August 25, 2019
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_h0345__
HB 0345

1
A bill to be entitled
2An act relating to the Florida Department of Law
3Enforcement; amending s. 943.61, F.S.; revising the powers
4and duties of the Capitol Police; amending s. 943.611,
5F.S.; revising duties of the director of the Capitol
6Police; amending s. 943.62, F.S.; revising provisions
7relating to investigations by the Capitol Police; amending
8s. 943.64, F.S.; revising provisions relating to
9designation of other law enforcement officers as ex
10officio agents of the Capitol Police; amending s. 943.68,
11F.S.; revising provisions relating to transportation and
12protective services of the Capitol Police; amending s.
13316.640, F.S.; revising provisions relating to enforcement
14of traffic laws; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsections (1) and (4) of section 943.61,
19Florida Statutes, are amended to read:
20     943.61  Powers and duties of the Capitol Police.--
21     (1)  There is created the Capitol Police within the
22Department of Law Enforcement, to serve the safety and security
23needs of both the legislative and executive branches of state
24government. It is the intent of the Legislature that the Capitol
25Police serve as a specially trained and highly effective
26security and law enforcement agency serving the Capitol Complex
27and the state. It shall be the primary responsibility of the
28Capitol Police to protect the security of the Governor, the
29Lieutenant Governor, the members of the Cabinet, and the members
30of the Senate and of the House of Representatives, and those
31employees assigned to assist such state officials in the
32performance of their official duties, and to ensure their access
33to buildings and premises within the Capitol Complex, thereby
34providing for the continuous operation of the government of the
35State of Florida. The provision of other law enforcement
36services and protection of property shall be secondary
37responsibilities.
38     (4)  The Capitol Police shall have the following
39responsibilities, powers, and duties:
40     (a)  To develop, in consultation with the Governor, Cabinet
41officers, the President of the Senate, and the Speaker of the
42House of Representatives, written operational plans for basic
43and enhanced security measures and actions related to the
44Capitol Complex. Such plans and any changes or amendments
45thereto shall not be implemented unless presented in writing in
46final form to the Governor, the President of the Senate, and the
47Speaker of the House of Representatives and all three grant
48their approval in writing. The approval of any officer required
49herein shall expire 60 days after such officer vacates his or
50her office, and the written approval of the successor in office
51must be obtained prior to the continuation of operations under
52such plans. Upon the request of the Governor, a Cabinet officer,
53the President of the Senate, or the Speaker of the House of
54Representatives, the Capitol Police shall activate previously
55approved enhanced security measures and actions in accordance
56with the approved operational plans specific to the requesting
57officer's responsibilities and to the facilities occupied by
58such officer and employees responsible to such officer. Upon an
59emergency threatening the immediate safety and security of
60occupants of the Capitol Complex, so declared by the Governor,
61plans not approved as required by this paragraph may be
62implemented for a period not to exceed 15 days, provided such
63plans do not substantially interfere with the ability of the
64Senate and the House of Representatives to assemble for any
65constitutional purpose.
66     (b)  To provide and maintain the security of all property
67located in the Capitol Complex in a manner consistent with the
68security plans developed and approved under paragraph (a) and,
69in consultation with the State Fire Marshal, to provide for
70evacuations, information, and training required for firesafety
71on such property in a manner consistent with s. 633.085.
72     (c)  To develop plans for reporting incidents involving
73buildings and property within the Capitol Complex, emergency
74procedures and evacuation routes in the event of fire, security
75threats, incidents prompting a need for evacuation, acts of
76terrorism, or natural or manmade disaster and to make such
77procedures and routes known to those persons occupying such
78buildings.
79     (d)  To employ officers who hold certification as law
80enforcement officers in accordance with the minimum standards
81and qualifications as set forth in s. 943.13 and the provisions
82of chapter 110, and who have the authority to bear arms, make
83arrests, except as may be limited in the security plans
84established under paragraph (a), and apply for arrest warrants.
85     (e)  To hire guards and administrative, clerical,
86technical, and other personnel as may be required.
87     (f)  To train all officers and other employees in fire
88prevention, firesafety, emergency medical procedures, and
89preventing and responding to acts of terrorism.
90     (g)  To respond to all complaints relating to criminal
91activity or security threats within the Capitol Complex, or
92against the Governor, the Lieutenant Governor, a member of the
93Cabinet, a member of the Senate or of the House of
94Representatives, or an employee assisting such official.
95     (h)  As provided by the security plans developed and
96approved under paragraph (a), upon request of the presiding
97officer of either house of the Legislature, the director may
98assign one or more officers for the protection of a member of
99the house served by such presiding officer. Per diem and
100subsistence allowance for department employees traveling with a
101member of the Legislature away from Tallahassee shall be
102computed by payment of a sum up to the amounts permitted in s.
103112.061 for meals, plus actual expenses for lodging to be
104substantiated by paid bills therefor.
105     (i)  To enforce rules of the Department of Management
106Services governing the regulation of traffic and parking within
107the Capitol Complex and to impound illegally or wrongfully
108parked vehicles.
109     (j)  To establish policies for the organizational
110structure, principles of command, and internal operations of the
111Capitol Police, provided that such policies are not inconsistent
112with the provisions of ss. 943.61-943.68 or the security plans
113developed and approved under paragraph (a).
114     (k)  To carry out the transportation and protective
115services functions described in s. 943.68.
116     Section 2.  Subsection (6) is added to section 943.611,
117Florida Statutes, to read:
118     943.611  Director of Capitol Police.--
119     (6)  The director shall serve as the director of the unit
120within the department providing transportation and protective
121services as set forth in s. 943.68.
122     Section 3.  Subsection (1) of section 943.62, Florida
123Statutes, is amended to read:
124     943.62  Investigations by the Capitol Police.--
125     (1)  In addition to, and in conjunction with, the other
126powers and duties specified by law, the Capitol Police shall
127conduct traffic accident investigations and investigations
128relating to felonies and misdemeanors occurring within the
129Capitol Complex. Any matters may be referred to the department's
130special agents or inspectors or another appropriate law
131enforcement agency for further investigation. Such referrals
132shall include transmittal of records, reports, statements, and
133all other information relating to such matters.
134     Section 4.  Section 943.64, Florida Statutes, is amended to
135read:
136     943.64  Ex officio agents.--Law enforcement officers of the
137Department of Highway Safety and Motor Vehicles, special agents
138or inspectors of the Department of Law Enforcement, and law
139enforcement officers of other state agencies, counties, and
140municipalities are ex officio agents of the Capitol Police, and
141may, when authorized by the executive director of the department
142or the executive director's designee Capitol Police, enforce
143rules and laws applicable to the powers and duties of the
144Capitol Police to provide and maintain the security required by
145ss. 943.61-943.68.
146     Section 5.  Subsections (3), (6), and (9) of section
147943.68, Florida Statutes, are amended to read:
148     943.68  Transportation and protective services.--
149     (3)  The director of Capitol Police, acting under the
150direction of the executive director, shall assign agents for the
151performance of the duties prescribed in this section. The
152assignment of such agents shall be subject to continuing
153approval of the Governor. Upon request of the Governor, the
154director of Capitol Police, acting under the direction of the
155executive director, shall reassign an agent from continued
156performance of such duties.
157     (6)  The department shall provide security or
158transportation services to other persons when requested by the
159Governor, the Lieutenant Governor, a member of the Cabinet, the
160Speaker of the House of Representatives, the President of the
161Senate, or the Chief Justice of the Supreme Court, subject to
162certification by the requesting party agency head that such
163services are in the best interest of the state. The requesting
164party agency head may delegate certification authority to the
165executive director of the department. The requesting party
166agency head shall limit such services to persons:
167     (a)  Who are visiting the state; for whom such services are
168requested by the Governor, the Lieutenant Governor, a member of
169the Cabinet, the Speaker of the House of Representatives, the
170President of the Senate, or the Chief Justice of the Supreme
171Court; and for whom the primary purpose of the visit is for a
172significant public purpose or and to promote the development of
173the state; or
174     (b)  For whom the failure to provide security or
175transportation could result in a clear and present danger to the
176personal safety of such persons, or could result in public
177embarrassment to the state, or could endanger the safety of
178persons or property within the state.
179     (9)  The department shall submit a report each reports on
180July 15 and January 15 of each year to the President of the
181Senate, Speaker of the House of Representatives, Governor, and
182members of the Cabinet, detailing all transportation and
183protective services provided under subsections (1), (5), and (6)
184within the preceding fiscal year 6 months. Each report shall
185include a detailed accounting of the cost of such transportation
186and protective services, including the names of persons provided
187such services and the nature of state business performed.
188     Section 6.  Paragraph (a) of subsection (1) of section
189316.640, Florida Statutes, is amended to read:
190     316.640  Enforcement.--The enforcement of the traffic laws
191of this state is vested as follows:
192     (1)  STATE.--
193     (a)1.a.  The Division of Florida Highway Patrol of the
194Department of Highway Safety and Motor Vehicles;, the Division
195of Law Enforcement of the Fish and Wildlife Conservation
196Commission;, the Division of Law Enforcement of the Department
197of Environmental Protection;, and law enforcement officers of
198the Department of Transportation; and the agents, inspectors,
199and officers of the Department of Law Enforcement each have
200authority to enforce all of the traffic laws of this state on
201all the streets and highways thereof and elsewhere throughout
202the state wherever the public has a right to travel by motor
203vehicle.
204     b.  University police officers shall have authority to
205enforce all of the traffic laws of this state when such
206violations occur on or about any property or facilities that are
207under the guidance, supervision, regulation, or control of a
208state university, a direct-support organization of such state
209university, or any other organization controlled by the state
210university or a direct-support organization of the state
211university, except that traffic laws may be enforced off-campus
212when hot pursuit originates on or adjacent to any such property
213or facilities.
214     c.  Community college police officers shall have the
215authority to enforce all the traffic laws of this state only
216when such violations occur on any property or facilities that
217are under the guidance, supervision, regulation, or control of
218the community college system.
219     d.  Police officers employed by an airport authority shall
220have the authority to enforce all of the traffic laws of this
221state only when such violations occur on any property or
222facilities that are owned or operated by an airport authority.
223     (I)  An airport authority may employ as a parking
224enforcement specialist any individual who successfully completes
225a training program established and approved by the Criminal
226Justice Standards and Training Commission for parking
227enforcement specialists but who does not otherwise meet the
228uniform minimum standards established by the commission for law
229enforcement officers or auxiliary or part-time officers under s.
230943.12. Nothing in this sub-sub-subparagraph shall be construed
231to permit the carrying of firearms or other weapons, nor shall
232such parking enforcement specialist have arrest authority.
233     (II)  A parking enforcement specialist employed by an
234airport authority is authorized to enforce all state, county,
235and municipal laws and ordinances governing parking only when
236such violations are on property or facilities owned or operated
237by the airport authority employing the specialist, by
238appropriate state, county, or municipal traffic citation.
239     e.  The Office of Agricultural Law Enforcement of the
240Department of Agriculture and Consumer Services shall have the
241authority to enforce traffic laws of this state.
242     f.  School safety officers shall have the authority to
243enforce all of the traffic laws of this state when such
244violations occur on or about any property or facilities which
245are under the guidance, supervision, regulation, or control of
246the district school board.
247     2.  An agency of the state as described in subparagraph 1.
248is prohibited from establishing a traffic citation quota. A
249violation of this subparagraph is not subject to the penalties
250provided in chapter 318.
251     3.  Any disciplinary action taken or performance evaluation
252conducted by an agency of the state as described in subparagraph
2531. of a law enforcement officer's traffic enforcement activity
254must be in accordance with written work-performance standards.
255Such standards must be approved by the agency and any collective
256bargaining unit representing such law enforcement officer. A
257violation of this subparagraph is not subject to the penalties
258provided in chapter 318.
259     4.  The Division of the Florida Highway Patrol may employ
260as a traffic accident investigation officer any individual who
261successfully completes instruction in traffic accident
262investigation and court presentation through the Selective
263Traffic Enforcement Program as approved by the Criminal Justice
264Standards and Training Commission and funded through the
265National Highway Traffic Safety Administration or a similar
266program approved by the commission, but who does not necessarily
267meet the uniform minimum standards established by the commission
268for law enforcement officers or auxiliary law enforcement
269officers under chapter 943. Any such traffic accident
270investigation officer who makes an investigation at the scene of
271a traffic accident may issue traffic citations, based upon
272personal investigation, when he or she has reasonable and
273probable grounds to believe that a person who was involved in
274the accident committed an offense under this chapter, chapter
275319, chapter 320, or chapter 322 in connection with the
276accident. This subparagraph does not permit the officer to carry
277firearms or other weapons, and such an officer does not have
278authority to make arrests.
279     Section 7.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
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