Bill Text: FL S0454 | 2013 | Regular Session | Enrolled

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Bill Title: Florida College System Institution Police Officers

Spectrum: Bipartisan Bill

Status: (Passed) 2013-06-17 - Chapter No. 2013-171 [S0454 Detail]

Download: Florida-2013-S0454-Enrolled.html

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