Florida Senate - 2019 SB 1502
By Senator Bradley
5-01683B-19 20191502__
1 A bill to be entitled
2 An act relating to the Department of Environmental
3 Protection; transferring and reassigning functions and
4 responsibilities of the Division of Law Enforcement
5 relating to investigators of environmental crimes
6 within the Fish and Wildlife Conservation Commission
7 to the Division of Law Enforcement of the Department
8 of Environmental Protection; providing requirements
9 for a memorandum of agreement between the department
10 and the commission regarding the responsibilities of
11 the department and the commission; transferring
12 personnel and equipment within the department’s Office
13 of Emergency Response to the department’s Division of
14 Law Enforcement; providing for a transition advisory
15 working group; providing for the retention and
16 transfer of specified benefits for employees who are
17 transferred from the commission to fill positions
18 transferred to the department; amending s. 20.255,
19 F.S.; establishing the Division of Law Enforcement
20 within the department; providing law enforcement
21 officers of the department who meet certain
22 requirements with specified authority, subject to
23 applicable law; amending ss. 258.004, 258.008,
24 258.501, 282.709, 316.640, 376.3071, 403.413, 784.07,
25 843.08, 843.085, 870.04, and 932.7055, F.S.;
26 conforming provisions to changes made by the act;
27 reenacting s. 790.166(8)(a), F.S., relating to the
28 manufacture, possession, sale, delivery, display, use
29 or attempted or threatened use of a weapon of mass
30 destruction or hoax weapon of mass destruction
31 prohibited, to incorporate the amendment made to s.
32 784.07, F.S., in a reference thereto; providing
33 severability; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. (1) The primary powers and duties of the Fish
38 and Wildlife Conservation Commission with regard to the
39 investigation of certain environmental crimes and the
40 enforcement of related laws, as specified in the new memorandum
41 of agreement developed as required under subsection (2), are
42 transferred from the commission to the Department of
43 Environmental Protection. The commission retains law enforcement
44 authority over the patrol of state-owned lands managed by the
45 department and shall coordinate with the department in that
46 regard.
47 (2) A new memorandum of agreement must be developed between
48 the commission and the department detailing the respective
49 responsibilities of the department and the commission with
50 regard to at least all of the following:
51 (a) Support and response for oil spills, hazardous spills,
52 and natural disasters.
53 (b) Law enforcement patrol and investigative services for
54 all state-owned lands managed by the department.
55 (c) Law enforcement services, including investigative
56 services, for all criminal law violations of chapters 161, 258,
57 373, 376, 377, 378, and 403, Florida Statutes.
58 (d) Enforcement services for civil violations of department
59 administrative rules related to all of the following program
60 areas:
61 1. The Division of Recreation and Parks.
62 2. The Office of Coastal and Aquatic Managed Areas.
63 3. The Office of Greenways and Trails.
64 (e) Current and future funding, training, or other support
65 for positions and equipment being transferred from the
66 commission to the department which are funded through any trust
67 fund.
68 Section 2. All personnel and equipment assigned to the
69 Department of Environmental Protection’s Office of Emergency
70 Response are reassigned to the Division of Law Enforcement of
71 the department.
72 Section 3. The Secretary of Environmental Protection and
73 the Executive Director of the Fish and Wildlife Conservation
74 Commission shall each appoint two staff members to a transition
75 advisory working group to review the administrative rules
76 promulgated by the department and the commission to identify any
77 rules that must be amended to reflect the changes made by this
78 act.
79 Section 4. Notwithstanding chapter 60L-34, Florida
80 Administrative Code, or any law to the contrary, employees who
81 are transferred from the Fish and Wildlife Conservation
82 Commission to fill positions transferred to the Department of
83 Environmental Protection shall retain and transfer any accrued
84 annual leave, sick leave, and regular and special compensatory
85 leave balances. The employees shall retain their current
86 position status, including permanent status, upon transfer to
87 the Department of Environmental Protection.
88 Section 5. Subsection (3) of section 20.255, Florida
89 Statutes, is amended, and subsection (10) is added to that
90 section, to read:
91 20.255 Department of Environmental Protection.—There is
92 created a Department of Environmental Protection.
93 (3) The following divisions of the Department of
94 Environmental Protection are established:
95 (a) Division of Administrative Services.
96 (b) Division of Air Resource Management.
97 (c) Division of Water Resource Management.
98 (d) Division of Environmental Assessment and Restoration.
99 (e) Division of Waste Management.
100 (f) Division of Recreation and Parks.
101 (g) Division of State Lands, the director of which is
102 appointed by the secretary of the department, subject to
103 confirmation by the Governor and Cabinet sitting as the Board of
104 Trustees of the Internal Improvement Trust Fund.
105 (h) Division of Water Restoration Assistance.
106 (i) Division of Law Enforcement.
107
108 In order to ensure statewide and intradepartmental consistency,
109 the department’s divisions shall direct the district offices and
110 bureaus on matters of interpretation and applicability of the
111 department’s rules and programs.
112 (10) Law enforcement officers of the Department of
113 Environmental Protection who meet the requirements of s. 943.13
114 are constituted law enforcement officers of this state with full
115 power to investigate and arrest for any violation of the laws of
116 this state and the rules of the department and the Board of
117 Trustees of the Internal Improvement Trust Fund. The general
118 laws applicable to investigations, searches, and arrests by
119 peace officers of this state apply to such law enforcement
120 officers.
121 Section 6. Subsection (8) is added to section 258.004,
122 Florida Statutes, to read:
123 258.004 Duties of division.—
124 (8) This chapter shall be enforced by the Division of Law
125 Enforcement within the Department of Environmental Protection
126 and its officers and by the Division of Law Enforcement within
127 the Fish and Wildlife Conservation Commission and its officers.
128 Section 7. Subsection (1) of section 258.008, Florida
129 Statutes, is amended to read:
130 258.008 Prohibited activities; penalties.—
131 (1) Except as provided in subsection (3), any person who
132 violates or otherwise fails to comply with the rules adopted
133 under this chapter commits a noncriminal infraction for which
134 ejection from all property managed by the Division of Recreation
135 and Parks and a fine of up to $500 may be imposed by the
136 division. Fines paid under this subsection shall be paid to the
137 Fish and Wildlife Conservation Commission and deposited in the
138 State Game Trust Fund as provided in ss. 379.338, 379.339, and
139 379.3395 or to the Department of Environmental Protection and
140 deposited into the State Park Trust Fund, as applicable.
141 Section 8. Subsection (16) of section 258.501, Florida
142 Statutes, is amended to read:
143 258.501 Myakka River; wild and scenic segment.—
144 (16) ENFORCEMENT.—Officers of the department and the Fish
145 and Wildlife Conservation Commission shall have full authority
146 to enforce any rule adopted by the department.
147 Section 9. Paragraph (a) of subsection (2) of section
148 282.709, Florida Statutes, is amended to read:
149 282.709 State agency law enforcement radio system and
150 interoperability network.—
151 (2) The Joint Task Force on State Agency Law Enforcement
152 Communications is created adjunct to the department to advise
153 the department of member-agency needs relating to the planning,
154 designing, and establishment of the statewide communication
155 system.
156 (a) The Joint Task Force on State Agency Law Enforcement
157 Communications shall consist of the following members:
158 1. A representative of the Division of Alcoholic Beverages
159 and Tobacco of the Department of Business and Professional
160 Regulation who shall be appointed by the secretary of the
161 department.
162 2. A representative of the Division of Florida Highway
163 Patrol of the Department of Highway Safety and Motor Vehicles
164 who shall be appointed by the executive director of the
165 department.
166 3. A representative of the Department of Law Enforcement
167 who shall be appointed by the executive director of the
168 department.
169 4. A representative of the Fish and Wildlife Conservation
170 Commission who shall be appointed by the executive director of
171 the commission.
172 5. A representative of the Division of Law Enforcement of
173 the Department of Environmental Protection who shall be
174 appointed by the secretary of the department.
175 6.5. A representative of the Department of Corrections who
176 shall be appointed by the secretary of the department.
177 7.6. A representative of the Department of Financial
178 Services who shall be appointed by the Chief Financial Officer.
179 8.7. A representative of the Department of Agriculture and
180 Consumer Services who shall be appointed by the Commissioner of
181 Agriculture.
182 9.8. A representative of the Florida Sheriffs Association
183 who shall be appointed by the president of the Florida Sheriffs
184 Association.
185 Section 10. Paragraph (a) of subsection (1) of section
186 316.640, Florida Statutes, is amended to read:
187 316.640 Enforcement.—The enforcement of the traffic laws of
188 this state is vested as follows:
189 (1) STATE.—
190 (a)1.a. The Division of Florida Highway Patrol of the
191 Department of Highway Safety and Motor Vehicles; the Division of
192 Law Enforcement of the Fish and Wildlife Conservation
193 Commission; the Division of Law Enforcement of the Department of
194 Environmental Protection; and the agents, inspectors, and
195 officers of the Department of Law Enforcement each have
196 authority to enforce all of the traffic laws of this state on
197 all the streets and highways thereof and elsewhere throughout
198 the state wherever the public has a right to travel by motor
199 vehicle.
200 b. University police officers may enforce all of the
201 traffic laws of this state when violations occur on or within
202 1,000 feet of any property or facilities that are under the
203 guidance, supervision, regulation, or control of a state
204 university, a direct-support organization of such state
205 university, or any other organization controlled by the state
206 university or a direct-support organization of the state
207 university, or when such violations occur within a specified
208 jurisdictional area as agreed upon in a mutual aid agreement
209 entered into with a law enforcement agency pursuant to s.
210 23.1225(1). Traffic laws may also be enforced off-campus when
211 hot pursuit originates on or within 1,000 feet of any such
212 property or facilities, or as agreed upon in accordance with the
213 mutual aid agreement.
214 c. Florida College System institution police officers may
215 enforce all the traffic laws of this state only when such
216 violations occur on or within 1,000 feet of any property or
217 facilities that are under the guidance, supervision, regulation,
218 or control of the Florida College System institution, or when
219 such violations occur within a specified jurisdictional area as
220 agreed upon in a mutual aid agreement entered into with a law
221 enforcement agency pursuant to s. 23.1225. Traffic laws may also
222 be enforced off-campus when hot pursuit originates on or within
223 1,000 feet of any such property or facilities, or as agreed upon
224 in accordance with the mutual aid agreement.
225 d. Police officers employed by an airport authority may
226 enforce all of the traffic laws of this state only when such
227 violations occur on any property or facilities that are owned or
228 operated by an airport authority.
229 (I) An airport authority may employ as a parking
230 enforcement specialist any individual who successfully completes
231 a training program established and approved by the Criminal
232 Justice Standards and Training Commission for parking
233 enforcement specialists but who does not otherwise meet the
234 uniform minimum standards established by the commission for law
235 enforcement officers or auxiliary or part-time officers under s.
236 943.12. This sub-sub-subparagraph may not be construed to permit
237 the carrying of firearms or other weapons, nor shall such
238 parking enforcement specialist have arrest authority.
239 (II) A parking enforcement specialist employed by an
240 airport authority may enforce all state, county, and municipal
241 laws and ordinances governing parking only when such violations
242 are on property or facilities owned or operated by the airport
243 authority employing the specialist, by appropriate state,
244 county, or municipal traffic citation.
245 e. The Office of Agricultural Law Enforcement of the
246 Department of Agriculture and Consumer Services may enforce
247 traffic laws of this state.
248 f. School safety officers may enforce all of the traffic
249 laws of this state when such violations occur on or about any
250 property or facilities that are under the guidance, supervision,
251 regulation, or control of the district school board.
252 2. Any disciplinary action taken or performance evaluation
253 conducted by an agency of the state as described in subparagraph
254 1. of a law enforcement officer’s traffic enforcement activity
255 must be in accordance with written work-performance standards.
256 Such standards must be approved by the agency and any collective
257 bargaining unit representing such law enforcement officer. A
258 violation of this subparagraph is not subject to the penalties
259 provided in chapter 318.
260 3. The Division of the Florida Highway Patrol may employ as
261 a traffic accident investigation officer any individual who
262 successfully completes instruction in traffic accident
263 investigation and court presentation through the Selective
264 Traffic Enforcement Program as approved by the Criminal Justice
265 Standards and Training Commission and funded through the
266 National Highway Traffic Safety Administration or a similar
267 program approved by the commission, but who does not necessarily
268 meet the uniform minimum standards established by the commission
269 for law enforcement officers or auxiliary law enforcement
270 officers under chapter 943. Any such traffic accident
271 investigation officer who makes an investigation at the scene of
272 a traffic accident may issue traffic citations, based upon
273 personal investigation, when he or she has reasonable and
274 probable grounds to believe that a person who was involved in
275 the accident committed an offense under this chapter, chapter
276 319, chapter 320, or chapter 322 in connection with the
277 accident. This subparagraph does not permit the officer to carry
278 firearms or other weapons, and such an officer does not have
279 authority to make arrests.
280 Section 11. Paragraph (p) of subsection (4) of section
281 376.3071, Florida Statutes, is amended to read:
282 376.3071 Inland Protection Trust Fund; creation; purposes;
283 funding.—
284 (4) USES.—Whenever, in its determination, incidents of
285 inland contamination related to the storage of petroleum or
286 petroleum products may pose a threat to the public health,
287 safety, or welfare, water resources, or the environment, the
288 department shall obligate moneys available in the fund to
289 provide for:
290 (p) Enforcement of this section and ss. 376.30-376.317 by
291 the Fish and Wildlife Conservation Commission and the Department
292 of Environmental Protection. The department may shall disburse
293 moneys to the commission for such purpose.
294
295 The issuance of a site rehabilitation completion order pursuant
296 to subsection (5) or paragraph (12)(b) for contamination
297 eligible for programs funded by this section does not alter the
298 project’s eligibility for state-funded remediation if the
299 department determines that site conditions are not protective of
300 human health under actual or proposed circumstances of exposure
301 under subsection (5). The Inland Protection Trust Fund may be
302 used only to fund the activities in ss. 376.30-376.317 except
303 ss. 376.3078 and 376.3079. Amounts on deposit in the fund in
304 each fiscal year must first be applied or allocated for the
305 payment of amounts payable by the department pursuant to
306 paragraph (n) under a service contract entered into by the
307 department pursuant to s. 376.3075 and appropriated in each year
308 by the Legislature before making or providing for other
309 disbursements from the fund. This subsection does not authorize
310 the use of the fund for cleanup of contamination caused
311 primarily by a discharge of solvents as defined in s.
312 206.9925(6), or polychlorinated biphenyls when their presence
313 causes them to be hazardous wastes, except solvent contamination
314 which is the result of chemical or physical breakdown of
315 petroleum products and is otherwise eligible. Facilities used
316 primarily for the storage of motor or diesel fuels as defined in
317 ss. 206.01 and 206.86 are not excluded from eligibility pursuant
318 to this section.
319 Section 12. Paragraph (e) of subsection (2) of section
320 403.413, Florida Statutes, is amended to read:
321 403.413 Florida Litter Law.—
322 (2) DEFINITIONS.—As used in this section:
323 (e) “Law enforcement officer” means any officer of the
324 Florida Highway Patrol, a county sheriff’s department, a
325 municipal law enforcement department, a law enforcement
326 department of any other political subdivision, the Department of
327 Environmental Protection, or the Fish and Wildlife Conservation
328 Commission. In addition, and solely for the purposes of this
329 section, “law enforcement officer” means any employee of a
330 county or municipal park or recreation department designated by
331 the department head as a litter enforcement officer.
332 Section 13. Paragraph (d) of subsection (1) of section
333 784.07, Florida Statutes, is amended to read:
334 784.07 Assault or battery of law enforcement officers,
335 firefighters, emergency medical care providers, public transit
336 employees or agents, or other specified officers;
337 reclassification of offenses; minimum sentences.—
338 (1) As used in this section, the term:
339 (d) “Law enforcement officer” includes a law enforcement
340 officer, a correctional officer, a correctional probation
341 officer, a part-time law enforcement officer, a part-time
342 correctional officer, an auxiliary law enforcement officer, and
343 an auxiliary correctional officer, as those terms are
344 respectively defined in s. 943.10, and any county probation
345 officer; an employee or agent of the Department of Corrections
346 who supervises or provides services to inmates; an officer of
347 the Florida Commission on Offender Review; a federal law
348 enforcement officer as defined in s. 901.1505; and law
349 enforcement personnel of the Fish and Wildlife Conservation
350 Commission, the Department of Environmental Protection, or the
351 Department of Law Enforcement.
352 Section 14. Section 843.08, Florida Statutes, is amended to
353 read:
354 843.08 False personation.—A person who falsely assumes or
355 pretends to be a firefighter, sheriff, officer of the Florida
356 Highway Patrol, officer of the Fish and Wildlife Conservation
357 Commission, officer of the Department of Environmental
358 Protection, fire or arson investigator of the Department of
359 Financial Services, officer of the Department of Financial
360 Services, officer of the Department of Corrections, correctional
361 probation officer, deputy sheriff, state attorney or assistant
362 state attorney, statewide prosecutor or assistant statewide
363 prosecutor, state attorney investigator, coroner, police
364 officer, lottery special agent or lottery investigator, beverage
365 enforcement agent, or watchman, or any member of the Florida
366 Commission on Offender Review and any administrative aide or
367 supervisor employed by the commission, or any personnel or
368 representative of the Department of Law Enforcement, or a
369 federal law enforcement officer as defined in s. 901.1505, and
370 takes upon himself or herself to act as such, or to require any
371 other person to aid or assist him or her in a matter pertaining
372 to the duty of any such officer, commits a felony of the third
373 degree, punishable as provided in s. 775.082, s. 775.083, or s.
374 775.084. However, a person who falsely personates any such
375 officer during the course of the commission of a felony commits
376 a felony of the second degree, punishable as provided in s.
377 775.082, s. 775.083, or s. 775.084. If the commission of the
378 felony results in the death or personal injury of another human
379 being, the person commits a felony of the first degree,
380 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
381 The term “watchman” means a security officer licensed under
382 chapter 493.
383 Section 15. Section 843.085, Florida Statutes, is amended
384 to read:
385 843.085 Unlawful use of badges or other indicia of
386 authority.—
387 (1) It is unlawful for any person, unless appointed by the
388 Governor pursuant to chapter 354, authorized by the appropriate
389 agency, or displayed in a closed or mounted case as a collection
390 or exhibit, to wear or display any authorized indicia of
391 authority, including any badge, insignia, emblem, identification
392 card, or uniform, or any colorable imitation thereof, of any
393 federal, state, county, or municipal law enforcement agency, or
394 other criminal justice agency as defined in s. 943.045, with the
395 intent to mislead or cause another person to believe that he or
396 she is a member of that agency or is authorized to display or
397 wear such item, or to wear or display any item that displays in
398 any manner or combination the word or words “police,”
399 “patrolman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway
400 patrol,” “commission officer,” “Wildlife Officer,” “Marine
401 Patrol Officer,” “state attorney,” “public defender,” “marshal,”
402 “constable,” “bailiff,” or “fire department,” or “Department of
403 Environmental Protection officer,” with the intent to mislead or
404 cause another person to believe that he or she is a member of
405 that agency or is authorized to wear or display such item.
406 (2) It is unlawful for a person to own or operate a motor
407 vehicle marked or identified in any manner or combination by the
408 word or words “police,” “patrolman,” “sheriff,” “deputy,”
409 “trooper,” “highway patrol,” “commission officer,” “Wildlife
410 Officer,” “Marine Patrol Officer,” “marshal,” “constable,”
411 “bailiff,” or “fire department,” or “Department of Environmental
412 Protection officer,” or by any lettering, marking, or insignia,
413 or colorable imitation thereof, including, but not limited to,
414 stars, badges, or shields, officially used to identify the
415 vehicle as a federal, state, county, or municipal law
416 enforcement vehicle or a vehicle used by a criminal justice
417 agency as defined in s. 943.045, or a vehicle used by a fire
418 department with the intent to mislead or cause another person to
419 believe that such vehicle is an official vehicle of that agency
420 and is authorized to be used by that agency, unless such vehicle
421 is owned or operated by the appropriate agency and its use is
422 authorized by such agency, or the local law enforcement agency
423 or fire department authorizes the use of such vehicle, or the
424 person is appointed by the Governor pursuant to chapter 354.
425 (3) It is unlawful for a person to sell, transfer, or give
426 away the authorized badge, or colorable imitation thereof,
427 including miniatures, of any criminal justice agency as defined
428 in s. 943.045, or bearing in any manner or combination the word
429 or words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,”
430 “highway patrol,” “commission officer,” “Wildlife Officer,”
431 “Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state
432 attorney,” “public defender,” “bailiff,” or “fire department,”
433 or “Department of Environmental Protection officer,” with the
434 intent to mislead or cause another person to believe that he or
435 she is a member of that agency or is authorized to wear or
436 display such item, except for agency purchases or upon the
437 presentation and recordation of both a driver license and other
438 identification showing any transferee to actually be a member of
439 such criminal justice agency or unless the person is appointed
440 by the Governor pursuant to chapter 354. A transferor of an item
441 covered by this subsection is required to maintain for 2 years a
442 written record of such transaction, including records showing
443 compliance with this subsection, and if such transferor is a
444 business, it shall make such records available during normal
445 business hours for inspection by any law enforcement agency
446 having jurisdiction in the area where the business is located.
447 (4) This section does not prohibit a fraternal, benevolent,
448 or labor organization or association, or their chapters or
449 subsidiaries, from using the following words, in any manner or
450 in any combination, if those words appear in the official name
451 of the organization or association: “police,” “patrolman,”
452 “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission
453 officer,” “Wildlife Officer,” “Marine Patrol Officer,”
454 “marshal,” “constable,” “bailiff,” “fire department,” or
455 “Department of Environmental Protection officer.” or “fire
456 department.”
457 (5) Violation of any provision of this section is a
458 misdemeanor of the first degree, punishable as provided in s.
459 775.082 or s. 775.083. This section is cumulative to any law now
460 in force in the state.
461 Section 16. Section 870.04, Florida Statutes, is amended to
462 read:
463 870.04 Specified officers to disperse riotous assembly.—If
464 any number of persons, whether armed or not, are unlawfully,
465 riotously, or tumultuously assembled in any county, city, or
466 municipality, the sheriff or the sheriff’s deputies, or the
467 mayor, or any commissioner, council member, alderman, or police
468 officer of the city or municipality, or any officer or member of
469 the Florida Highway Patrol, or any officer or agent of the Fish
470 and Wildlife Conservation Commission or the Department of
471 Environmental Protection, any beverage enforcement agent, any
472 personnel or representatives of the Department of Law
473 Enforcement or its successor, or any other peace officer, shall
474 go among the persons so assembled, or as near to them as may be
475 done with safety, and shall in the name of the state command all
476 the persons so assembled immediately and peaceably to disperse.
477 If such persons do not thereupon immediately and peaceably
478 disperse, such officers shall command the assistance of all such
479 persons in seizing, arresting, and securing such persons in
480 custody. If any person present being so commanded to aid and
481 assist in seizing and securing such rioter or persons so
482 unlawfully assembled, or in suppressing such riot or unlawful
483 assembly, refuses or neglects to obey such command, or, when
484 required by such officers to depart from the place, refuses and
485 neglects to do so, the person shall be deemed one of the rioters
486 or persons unlawfully assembled, and may be prosecuted and
487 punished accordingly.
488 Section 17. Present paragraphs (b) through (l) of
489 subsection (6) of section 932.7055, Florida Statutes, are
490 redesignated as paragraphs (c) through (m), respectively, and a
491 new paragraph (b) is added to that subsection, to read:
492 932.7055 Disposition of liens and forfeited property.—
493 (6) If the seizing agency is a state agency, all remaining
494 proceeds shall be deposited into the General Revenue Fund.
495 However, if the seizing agency is:
496 (b) The Department of Environmental Protection, the
497 proceeds accrued pursuant to the Florida Contraband Forfeiture
498 Act shall be deposited into the Internal Improvement Trust Fund,
499 the Water Quality Assurance Trust Fund, the Inland Protection
500 Trust Fund, the Coastal Protection Trust Fund, or the Solid
501 Waste Management Trust Fund, as specified by the statute under
502 which the violation occurs.
503 Section 18. For the purpose of incorporating the amendment
504 made by this act to section 784.07, Florida Statutes, in a
505 reference thereto, paragraph (a) of subsection (8) of section
506 790.166, Florida Statutes, is reenacted to read:
507 790.166 Manufacture, possession, sale, delivery, display,
508 use, or attempted or threatened use of a weapon of mass
509 destruction or hoax weapon of mass destruction prohibited;
510 definitions; penalties.—
511 (8) For purposes of this section, the term “weapon of mass
512 destruction” does not include:
513 (a) A device or instrument that emits or discharges smoke
514 or an offensive, noxious, or irritant liquid, powder, gas, or
515 chemical for the purpose of immobilizing, incapacitating, or
516 thwarting an attack by a person or animal and that is lawfully
517 possessed or used by a person for the purpose of self-protection
518 or, as provided in subsection (7), is lawfully possessed or used
519 by any member or employee of the Armed Forces of the United
520 States, a federal or state governmental agency, or a private
521 entity. A member or employee of a federal or state governmental
522 agency includes, but is not limited to, a law enforcement
523 officer, as defined in s. 784.07; a federal law enforcement
524 officer, as defined in s. 901.1505; and an emergency service
525 employee, as defined in s. 496.404.
526 Section 19. If any provision of this act or the application
527 thereof to any person or circumstance is held invalid, the
528 invalidity does not affect other provisions or applications of
529 the act which can be given effect without the invalid provisions
530 or applications, and to this end the provisions of this act are
531 severable.
532 Section 20. This act shall take effect July 1, 2019.