Florida Senate - 2013                                     SB 454
       
       
       
       By Senator Benacquisto
       
       
       
       
       30-00476A-13                                           2013454__
    1                        A bill to be entitled                      
    2         An act relating to Florida College System police
    3         officers; amending s. 23.1225, F.S.; providing for
    4         mutual aid agreements involving Florida College System
    5         police officers; amending s. 316.640, F.S.; providing
    6         for enforcement of traffic laws in certain areas by
    7         Florida College System police officers; amending s.
    8         1012.88, F.S.; revising provisions relating to the
    9         jurisdictional authority of Florida College System
   10         police officers; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (a) of subsection (1) of section
   15  23.1225, Florida Statutes, is amended to read:
   16         23.1225 Mutual aid agreements.—
   17         (1) The term “mutual aid agreement,” as used in this part,
   18  refers to one of the following types of agreement:
   19         (a) A voluntary cooperation written agreement between two
   20  or more law enforcement agencies, which agreement permits
   21  voluntary cooperation and assistance of a routine law
   22  enforcement nature across jurisdictional lines. The agreement
   23  must specify the nature of the law enforcement assistance to be
   24  rendered, the agency or entity that shall bear any liability
   25  arising from acts undertaken under the agreement, the procedures
   26  for requesting and for authorizing assistance, the agency or
   27  entity that has command and supervisory responsibility, a time
   28  limit for the agreement, the amount of any compensation or
   29  reimbursement to the assisting agency or entity, and any other
   30  terms and conditions necessary to give it effect. Examples of
   31  law enforcement activities that may be addressed in a voluntary
   32  cooperation written agreement include, but are not limited to,
   33  establishing a joint city-county task force on narcotics
   34  smuggling, authorizing school safety officers to enforce laws in
   35  an area within 1,000 feet of a school or school board property,
   36  authorizing state university or Florida College System police
   37  officers to enforce laws within a specified jurisdictional area
   38  as agreed upon in a the voluntary cooperation written agreement,
   39  or establishing a joint city-county traffic enforcement task
   40  force.
   41         Section 2. Paragraph (a) of subsection (1) of section
   42  316.640, Florida Statutes, is amended to read:
   43         316.640 Enforcement.—The enforcement of the traffic laws of
   44  this state is vested as follows:
   45         (1) STATE.—
   46         (a)1.a. The Division of Florida Highway Patrol of the
   47  Department of Highway Safety and Motor Vehicles; the Division of
   48  Law Enforcement of the Fish and Wildlife Conservation
   49  Commission; and the agents, inspectors, and officers of the
   50  Department of Law Enforcement each have authority to enforce all
   51  of the traffic laws of this state on all the streets and
   52  highways thereof and elsewhere throughout the state wherever the
   53  public has a right to travel by motor vehicle.
   54         b. University police officers may enforce all of the
   55  traffic laws of this state when violations occur on or within
   56  1,000 feet of any property or facilities that are under the
   57  guidance, supervision, regulation, or control of a state
   58  university, a direct-support organization of such state
   59  university, or any other organization controlled by the state
   60  university or a direct-support organization of the state
   61  university, or when such violations occur within a specified
   62  jurisdictional area as agreed upon in a mutual aid agreement
   63  entered into with a law enforcement agency pursuant to s.
   64  23.1225(1). Traffic laws may also be enforced off-campus when
   65  hot pursuit originates on or within 1,000 feet of any such
   66  property or facilities, or as agreed upon in accordance with the
   67  mutual aid agreement.
   68         c. Florida Community College System police officers may
   69  enforce all the traffic laws of this state only when such
   70  violations occur on or within 1,000 feet of any property or
   71  facilities that are under the guidance, supervision, regulation,
   72  or control of the Florida College System institution, or when
   73  such violations occur within a specified jurisdictional area as
   74  agreed upon in a mutual aid agreement entered into with a law
   75  enforcement agency pursuant to s. 23.1225. Traffic laws may also
   76  be enforced off-campus when hot pursuit originates on or within
   77  1,000 feet of any such property or facilities, or as agreed upon
   78  in accordance with the mutual aid agreement community college
   79  system.
   80         d. Police officers employed by an airport authority may
   81  enforce all of the traffic laws of this state only when such
   82  violations occur on any property or facilities that are owned or
   83  operated by an airport authority.
   84         (I) An airport authority may employ as a parking
   85  enforcement specialist any individual who successfully completes
   86  a training program established and approved by the Criminal
   87  Justice Standards and Training Commission for parking
   88  enforcement specialists but who does not otherwise meet the
   89  uniform minimum standards established by the commission for law
   90  enforcement officers or auxiliary or part-time officers under s.
   91  943.12. This sub-sub-subparagraph may not be construed to permit
   92  the carrying of firearms or other weapons, nor shall such
   93  parking enforcement specialist have arrest authority.
   94         (II) A parking enforcement specialist employed by an
   95  airport authority may enforce all state, county, and municipal
   96  laws and ordinances governing parking only when such violations
   97  are on property or facilities owned or operated by the airport
   98  authority employing the specialist, by appropriate state,
   99  county, or municipal traffic citation.
  100         e. The Office of Agricultural Law Enforcement of the
  101  Department of Agriculture and Consumer Services may enforce
  102  traffic laws of this state.
  103         f. School safety officers may enforce all of the traffic
  104  laws of this state when such violations occur on or about any
  105  property or facilities that are under the guidance, supervision,
  106  regulation, or control of the district school board.
  107         2. An agency of the state as described in subparagraph 1.
  108  is prohibited from establishing a traffic citation quota. A
  109  violation of this subparagraph is not subject to the penalties
  110  provided in chapter 318.
  111         3. Any disciplinary action taken or performance evaluation
  112  conducted by an agency of the state as described in subparagraph
  113  1. of a law enforcement officer’s traffic enforcement activity
  114  must be in accordance with written work-performance standards.
  115  Such standards must be approved by the agency and any collective
  116  bargaining unit representing such law enforcement officer. A
  117  violation of this subparagraph is not subject to the penalties
  118  provided in chapter 318.
  119         4. The Division of the Florida Highway Patrol may employ as
  120  a traffic accident investigation officer any individual who
  121  successfully completes instruction in traffic accident
  122  investigation and court presentation through the Selective
  123  Traffic Enforcement Program as approved by the Criminal Justice
  124  Standards and Training Commission and funded through the
  125  National Highway Traffic Safety Administration or a similar
  126  program approved by the commission, but who does not necessarily
  127  meet the uniform minimum standards established by the commission
  128  for law enforcement officers or auxiliary law enforcement
  129  officers under chapter 943. Any such traffic accident
  130  investigation officer who makes an investigation at the scene of
  131  a traffic accident may issue traffic citations, based upon
  132  personal investigation, when he or she has reasonable and
  133  probable grounds to believe that a person who was involved in
  134  the accident committed an offense under this chapter, chapter
  135  319, chapter 320, or chapter 322 in connection with the
  136  accident. This subparagraph does not permit the officer to carry
  137  firearms or other weapons, and such an officer does not have
  138  authority to make arrests.
  139         Section 3. Subsection (2) of section 1012.88, Florida
  140  Statutes, is amended to read:
  141         1012.88 Florida College System institution police.—
  142         (2) Each Florida College System institution police officer
  143  is a law enforcement officer of the state and a conservator of
  144  the peace who has the authority to arrest, in accordance with
  145  the laws of this state, any person for a violation of state law
  146  or applicable county or municipal ordinance if that violation
  147  occurs on or in any property or facilities or within 1,000 feet
  148  of any property of the Florida College System institution by
  149  which he or she is employed or any property or facilities of a
  150  direct-support organization of such Florida College System
  151  institution or any other organization controlled by the Florida
  152  College System institution, or when such violations occur within
  153  a specified jurisdictional area as agreed upon in a mutual aid
  154  agreement entered into with a law enforcement agency pursuant to
  155  s. 23.1225. A Florida College System institution police officer
  156  may also arrest a person off campus for a violation committed on
  157  campus after a hot pursuit of that person that began on or
  158  within 1,000 feet of any such property or facilities. A Florida
  159  College System institution police officer may bear arms in the
  160  performance of his or her duties and carry out a search pursuant
  161  to a search warrant on the campus where he or she is employed.
  162  Florida College System institution police, upon request of the
  163  sheriff or local police authority, may serve subpoenas or other
  164  legal process and may make arrests of persons against whom
  165  arrest warrants have been issued or against whom charges have
  166  been made for violations of federal or state laws or county or
  167  municipal ordinances.
  168         Section 4. This act shall take effect July 1, 2013.