_h0345c2
HB 0345CS

CHAMBER ACTION




1The Justice Council 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; amending s. 943.681, F.S.; revising
19provisions relating to the safety and security needs of
20the Historic Capitol and the R.A. Gray Building; providing
21an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsections (1) and (4) of section 943.61,
26Florida Statutes, are amended to read:
27     943.61  Powers and duties of the Capitol Police.--
28     (1)  There is created the Capitol Police within the
29Department of Law Enforcement, to serve the safety and security
30needs of both the legislative and executive branches of state
31government. It is the intent of the Legislature that the Capitol
32Police serve as a specially trained and highly effective
33security and law enforcement agency serving the Capitol Complex
34and the state. It shall be the primary responsibility of the
35Capitol Police to protect the security of the Governor, the
36Lieutenant Governor, the members of the Cabinet, and the members
37of the Senate and of the House of Representatives, and those
38employees assigned to assist such state officials in the
39performance of their official duties, and to ensure their access
40to buildings and premises within the Capitol Complex, thereby
41providing for the continuous operation of the government of the
42State of Florida. The provision of other law enforcement
43services and protection of property shall be secondary
44responsibilities.
45     (4)  The Capitol Police shall have the following
46responsibilities, powers, and duties:
47     (a)  To develop, in consultation with the Governor, Cabinet
48officers, the President of the Senate, and the Speaker of the
49House of Representatives, written operational plans for basic
50and enhanced security measures and actions related to the
51Capitol Complex. Such plans and any changes or amendments
52thereto shall not be implemented unless presented in writing in
53final form to the Governor, the President of the Senate, and the
54Speaker of the House of Representatives and all three grant
55their approval in writing. The approval of any officer required
56herein shall expire 60 days after such officer vacates his or
57her office, and the written approval of the successor in office
58must be obtained prior to the continuation of operations under
59such plans. Upon the request of the Governor, a Cabinet officer,
60the President of the Senate, or the Speaker of the House of
61Representatives, the Capitol Police shall activate previously
62approved enhanced security measures and actions in accordance
63with the approved operational plans specific to the requesting
64officer's responsibilities and to the facilities occupied by
65such officer and employees responsible to such officer. Upon an
66emergency threatening the immediate safety and security of
67occupants of the Capitol Complex, so declared by the Governor,
68plans not approved as required by this paragraph may be
69implemented for a period not to exceed 15 days, provided such
70plans do not substantially interfere with the ability of the
71Senate and the House of Representatives to assemble for any
72constitutional purpose.
73     (b)  To provide and maintain the security of all property
74located in the Capitol Complex in a manner consistent with the
75security plans developed and approved under paragraph (a) and,
76in consultation with the State Fire Marshal, to provide for
77evacuations, information, and training required for firesafety
78on such property in a manner consistent with s. 633.085.
79     (c)  To develop plans for reporting incidents involving
80buildings and property within the Capitol Complex, emergency
81procedures and evacuation routes in the event of fire, security
82threats, incidents prompting a need for evacuation, acts of
83terrorism, or natural or manmade disaster and to make such
84procedures and routes known to those persons occupying such
85buildings.
86     (d)  To employ officers who hold certification as law
87enforcement officers in accordance with the minimum standards
88and qualifications as set forth in s. 943.13 and the provisions
89of chapter 110, and who have the authority to bear arms, make
90arrests, except as may be limited in the security plans
91established under paragraph (a), and apply for arrest warrants.
92     (e)  To hire guards and administrative, clerical,
93technical, and other personnel as may be required.
94     (f)  To train all officers and other employees in fire
95prevention, firesafety, emergency medical procedures, and
96preventing and responding to acts of terrorism.
97     (g)  To respond to all complaints relating to criminal
98activity or security threats within the Capitol Complex, or
99against the Governor, the Lieutenant Governor, a member of the
100Cabinet, a member of the Senate or of the House of
101Representatives, or an employee assisting such official.
102     (h)  As provided by the security plans developed and
103approved under paragraph (a), upon request of the presiding
104officer of either house of the Legislature, the director may
105assign one or more officers for the protection of a member of
106the house served by such presiding officer. Per diem and
107subsistence allowance for department employees traveling with a
108member of the Legislature away from Tallahassee shall be
109computed by payment of a sum up to the amounts permitted in s.
110112.061 for meals, plus actual expenses for lodging to be
111substantiated by paid bills therefor.
112     (i)  To enforce rules of the Department of Management
113Services governing the regulation of traffic and parking within
114the Capitol Complex and to impound illegally or wrongfully
115parked vehicles.
116     (j)  To establish policies for the organizational
117structure, principles of command, and internal operations of the
118Capitol Police, provided that such policies are not inconsistent
119with the provisions of ss. 943.61-943.68 or the security plans
120developed and approved under paragraph (a).
121     (k)  To carry out the transportation and protective
122services functions described in s. 943.68.
123     Section 2.  Subsection (6) is added to section 943.611,
124Florida Statutes, to read:
125     943.611  Director of Capitol Police.--
126     (6)  At the discretion of the executive director of the
127department, the director may serve as the director of the unit
128within the department providing transportation and protective
129services as set forth in s. 943.68.
130     Section 3.  Subsection (1) of section 943.62, Florida
131Statutes, is amended to read:
132     943.62  Investigations by the Capitol Police.--
133     (1)  In addition to, and in conjunction with, the other
134powers and duties specified by law, the Capitol Police shall
135conduct traffic accident investigations and investigations
136relating to felonies and misdemeanors occurring within the
137Capitol Complex. Any matters may be referred to the department's
138special agents or inspectors or another appropriate law
139enforcement agency for further investigation. Such referrals
140shall include transmittal of records, reports, statements, and
141all other information relating to such matters.
142     Section 4.  Section 943.64, Florida Statutes, is amended to
143read:
144     943.64  Ex officio agents.--Law enforcement officers of the
145Department of Highway Safety and Motor Vehicles, special agents
146or inspectors of the Department of Law Enforcement, and law
147enforcement officers of other state agencies, counties, and
148municipalities are ex officio agents of the Capitol Police, and
149may, when authorized by the executive director of the department
150or the executive director's designee Capitol Police, enforce
151rules and laws applicable to the powers and duties of the
152Capitol Police to provide and maintain the security required by
153ss. 943.61-943.68.
154     Section 5.  Subsections (3), (6), and (9) of section
155943.68, Florida Statutes, are amended to read:
156     943.68  Transportation and protective services.--
157     (3)  The executive director shall assign agents for the
158performance of the duties prescribed in this section. The
159assignment of such agents shall be subject to continuing
160approval of the Governor. Upon request of the Governor, the
161executive director shall reassign an agent from continued
162performance of such duties. The executive director may authorize
163the Director of Capitol Police to exercise the authority
164provided in this subsection.
165     (6)  The department shall provide security or
166transportation services to other persons when requested by the
167Governor, the Lieutenant Governor, a member of the Cabinet, the
168Speaker of the House of Representatives, the President of the
169Senate, or the Chief Justice of the Supreme Court, subject to
170certification by the requesting party agency head that such
171services are in the best interest of the state. The requesting
172party agency head may delegate certification authority to the
173executive director of the department. The requesting party
174agency head shall limit such services to persons:
175     (a)  Who are visiting the state; for whom such services are
176requested by the Governor, the Lieutenant Governor, a member of
177the Cabinet, the Speaker of the House of Representatives, the
178President of the Senate, or the Chief Justice of the Supreme
179Court; and for whom the primary purpose of the visit is for a
180significant public purpose and to promote the development of the
181state; or
182     (b)  For whom the failure to provide security or
183transportation could result in a clear and present danger to the
184personal safety of such persons or to the safety of other
185persons or property within this state or could result in public
186embarrassment to the state.
187     (9)  The department shall submit a report each reports on
188July 15 and January 15 of each year to the President of the
189Senate, Speaker of the House of Representatives, Governor, and
190members of the Cabinet, detailing all transportation and
191protective services provided under subsections (1), (5), and (6)
192within the preceding fiscal year 6 months. Each report shall
193include a detailed accounting of the cost of such transportation
194and protective services, including the names of persons provided
195such services and the nature of state business performed.
196     Section 6.  Paragraph (a) of subsection (1) of section
197316.640, Florida Statutes, is amended to read:
198     316.640  Enforcement.--The enforcement of the traffic laws
199of this state is vested as follows:
200     (1)  STATE.--
201     (a)1.a.  The Division of Florida Highway Patrol of the
202Department of Highway Safety and Motor Vehicles;, the Division
203of Law Enforcement of the Fish and Wildlife Conservation
204Commission;, the Division of Law Enforcement of the Department
205of Environmental Protection;, and law enforcement officers of
206the Department of Transportation; and the agents, inspectors,
207and officers of the Department of Law Enforcement each have
208authority to enforce all of the traffic laws of this state on
209all the streets and highways thereof and elsewhere throughout
210the state wherever the public has a right to travel by motor
211vehicle.
212     b.  University police officers shall have authority to
213enforce all of the traffic laws of this state when such
214violations occur on or about any property or facilities that are
215under the guidance, supervision, regulation, or control of a
216state university, a direct-support organization of such state
217university, or any other organization controlled by the state
218university or a direct-support organization of the state
219university, except that traffic laws may be enforced off-campus
220when hot pursuit originates on or adjacent to any such property
221or facilities.
222     c.  Community college police officers shall have the
223authority to enforce all the traffic laws of this state only
224when such violations occur on any property or facilities that
225are under the guidance, supervision, regulation, or control of
226the community college system.
227     d.  Police officers employed by an airport authority shall
228have the authority to enforce all of the traffic laws of this
229state only when such violations occur on any property or
230facilities that are owned or operated by an airport authority.
231     (I)  An airport authority may employ as a parking
232enforcement specialist any individual who successfully completes
233a training program established and approved by the Criminal
234Justice Standards and Training Commission for parking
235enforcement specialists but who does not otherwise meet the
236uniform minimum standards established by the commission for law
237enforcement officers or auxiliary or part-time officers under s.
238943.12. Nothing in this sub-sub-subparagraph shall be construed
239to permit the carrying of firearms or other weapons, nor shall
240such parking enforcement specialist have arrest authority.
241     (II)  A parking enforcement specialist employed by an
242airport authority is authorized to enforce all state, county,
243and municipal laws and ordinances governing parking only when
244such violations are on property or facilities owned or operated
245by the airport authority employing the specialist, by
246appropriate state, county, or municipal traffic citation.
247     e.  The Office of Agricultural Law Enforcement of the
248Department of Agriculture and Consumer Services shall have the
249authority to enforce traffic laws of this state.
250     f.  School safety officers shall have the authority to
251enforce all of the traffic laws of this state when such
252violations occur on or about any property or facilities which
253are under the guidance, supervision, regulation, or control of
254the district school board.
255     2.  An agency of the state as described in subparagraph 1.
256is prohibited from establishing a traffic citation quota. A
257violation of this subparagraph is not subject to the penalties
258provided in chapter 318.
259     3.  Any disciplinary action taken or performance evaluation
260conducted by an agency of the state as described in subparagraph
2611. of a law enforcement officer's traffic enforcement activity
262must be in accordance with written work-performance standards.
263Such standards must be approved by the agency and any collective
264bargaining unit representing such law enforcement officer. A
265violation of this subparagraph is not subject to the penalties
266provided in chapter 318.
267     4.  The Division of the Florida Highway Patrol may employ
268as a traffic accident investigation officer any individual who
269successfully completes instruction in traffic accident
270investigation and court presentation through the Selective
271Traffic Enforcement Program as approved by the Criminal Justice
272Standards and Training Commission and funded through the
273National Highway Traffic Safety Administration or a similar
274program approved by the commission, but who does not necessarily
275meet the uniform minimum standards established by the commission
276for law enforcement officers or auxiliary law enforcement
277officers under chapter 943. Any such traffic accident
278investigation officer who makes an investigation at the scene of
279a traffic accident may issue traffic citations, based upon
280personal investigation, when he or she has reasonable and
281probable grounds to believe that a person who was involved in
282the accident committed an offense under this chapter, chapter
283319, chapter 320, or chapter 322 in connection with the
284accident. This subparagraph does not permit the officer to carry
285firearms or other weapons, and such an officer does not have
286authority to make arrests.
287     Section 7.  Section 943.681, Florida Statutes, is amended
288to read:
289     943.681  Capitol Police program; funding.--Funds shall be
290transferred quarterly, beginning July 1, 2002, by the Department
291of Management Services, from the Supervision Trust Fund, to the
292Florida Department of Law Enforcement for the purpose of funding
293the Capitol Police program. Funds are provided from the office
294space rental receipts assessed to tenant agencies in the Florida
295Facilities Pool, based on the rental assessment mandated in s.
296255.51. Transfers shall be based on the existing rental rate on
297July 1, 2002, unless otherwise appropriated by the Legislature.
298Additionally, nothing herein shall limit the Capitol Police from
299providing for the safety and security needs of the
300archaeological, archival, and historic treasures and artifacts
301housed in the Historic Capitol or the R.A. Gray building, as the
302official capitol repositories, from funds provided by the
303Department of State.
304     Section 8.  This act shall take effect July 1, 2005.


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

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