Agriculture and Consumer Services may shall have
  452  the authority to enforce traffic laws of this state.
  453         f. School safety officers may shall have the authority to
  454  enforce all of the traffic laws of this state when such
  455  violations occur on or about any property or facilities which
  456  are under the guidance, supervision, regulation, or control of
  457  the district school board.
  458         2. An agency of the state as described in subparagraph 1.
  459  is prohibited from establishing a traffic citation quota. A
  460  violation of this subparagraph is not subject to the penalties
  461  provided in chapter 318.
  462         3. Any disciplinary action taken or performance evaluation
  463  conducted by an agency of the state as described in subparagraph
  464  1. of a law enforcement officer’s traffic enforcement activity
  465  must be in accordance with written work-performance standards.
  466  Such standards must be approved by the agency and any collective
  467  bargaining unit representing such law enforcement officer. A
  468  violation of this subparagraph is not subject to the penalties
  469  provided in chapter 318.
  470         4. The Division of the Florida Highway Patrol may employ as
  471  a traffic accident investigation officer any individual who
  472  successfully completes instruction in traffic accident
  473  investigation and court presentation through the Selective
  474  Traffic Enforcement Program as approved by the Criminal Justice
  475  Standards and Training Commission and funded through the
  476  National Highway Traffic Safety Administration or a similar
  477  program approved by the commission, but who does not necessarily
  478  meet the uniform minimum standards established by the commission
  479  for law enforcement officers or auxiliary law enforcement
  480  officers under chapter 943. Any such traffic accident
  481  investigation officer who makes an investigation at the scene of
  482  a traffic accident may issue traffic citations, based upon
  483  personal investigation, when he or she has reasonable and
  484  probable grounds to believe that a person who was involved in
  485  the accident committed an offense under this chapter, chapter
  486  319, chapter 320, or chapter 322 in connection with the
  487  accident. This subparagraph does not permit the officer to carry
  488  firearms or other weapons, and such an officer does not have
  489  authority to make arrests.
  490         Section 14. Subsection (4) of section 375.041, Florida
  491  Statutes, is amended to read:
  492         375.041 Land Acquisition Trust Fund.—
  493         (4) The department may disburse moneys in the Land
  494  Acquisition Trust Fund to pay all necessary expenses to carry
  495  out the purposes of this act. The department shall disburse
  496  moneys from the Land Acquisition Trust Fund to the Fish and
  497  Wildlife Conservation Commission for the purpose of funding law
  498  enforcement services on state lands.
  499         Section 15. Subsection (5) of section 376.065, Florida
  500  Statutes, is amended to read:
  501         376.065 Operation of terminal facility without discharge
  502  prevention and response certificate prohibited; penalty.—
  503         (5)(a) A Any person who violates this section or the terms
  504  and requirements of such certification commits a noncriminal
  505  infraction. The civil penalty for any such infraction shall be
  506  $500, except as otherwise provided in this section.
  507         (b) A Any person cited for an infraction under this section
  508  may:
  509         1. Pay the civil penalty;
  510         2. Post a 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 the provisions of subparagraph
  523  (b)2. or subparagraph (b)3., a any person charged with a
  524  noncriminal 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 so appear waives the limitations of
  537  the civil penalty specified in paragraph (a). The court, after a
  538  hearing, shall make a determination as to whether an infraction
  539  has been committed. If the commission of the infraction is
  540  proved, the court shall impose a civil penalty of $500.
  541         (f) At a hearing under this subsection, the commission of a
  542  charged infraction must be proved by the greater weight of the
  543  evidence.
  544         (g) A person who is found by the hearing official to have
  545  committed an infraction may appeal that finding to the circuit
  546  court.
  547         (h) A Any person who has not posted bond and who fails
  548  either to pay the fine specified in paragraph (a) within 30 days
  549  after receipt of the citation or to appear before the court
  550  commits a misdemeanor of the second degree, punishable as
  551  provided in s. 775.082 or s. 775.083.
  552         Section 16. Subsection (3) of section 376.07, Florida
  553  Statutes, is amended to read:
  554         376.07 Regulatory powers of department; penalties for
  555  inadequate booming by terminal facilities.—
  556         (3) The department shall not require vessels to maintain
  557  discharge prevention gear, holding tanks, and containment gear
  558  which exceed federal requirements. However, a terminal facility
  559  transferring heavy oil to or from a vessel with a heavy oil
  560  storage capacity greater than 10,000 gallons shall be required,
  561  considering existing weather and tidal conditions, to adequately
  562  boom or seal off the transfer area during a transfer, including,
  563  but not limited to, a bunkering operation, to minimize the
  564  escape of such pollutants from the containment area. As used in
  565  this subsection, the term “adequate booming” means booming with
  566  proper containment equipment which is employed and located for
  567  the purpose of preventing, for the most likely discharge, as
  568  much of the pollutant as possible from escaping out of the
  569  containment area.
  570         (a) The owner or operator of a terminal facility involved
  571  in the transfer of such pollutant to or from a vessel which is
  572  not adequately boomed commits a noncriminal infraction and shall
  573  be cited for such infraction. The civil penalty for such an
  574  infraction shall be $2,500, except as otherwise provided in this
  575  section.
  576         (b) A Any person cited for an infraction under this section
  577  may:
  578         1. Pay the civil penalty;
  579         2. Post bond equal to the amount of the applicable civil
  580  penalty; or
  581         3. Sign and accept a citation indicating a promise to
  582  appear before the county court.
  583  
  584  The department employee officer authorized to issue these
  585  citations may indicate on the citation the time and location of
  586  the scheduled hearing and shall indicate the applicable civil
  587  penalty.
  588         (c) A Any person who willfully refuses to post bond or
  589  accept and sign a citation commits a misdemeanor of the second
  590  degree, punishable as provided in s. 775.082 or s. 775.083.
  591         (d) After compliance with subparagraph (b)2. or
  592  subparagraph (b)3., a any person charged with a noncriminal
  593  infraction under this section may:
  594         1. Pay the civil penalty, either by mail or in person,
  595  within 30 days after the date of receiving the citation; or
  596         2. If the person has posted bond, forfeit the bond by not
  597  appearing at the designated time and location.
  598  
  599  A person cited for an infraction under this section who pays the
  600  civil penalty or forfeits the bond has admitted the infraction
  601  and waives the right to a hearing on the issue of commission of
  602  the infraction. Such admission may not be used as evidence in
  603  any other proceedings.
  604         (e) A Any person who elects to appear before the county
  605  court or who is required to appear waives the limitations of the
  606  civil penalty specified in paragraph (a). The issue of whether
  607  an infraction has been committed and the severity of the
  608  infraction shall be determined by a hearing official at a
  609  hearing. If the commission of the infraction is proved by the
  610  greater weight of the evidence, the court shall impose a civil
  611  penalty of $2,500. If the court determines that the owner or
  612  operator of the terminal facility failed to deploy any boom
  613  equipment during such a transfer, including, but not limited to,
  614  a bunkering operation, the civil penalty shall be $5,000.
  615         (f) A person who is found by the hearing official to have
  616  committed an infraction may appeal that finding to the circuit
  617  court.
  618         (g) A Any person who has not posted bond and who fails
  619  either to pay the civil penalty specified in paragraph (a)
  620  within 30 days after receipt of the citation or to appear before
  621  the court commits a misdemeanor of the second degree, punishable
  622  as provided in s. 775.082 or s. 775.083.
  623         Section 17. Subsection (2) of section 376.071, Florida
  624  Statutes, is amended to read:
  625         376.071 Discharge contingency plan for vessels.—
  626         (2)(a) A Any master of a vessel that which violates
  627  subsection (1) commits a noncriminal infraction and shall be
  628  cited for such infraction. The civil penalty for such an
  629  infraction shall be $5,000, except as otherwise provided in this
  630  subsection.
  631         (b) A Any person charged with a noncriminal infraction
  632  under this section may:
  633         1. Pay the civil penalty;
  634         2. Post bond equal to the amount of the applicable civil
  635  penalty; or
  636         3. Sign and accept a citation indicating a promise to
  637  appear before the county court for the county in which the
  638  violation occurred or the county closest to the location at
  639  which the violation occurred.
  640  
  641  The department employee officer authorized to issue these
  642  citations may indicate on the citation the time and location of
  643  the scheduled hearing and shall indicate the applicable civil
  644  penalty.
  645         (c) A Any person who willfully refuses to post bond or
  646  accept and sign a citation commits a misdemeanor of the second
  647  degree, punishable as provided in s. 775.082 or s. 775.083.
  648         (d) After complying with the provisions of subparagraph
  649  (b)2. or subparagraph (b)3., a any person charged with a
  650  noncriminal infraction under this section may:
  651         1. Pay the civil penalty, either by mail or in person,
  652  within 30 days after the date of receiving the citation; or
  653         2. If the person has posted bond, forfeit the bond by not
  654  appearing at the designated time and location.
  655  
  656  A person cited for an infraction under this section who pays the
  657  civil penalty or forfeits the bond has admitted the infraction
  658  and waives the right to a hearing on the issue of commission of
  659  the infraction. Such admission may not be used as evidence in
  660  any other proceedings.
  661         (e) A Any person who elects to appear before the county
  662  court or who is required to appear waives the limitations of the
  663  civil penalty specified in paragraph (a). The court, after a
  664  hearing, shall make a determination as to whether an infraction
  665  has been committed. If the commission of the infraction is
  666  proved, the court shall impose a civil penalty of $5,000.
  667         (f) At a hearing under this subsection, the commission of a
  668  charged infraction must be proved by the greater weight of the
  669  evidence.
  670         (g) A person who is found by the hearing official to have
  671  committed an infraction may appeal that finding to the circuit
  672  court.
  673         (h) A Any person who has not posted bond and who fails
  674  either to pay the civil penalty specified in paragraph (a)
  675  within 30 days after receipt of the citation or to appear before
  676  the court commits a misdemeanor of the second degree, punishable
  677  as provided in s. 775.082 or s. 775.083.
  678         Section 18. Subsection (4) of section 376.16, Florida
  679  Statutes, is amended to read:
  680         376.16 Enforcement and penalties.—
  681         (4) A Any person charged with a noncriminal infraction
  682  pursuant to subsection (2) or subsection (3) may:
  683         (a) Pay the civil penalty;
  684         (b) Post a bond equal to the amount of the applicable civil
  685  penalty; or
  686         (c) Sign and accept a citation indicating a promise to
  687  appear before the county court.
  688  
  689  The department employee officer authorized to issue these
  690  citations may indicate on the citation the time and location of
  691  the scheduled hearing and shall indicate the applicable civil
  692  penalty.
  693         Section 19. Paragraph (q) is added to subsection (4) of
  694  section 376.3071, Florida Statutes, to read:
  695         376.3071 Inland Protection Trust Fund; creation; purposes;
  696  funding.—
  697         (4) USES.—Whenever, in its determination, incidents of
  698  inland contamination related to the storage of petroleum or
  699  petroleum products may pose a threat to the environment or the
  700  public health, safety, or welfare, the department shall obligate
  701  moneys available in the fund to provide for:
  702         (q) Enforcement of this section and ss. 376.30-376.317 by
  703  the Fish and Wildlife Conservation Commission. The department
  704  shall disburse moneys to the commission for such purpose.
  705  
  706  The Inland Protection Trust Fund may only be used to fund the
  707  activities in ss. 376.30-376.317 except ss. 376.3078 and
  708  376.3079. Amounts on deposit in the Inland Protection Trust Fund
  709  in each fiscal year shall first be applied or allocated for the
  710  payment of amounts payable by the department pursuant to
  711  paragraph (o) under a service contract entered into by the
  712  department pursuant to s. 376.3075 and appropriated in each year
  713  by the Legislature prior to making or providing for other
  714  disbursements from the fund. Nothing in this subsection shall
  715  authorize the use of the Inland Protection Trust Fund for
  716  cleanup of contamination caused primarily by a discharge of
  717  solvents as defined in s. 206.9925(6), or polychlorinated
  718  biphenyls when their presence causes them to be hazardous
  719  wastes, except solvent contamination which is the result of
  720  chemical or physical breakdown of petroleum products and is
  721  otherwise eligible. Facilities used primarily for the storage of
  722  motor or diesel fuels as defined in ss. 206.01 and 206.86 shall
  723  be presumed not to be excluded from eligibility pursuant to this
  724  section.
  725         Section 20. Section 379.3311, Florida Statutes, is amended
  726  to read:
  727         379.3311 Police powers of commission and its agents.—
  728         (1) The Fish and Wildlife Conservation commission, the
  729  executive director and the executive director’s assistants
  730  designated by her or him, and each commission wildlife officer
  731  are constituted peace officers with the power to make arrests
  732  for violations of the laws of this state when committed in the
  733  presence of the officer or when committed on lands under the
  734  supervision and management of the commission, the department,
  735  the Board of Trustees of the Internal Improvement Trust Fund, or
  736  the Department of Agricultural and Consumer Services, including
  737  state parks, coastal and aquatic managed areas, and greenways
  738  and trails. The general laws applicable to arrests by peace
  739  officers of this state shall also be applicable to the said
  740  director, assistants, and wildlife officers. Such persons may
  741  enter upon any land or waters of the state for performance of
  742  their lawful duties and may take with them any necessary
  743  equipment, and such entry does shall not constitute a trespass.
  744         (2) Such officers may shall have power and authority to
  745  enforce throughout the state all laws relating to game, nongame
  746  birds, fish, and fur-bearing animals and all rules and
  747  regulations of the Fish and Wildlife Conservation commission
  748  relating to wild animal life, marine life, and freshwater
  749  aquatic life, and in connection with the said laws, rules, and
  750  regulations, in the enforcement thereof and in the performance
  751  of their duties thereunder, to:
  752         (a) Go upon all premises, posted or otherwise;
  753         (b) Execute warrants and search warrants for the violation
  754  of the said laws;
  755         (c) Serve subpoenas issued for the examination,
  756  investigation, and trial of all offenses against the said laws;
  757         (d) Carry firearms or other weapons, concealed or
  758  otherwise, in the performance of their duties;
  759         (e) Arrest upon probable cause without warrant any person
  760  found in the act of violating any such of the provisions of said
  761  laws or, in pursuit immediately following such violations, to
  762  examine any person, boat, conveyance, vehicle, game bag, game
  763  coat, or other receptacle for wild animal life, marine life, or
  764  freshwater aquatic life, or any camp, tent, cabin, or roster, in
  765  the presence of any person stopping at or belonging to such
  766  camp, tent, cabin, or roster, when the said officer has reason
  767  to believe, and has exhibited her or his authority and stated to
  768  the suspected person in charge the officer’s reason for
  769  believing, that any of the aforesaid laws have been violated at
  770  such camp;
  771         (f) Secure and execute search warrants and in pursuance
  772  thereof to enter any building, enclosure, or car and to break
  773  open, when found necessary, any apartment, chest, locker, box,
  774  trunk, crate, basket, bag, package, or container and examine the
  775  contents thereof;
  776         (g) Seize and take possession of all wild animal life,
  777  marine life, or freshwater aquatic life taken or in possession
  778  or under control of, or shipped or about to be shipped by, any
  779  person at any time in any manner contrary to the said laws.
  780         (3) It is unlawful for a any person to resist an arrest
  781  authorized by this section or in any manner to interfere, either
  782  by abetting, assisting such resistance, or otherwise interfering
  783  with the said executive director, assistants, or wildlife
  784  officers while engaged in the performance of the duties imposed
  785  upon them by law or regulation of the Fish and Wildlife
  786  Conservation commission, the department, the Board of Trustees
  787  of the Internal Improvement Trust Fund, or the Department of
  788  Agriculture and Consumer Services.
  789         (4) Upon final disposition of any alleged offense for which
  790  a citation for any violation of this chapter or the rules of the
  791  commission has been issued, the court shall, within 10 days
  792  after the final disposition of the action, certify the
  793  disposition to the commission.
  794         Section 21. Section 379.3312, Florida Statutes, is amended
  795  to read:
  796         379.3312 Powers of arrest by agents of Department of
  797  Environmental Protection or Fish and Wildlife Conservation
  798  commission.—Any certified law enforcement officer of the
  799  Department of Environmental Protection or the Fish and Wildlife
  800  Conservation commission, upon receiving information, relayed to
  801  her or him from any law enforcement officer stationed on the
  802  ground, on the water, or in the air, that a driver, operator, or
  803  occupant of any vehicle, boat, or airboat has violated any
  804  section of chapter 327, chapter 328, or this chapter, or s.
  805  597.010 or s. 597.020, may arrest the driver, operator, or
  806  occupant for violation of such said laws when reasonable and
  807  proper identification of the vehicle, boat, or airboat and
  808  reasonable and probable grounds to believe that the driver,
  809  operator, or occupant has committed or is committing any such
  810  offense have been communicated to the arresting officer by the
  811  other officer stationed on the ground, on the water, or in the
  812  air.
  813         Section 22. Subsection (1) of section 379.3313, Florida
  814  Statutes, is amended to read:
  815         379.3313 Powers of commission law enforcement officers.—
  816         (1) Law enforcement officers of the commission are
  817  constituted law enforcement officers of this state with full
  818  power to investigate and arrest for any violation of the laws of
  819  this state and the rules of the commission, the department, the
  820  Board of Trustees of the Internal Improvement Trust Fund, and
  821  the Department of Agriculture and Consumer Services under their
  822  jurisdiction. The general laws applicable to arrests by peace
  823  officers of this state shall also be applicable to law
  824  enforcement officers of the commission. Such law enforcement
  825  officers may enter upon any land or waters of the state for
  826  performance of their lawful duties and may take with them any
  827  necessary equipment, and such entry will not constitute a
  828  trespass. It is lawful for any boat, motor vehicle, or aircraft
  829  owned or chartered by the commission or its agents or employees
  830  to land on and depart from any of the beaches or waters of the
  831  state. Such law enforcement officers have the authority, without
  832  warrant, to board, inspect, and search any boat, fishing
  833  appliance, storage or processing plant, fishhouse, spongehouse,
  834  oysterhouse, or other warehouse, building, or vehicle engaged in
  835  transporting or storing any fish or fishery products. Such
  836  authority to search and inspect without a search warrant is
  837  limited to those cases in which such law enforcement officers
  838  have reason to believe that fish or any saltwater products are
  839  taken or kept for sale, barter, transportation, or other
  840  purposes in violation of laws or rules adopted promulgated under
  841  this law. Any Such law enforcement officers officer may at any
  842  time seize or take possession of any saltwater products or
  843  contraband which have been unlawfully caught, taken, or
  844  processed or which are unlawfully possessed or transported in
  845  violation of any of the laws of this state or any rule of the
  846  commission. Such law enforcement officers may arrest any person
  847  in the act of violating any of the provisions of this law, the
  848  rules of the commission, or any of the laws of this state. It is
  849  hereby declared unlawful for a any person to resist such arrest
  850  or in any manner interfere, either by abetting or assisting such
  851  resistance or otherwise interfering, with any such law
  852  enforcement officer while engaged in the performance of the
  853  duties imposed upon him or her by law or rule of the commission.
  854         Section 23. Subsections (1) and (2) of section 379.333,
  855  Florida Statutes, are amended to read:
  856         379.333 Arrest by officers of the Fish and Wildlife
  857  Conservation commission; recognizance; cash bond; citation.—
  858         (1) In all cases of arrest by officers of the Fish and
  859  Wildlife Conservation commission and the Department of
  860  Environmental Protection, the person arrested shall be delivered
  861  forthwith by the said officer to the sheriff of the county, or
  862  shall obtain from the such person arrested a recognizance or, if
  863  deemed necessary, a cash bond or other sufficient security
  864  conditioned for her or his appearance before the proper tribunal
  865  of the such county to answer the charge for which the person has
  866  been arrested.
  867         (2) All officers of the commission shall and the department
  868  are hereby directed to deliver all bonds accepted and approved
  869  by them to the sheriff of the county in which the offense is
  870  alleged to have been committed.
  871         Section 24. Subsection (1) of section 379.341, Florida
  872  Statutes, is amended to read:
  873         379.341 Disposition of illegal fishing devices; exercise of
  874  police power.—
  875         (1) In all cases of arrest and conviction for use of
  876  illegal nets or traps or fishing devices, as provided in this
  877  chapter, the such illegal net, trap, or fishing device is
  878  declared to be a nuisance and shall be seized and carried before
  879  the court having jurisdiction of the such offense and the said
  880  court shall order the such illegal trap, net, or fishing device
  881  forfeited to the commission immediately after trial and
  882  conviction of the person in whose possession they were found.
  883  When any illegal net, trap, or fishing device is found in the
  884  fresh waters of the state, and the owner of same is shall not be
  885  known to the officer finding the same, the such officer shall
  886  immediately procure from the county court judge an order
  887  forfeiting the said illegal net, trap, or fishing device to the
  888  commission. The commission may destroy the such illegal net,
  889  trap, or fishing device, if in its judgment the said net, trap,
  890  or fishing device is not of no value in the work of the
  891  commission department.
  892         Section 25. Subsection (2) of section 403.413, Florida
  893  Statutes, is reordered and amended to read:
  894         403.413 Florida Litter Law.—
  895         (2) DEFINITIONS.—As used in this section:
  896         (f)(a) “Litter” means any garbage; rubbish; trash; refuse;
  897  can; bottle; box; container; paper; tobacco product; tire;
  898  appliance; mechanical equipment or part; building or
  899  construction material; tool; machinery; wood; motor vehicle or
  900  motor vehicle part; vessel; aircraft; farm machinery or
  901  equipment; sludge from a waste treatment facility, water supply
  902  treatment plant, or air pollution control facility; or substance
  903  in any form resulting from domestic, industrial, commercial,
  904  mining, agricultural, or governmental operations.
  905         (h)(b) “Person” means any individual, firm, sole
  906  proprietorship, partnership, corporation, or unincorporated
  907  association.
  908         (e)(c) “Law enforcement officer” means any officer of the
  909  Florida Highway Patrol, a county sheriff’s department, a
  910  municipal law enforcement department, a law enforcement
  911  department of any other political subdivision, the department,
  912  or the Fish and Wildlife Conservation Commission. In addition,
  913  and solely for the purposes of this section, “law enforcement
  914  officer” means any employee of a county or municipal park or
  915  recreation department designated by the department head as a
  916  litter enforcement officer.
  917         (a)(d) “Aircraft” means a motor vehicle or other vehicle
  918  that is used or designed to fly but does not include a parachute
  919  or any other device used primarily as safety equipment.
  920         (b)(e) “Commercial purpose” means for the purpose of
  921  economic gain.
  922         (c)(f) “Commercial vehicle” means a vehicle that is owned
  923  or used by a business, corporation, association, partnership, or
  924  sole proprietorship or any other entity conducting business for
  925  a commercial purpose.
  926         (d)(g) “Dump” means to dump, throw, discard, place,
  927  deposit, or dispose of.
  928         (g)(h) “Motor vehicle” means an automobile, motorcycle,
  929  truck, trailer, semitrailer, truck tractor, or semitrailer
  930  combination or any other vehicle that is powered by a motor.
  931         (i) “Vessel” means a boat, barge, or airboat or any other
  932  vehicle used for transportation on water.
  933         Section 26. Paragraph (d) of subsection (1) of section
  934  784.07, Florida Statutes, is amended to read:
  935         784.07 Assault or battery of law enforcement officers,
  936  firefighters, emergency medical care providers, public transit
  937  employees or agents, or other specified officers;
  938  reclassification of offenses; minimum sentences.—
  939         (1) As used in this section, the term:
  940         (d) “Law enforcement officer” includes a law enforcement
  941  officer, a correctional officer, a correctional probation
  942  officer, a part-time law enforcement officer, a part-time
  943  correctional officer, an auxiliary law enforcement officer, and
  944  an auxiliary correctional officer, as those terms are
  945  respectively defined in s. 943.10, and any county probation
  946  officer; an employee or agent of the Department of Corrections
  947  who supervises or provides services to inmates; an officer of
  948  the Parole Commission; a federal law enforcement officer as
  949  defined in s. 901.1505; and law enforcement personnel of the
  950  Fish and Wildlife Conservation Commission, the Department of
  951  Environmental Protection, or the Department of Law Enforcement.
  952         Section 27. Section 843.08, Florida Statutes, is amended to
  953  read:
  954         843.08 Falsely personating officer, etc.—A person who
  955  falsely assumes or pretends to be a sheriff, officer of the
  956  Florida Highway Patrol, officer of the Fish and Wildlife
  957  Conservation Commission, officer of the Department of
  958  Environmental Protection, officer of the Department of
  959  Transportation, officer of the Department of Financial Services,
  960  officer of the Department of Corrections, correctional probation
  961  officer, deputy sheriff, state attorney or assistant state
  962  attorney, statewide prosecutor or assistant statewide
  963  prosecutor, state attorney investigator, coroner, police
  964  officer, lottery special agent or lottery investigator, beverage
  965  enforcement agent, or watchman, or any member of the Parole
  966  Commission and any administrative aide or supervisor employed by
  967  the commission, or any personnel or representative of the
  968  Department of Law Enforcement, or a federal law enforcement
  969  officer as defined in s. 901.1505, and takes upon himself or
  970  herself to act as such, or to require any other person to aid or
  971  assist him or her in a matter pertaining to the duty of any such
  972  officer, commits a felony of the third degree, punishable as
  973  provided in s. 775.082, s. 775.083, or s. 775.084; however, a
  974  person who falsely personates any such officer during the course
  975  of the commission of a felony commits a felony of the second
  976  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  977  775.084.; except that If the commission of the felony results in
  978  the death or personal injury of another human being, the person
  979  commits a felony of the first degree, punishable as provided in
  980  s. 775.082, s. 775.083, or s. 775.084.
  981         Section 28. Section 870.04, Florida Statutes, is amended to
  982  read:
  983         870.04 Specified officers to disperse riotous assembly.—If
  984  any number of persons, whether armed or not, are unlawfully,
  985  riotously or tumultuously assembled in any county, city or
  986  municipality, the sheriff or the sheriff’s deputies, or the
  987  mayor, or any commissioner, council member, alderman or police
  988  officer of the said city or municipality, or any officer or
  989  member of the Florida Highway Patrol, or any officer or agent of
  990  the Fish and Wildlife Conservation Commission, a Department of
  991  Environmental Protection, or beverage enforcement agent, any
  992  personnel or representatives of the Department of Law
  993  Enforcement or its successor, or any other peace officer, shall
  994  go among the persons so assembled, or as near to them as may be
  995  done with safety, and shall in the name of the state command all
  996  the persons so assembled immediately and peaceably to disperse;
  997  and if such persons do not thereupon immediately and peaceably
  998  disperse, such said officers shall command the assistance of all
  999  such persons in seizing, arresting and securing such persons in
 1000  custody.; and If a any person present being so commanded to aid
 1001  and assist in seizing and securing such rioter or persons so
 1002  unlawfully assembled, or in suppressing a such riot or unlawful
 1003  assembly, refuses or neglects to obey such command, or, when
 1004  required by the such officers to depart from the place, refuses
 1005  and neglects to do so, the person shall be deemed one of the
 1006  rioters or persons unlawfully assembled, and may be prosecuted
 1007  and punished accordingly.
 1008         Section 29. Paragraphs (c) through (n) of subsection (6) of
 1009  section 932.7055, Florida Statutes, are redesignated as
 1010  paragraphs (b) through (m), respectively, and present paragraph
 1011  (b) of that subsection is amended to read:
 1012         932.7055 Disposition of liens and forfeited property.—
 1013         (6) If the seizing agency is a state agency, all remaining
 1014  proceeds shall be deposited into the General Revenue Fund.
 1015  However, if the seizing agency is:
 1016         (b) The Department of Environmental Protection, the
 1017  proceeds accrued pursuant to the provisions of the Florida
 1018  Contraband Forfeiture Act shall be deposited into the Internal
 1019  Improvement Trust Fund.
 1020         Section 30. This act shall take effect July 1, 2012.