March 20, 2019
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_h0345c1
HB 0345CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Florida Department of Law
7Enforcement; amending s. 943.61, F.S.; revising the powers
8and duties of the Capitol Police; amending s. 943.611,
9F.S.; revising duties of the director of the Capitol
10Police; amending s. 943.62, F.S.; revising provisions
11relating to investigations by the Capitol Police; amending
12s. 943.64, F.S.; revising provisions relating to
13designation of other law enforcement officers as ex
14officio agents of the Capitol Police; amending s. 943.68,
15F.S.; revising provisions relating to transportation and
16protective services of the Capitol Police; amending s.
17316.640, F.S.; revising provisions relating to enforcement
18of traffic laws; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsections (1) and (4) of section 943.61,
23Florida Statutes, are amended to read:
24     943.61  Powers and duties of the Capitol Police.--
25     (1)  There is created the Capitol Police within the
26Department of Law Enforcement, to serve the safety and security
27needs of both the legislative and executive branches of state
28government. It is the intent of the Legislature that the Capitol
29Police serve as a specially trained and highly effective
30security and law enforcement agency serving the Capitol Complex
31and the state. It shall be the primary responsibility of the
32Capitol Police to protect the security of the Governor, the
33Lieutenant Governor, the members of the Cabinet, and the members
34of the Senate and of the House of Representatives, and those
35employees assigned to assist such state officials in the
36performance of their official duties, and to ensure their access
37to buildings and premises within the Capitol Complex, thereby
38providing for the continuous operation of the government of the
39State of Florida. The provision of other law enforcement
40services and protection of property shall be secondary
41responsibilities.
42     (4)  The Capitol Police shall have the following
43responsibilities, powers, and duties:
44     (a)  To develop, in consultation with the Governor, Cabinet
45officers, the President of the Senate, and the Speaker of the
46House of Representatives, written operational plans for basic
47and enhanced security measures and actions related to the
48Capitol Complex. Such plans and any changes or amendments
49thereto shall not be implemented unless presented in writing in
50final form to the Governor, the President of the Senate, and the
51Speaker of the House of Representatives and all three grant
52their approval in writing. The approval of any officer required
53herein shall expire 60 days after such officer vacates his or
54her office, and the written approval of the successor in office
55must be obtained prior to the continuation of operations under
56such plans. Upon the request of the Governor, a Cabinet officer,
57the President of the Senate, or the Speaker of the House of
58Representatives, the Capitol Police shall activate previously
59approved enhanced security measures and actions in accordance
60with the approved operational plans specific to the requesting
61officer's responsibilities and to the facilities occupied by
62such officer and employees responsible to such officer. Upon an
63emergency threatening the immediate safety and security of
64occupants of the Capitol Complex, so declared by the Governor,
65plans not approved as required by this paragraph may be
66implemented for a period not to exceed 15 days, provided such
67plans do not substantially interfere with the ability of the
68Senate and the House of Representatives to assemble for any
69constitutional purpose.
70     (b)  To provide and maintain the security of all property
71located in the Capitol Complex in a manner consistent with the
72security plans developed and approved under paragraph (a) and,
73in consultation with the State Fire Marshal, to provide for
74evacuations, information, and training required for firesafety
75on such property in a manner consistent with s. 633.085.
76     (c)  To develop plans for reporting incidents involving
77buildings and property within the Capitol Complex, emergency
78procedures and evacuation routes in the event of fire, security
79threats, incidents prompting a need for evacuation, acts of
80terrorism, or natural or manmade disaster and to make such
81procedures and routes known to those persons occupying such
82buildings.
83     (d)  To employ officers who hold certification as law
84enforcement officers in accordance with the minimum standards
85and qualifications as set forth in s. 943.13 and the provisions
86of chapter 110, and who have the authority to bear arms, make
87arrests, except as may be limited in the security plans
88established under paragraph (a), and apply for arrest warrants.
89     (e)  To hire guards and administrative, clerical,
90technical, and other personnel as may be required.
91     (f)  To train all officers and other employees in fire
92prevention, firesafety, emergency medical procedures, and
93preventing and responding to acts of terrorism.
94     (g)  To respond to all complaints relating to criminal
95activity or security threats within the Capitol Complex, or
96against the Governor, the Lieutenant Governor, a member of the
97Cabinet, a member of the Senate or of the House of
98Representatives, or an employee assisting such official.
99     (h)  As provided by the security plans developed and
100approved under paragraph (a), upon request of the presiding
101officer of either house of the Legislature, the director may
102assign one or more officers for the protection of a member of
103the house served by such presiding officer. Per diem and
104subsistence allowance for department employees traveling with a
105member of the Legislature away from Tallahassee shall be
106computed by payment of a sum up to the amounts permitted in s.
107112.061 for meals, plus actual expenses for lodging to be
108substantiated by paid bills therefor.
109     (i)  To enforce rules of the Department of Management
110Services governing the regulation of traffic and parking within
111the Capitol Complex and to impound illegally or wrongfully
112parked vehicles.
113     (j)  To establish policies for the organizational
114structure, principles of command, and internal operations of the
115Capitol Police, provided that such policies are not inconsistent
116with the provisions of ss. 943.61-943.68 or the security plans
117developed and approved under paragraph (a).
118     (k)  To carry out the transportation and protective
119services functions described in s. 943.68.
120     Section 2.  Subsection (6) is added to section 943.611,
121Florida Statutes, to read:
122     943.611  Director of Capitol Police.--
123     (6)  At the discretion of the executive director of the
124department, the director may serve as the director of the unit
125within the department providing transportation and protective
126services as set forth in s. 943.68.
127     Section 3.  Subsection (1) of section 943.62, Florida
128Statutes, is amended to read:
129     943.62  Investigations by the Capitol Police.--
130     (1)  In addition to, and in conjunction with, the other
131powers and duties specified by law, the Capitol Police shall
132conduct traffic accident investigations and investigations
133relating to felonies and misdemeanors occurring within the
134Capitol Complex. Any matters may be referred to the department's
135special agents or inspectors or another appropriate law
136enforcement agency for further investigation. Such referrals
137shall include transmittal of records, reports, statements, and
138all other information relating to such matters.
139     Section 4.  Section 943.64, Florida Statutes, is amended to
140read:
141     943.64  Ex officio agents.--Law enforcement officers of the
142Department of Highway Safety and Motor Vehicles, special agents
143or inspectors of the Department of Law Enforcement, and law
144enforcement officers of other state agencies, counties, and
145municipalities are ex officio agents of the Capitol Police, and
146may, when authorized by the executive director of the department
147or the executive director's designee Capitol Police, enforce
148rules and laws applicable to the powers and duties of the
149Capitol Police to provide and maintain the security required by
150ss. 943.61-943.68.
151     Section 5.  Subsections (3), (6), and (9) of section
152943.68, Florida Statutes, are amended to read:
153     943.68  Transportation and protective services.--
154     (3)  The executive director shall assign agents for the
155performance of the duties prescribed in this section. The
156assignment of such agents shall be subject to continuing
157approval of the Governor. Upon request of the Governor, the
158executive director shall reassign an agent from continued
159performance of such duties. The executive director may authorize
160the Director of Capitol Police to exercise the authority
161provided in this subsection.
162     (6)  The department shall provide security or
163transportation services to other persons when requested by the
164Governor, the Lieutenant Governor, a member of the Cabinet, the
165Speaker of the House of Representatives, the President of the
166Senate, or the Chief Justice of the Supreme Court, subject to
167certification by the requesting party agency head that such
168services are in the best interest of the state. The requesting
169party agency head may delegate certification authority to the
170executive director of the department. The requesting party
171agency head shall limit such services to persons:
172     (a)  Who are visiting the state; for whom such services are
173requested by the Governor, the Lieutenant Governor, a member of
174the Cabinet, the Speaker of the House of Representatives, the
175President of the Senate, or the Chief Justice of the Supreme
176Court; and for whom the primary purpose of the visit is for a
177significant public purpose and to promote the development of the
178state; or
179     (b)  For whom the failure to provide security or
180transportation could result in a clear and present danger to the
181personal safety of such persons or to the safety of other
182persons or property within this state or could result in public
183embarrassment to the state.
184     (9)  The department shall submit a report each reports on
185July 15 and January 15 of each year to the President of the
186Senate, Speaker of the House of Representatives, Governor, and
187members of the Cabinet, detailing all transportation and
188protective services provided under subsections (1), (5), and (6)
189within the preceding fiscal year 6 months. Each report shall
190include a detailed accounting of the cost of such transportation
191and protective services, including the names of persons provided
192such services and the nature of state business performed.
193     Section 6.  Paragraph (a) of subsection (1) of section
194316.640, Florida Statutes, is amended to read:
195     316.640  Enforcement.--The enforcement of the traffic laws
196of this state is vested as follows:
197     (1)  STATE.--
198     (a)1.a.  The Division of Florida Highway Patrol of the
199Department of Highway Safety and Motor Vehicles;, the Division
200of Law Enforcement of the Fish and Wildlife Conservation
201Commission;, the Division of Law Enforcement of the Department
202of Environmental Protection;, and law enforcement officers of
203the Department of Transportation; and the agents, inspectors,
204and officers of the Department of Law Enforcement each have
205authority to enforce all of the traffic laws of this state on
206all the streets and highways thereof and elsewhere throughout
207the state wherever the public has a right to travel by motor
208vehicle.
209     b.  University police officers shall have authority to
210enforce all of the traffic laws of this state when such
211violations occur on or about any property or facilities that are
212under the guidance, supervision, regulation, or control of a
213state university, a direct-support organization of such state
214university, or any other organization controlled by the state
215university or a direct-support organization of the state
216university, except that traffic laws may be enforced off-campus
217when hot pursuit originates on or adjacent to any such property
218or facilities.
219     c.  Community college police officers shall have the
220authority to enforce all the traffic laws of this state only
221when such violations occur on any property or facilities that
222are under the guidance, supervision, regulation, or control of
223the community college system.
224     d.  Police officers employed by an airport authority shall
225have the authority to enforce all of the traffic laws of this
226state only when such violations occur on any property or
227facilities that are owned or operated by an airport authority.
228     (I)  An airport authority may employ as a parking
229enforcement specialist any individual who successfully completes
230a training program established and approved by the Criminal
231Justice Standards and Training Commission for parking
232enforcement specialists but who does not otherwise meet the
233uniform minimum standards established by the commission for law
234enforcement officers or auxiliary or part-time officers under s.
235943.12. Nothing in this sub-sub-subparagraph shall be construed
236to permit the carrying of firearms or other weapons, nor shall
237such parking enforcement specialist have arrest authority.
238     (II)  A parking enforcement specialist employed by an
239airport authority is authorized to enforce all state, county,
240and municipal laws and ordinances governing parking only when
241such violations are on property or facilities owned or operated
242by the airport authority employing the specialist, by
243appropriate state, county, or municipal traffic citation.
244     e.  The Office of Agricultural Law Enforcement of the
245Department of Agriculture and Consumer Services shall have the
246authority to enforce traffic laws of this state.
247     f.  School safety officers shall have the authority to
248enforce all of the traffic laws of this state when such
249violations occur on or about any property or facilities which
250are under the guidance, supervision, regulation, or control of
251the district school board.
252     2.  An agency of the state as described in subparagraph 1.
253is prohibited from establishing a traffic citation quota. A
254violation of this subparagraph is not subject to the penalties
255provided in chapter 318.
256     3.  Any disciplinary action taken or performance evaluation
257conducted by an agency of the state as described in subparagraph
2581. of a law enforcement officer's traffic enforcement activity
259must be in accordance with written work-performance standards.
260Such standards must be approved by the agency and any collective
261bargaining unit representing such law enforcement officer. A
262violation of this subparagraph is not subject to the penalties
263provided in chapter 318.
264     4.  The Division of the Florida Highway Patrol may employ
265as a traffic accident investigation officer any individual who
266successfully completes instruction in traffic accident
267investigation and court presentation through the Selective
268Traffic Enforcement Program as approved by the Criminal Justice
269Standards and Training Commission and funded through the
270National Highway Traffic Safety Administration or a similar
271program approved by the commission, but who does not necessarily
272meet the uniform minimum standards established by the commission
273for law enforcement officers or auxiliary law enforcement
274officers under chapter 943. Any such traffic accident
275investigation officer who makes an investigation at the scene of
276a traffic accident may issue traffic citations, based upon
277personal investigation, when he or she has reasonable and
278probable grounds to believe that a person who was involved in
279the accident committed an offense under this chapter, chapter
280319, chapter 320, or chapter 322 in connection with the
281accident. This subparagraph does not permit the officer to carry
282firearms or other weapons, and such an officer does not have
283authority to make arrests.
284     Section 7.  This act shall take effect July 1, 2005.


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