December 06, 2019
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HB 345

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; amending s. 943.681, F.S.; revising
15provisions relating to the safety and security needs of
16the Historic Capitol and the R.A. Gray Building; providing
17an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsections (1) and (4) of section 943.61,
22Florida Statutes, are amended to read:
23     943.61  Powers and duties of the Capitol Police.--
24     (1)  There is created the Capitol Police within the
25Department of Law Enforcement, to serve the safety and security
26needs of both the legislative and executive branches of state
27government. It is the intent of the Legislature that the Capitol
28Police serve as a specially trained and highly effective
29security and law enforcement agency serving the Capitol Complex
30and the state. It shall be the primary responsibility of the
31Capitol Police to protect the security of the Governor, the
32Lieutenant Governor, the members of the Cabinet, and the members
33of the Senate and of the House of Representatives, and those
34employees assigned to assist such state officials in the
35performance of their official duties, and to ensure their access
36to buildings and premises within the Capitol Complex, thereby
37providing for the continuous operation of the government of the
38State of Florida. The provision of other law enforcement
39services and protection of property shall be secondary
40responsibilities.
41     (4)  The Capitol Police shall have the following
42responsibilities, powers, and duties:
43     (a)  To develop, in consultation with the Governor, Cabinet
44officers, the President of the Senate, and the Speaker of the
45House of Representatives, written operational plans for basic
46and enhanced security measures and actions related to the
47Capitol Complex. Such plans and any changes or amendments
48thereto shall not be implemented unless presented in writing in
49final form to the Governor, the President of the Senate, and the
50Speaker of the House of Representatives and all three grant
51their approval in writing. The approval of any officer required
52herein shall expire 60 days after such officer vacates his or
53her office, and the written approval of the successor in office
54must be obtained prior to the continuation of operations under
55such plans. Upon the request of the Governor, a Cabinet officer,
56the President of the Senate, or the Speaker of the House of
57Representatives, the Capitol Police shall activate previously
58approved enhanced security measures and actions in accordance
59with the approved operational plans specific to the requesting
60officer's responsibilities and to the facilities occupied by
61such officer and employees responsible to such officer. Upon an
62emergency threatening the immediate safety and security of
63occupants of the Capitol Complex, so declared by the Governor,
64plans not approved as required by this paragraph may be
65implemented for a period not to exceed 15 days, provided such
66plans do not substantially interfere with the ability of the
67Senate and the House of Representatives to assemble for any
68constitutional purpose.
69     (b)  To provide and maintain the security of all property
70located in the Capitol Complex in a manner consistent with the
71security plans developed and approved under paragraph (a) and,
72in consultation with the State Fire Marshal, to provide for
73evacuations, information, and training required for firesafety
74on such property in a manner consistent with s. 633.085.
75     (c)  To develop plans for reporting incidents involving
76buildings and property within the Capitol Complex, emergency
77procedures and evacuation routes in the event of fire, security
78threats, incidents prompting a need for evacuation, acts of
79terrorism, or natural or manmade disaster and to make such
80procedures and routes known to those persons occupying such
81buildings.
82     (d)  To employ officers who hold certification as law
83enforcement officers in accordance with the minimum standards
84and qualifications as set forth in s. 943.13 and the provisions
85of chapter 110, and who have the authority to bear arms, make
86arrests, except as may be limited in the security plans
87established under paragraph (a), and apply for arrest warrants.
88     (e)  To hire guards and administrative, clerical,
89technical, and other personnel as may be required.
90     (f)  To train all officers and other employees in fire
91prevention, firesafety, emergency medical procedures, and
92preventing and responding to acts of terrorism.
93     (g)  To respond to all complaints relating to criminal
94activity or security threats within the Capitol Complex, or
95against the Governor, the Lieutenant Governor, a member of the
96Cabinet, a member of the Senate or of the House of
97Representatives, or an employee assisting such official.
98     (h)  As provided by the security plans developed and
99approved under paragraph (a), upon request of the presiding
100officer of either house of the Legislature, the director may
101assign one or more officers for the protection of a member of
102the house served by such presiding officer. Per diem and
103subsistence allowance for department employees traveling with a
104member of the Legislature away from Tallahassee shall be
105computed by payment of a sum up to the amounts permitted in s.
106112.061 for meals, plus actual expenses for lodging to be
107substantiated by paid bills therefor.
108     (i)  To enforce rules of the Department of Management
109Services governing the regulation of traffic and parking within
110the Capitol Complex and to impound illegally or wrongfully
111parked vehicles.
112     (j)  To establish policies for the organizational
113structure, principles of command, and internal operations of the
114Capitol Police, provided that such policies are not inconsistent
115with the provisions of ss. 943.61-943.68 or the security plans
116developed and approved under paragraph (a).
117     (k)  To carry out the transportation and protective
118services functions described in s. 943.68.
119     Section 2.  Subsection (6) is added to section 943.611,
120Florida Statutes, to read:
121     943.611  Director of Capitol Police.--
122     (6)  At the discretion of the executive director of the
123department, the director may serve as the director of the unit
124within the department providing transportation and protective
125services as set forth in s. 943.68.
126     Section 3.  Subsection (1) of section 943.62, Florida
127Statutes, is amended to read:
128     943.62  Investigations by the Capitol Police.--
129     (1)  In addition to, and in conjunction with, the other
130powers and duties specified by law, the Capitol Police shall
131conduct traffic accident investigations and investigations
132relating to felonies and misdemeanors occurring within the
133Capitol Complex. Any matters may be referred to the department's
134special agents or inspectors or another appropriate law
135enforcement agency for further investigation. Such referrals
136shall include transmittal of records, reports, statements, and
137all other information relating to such matters.
138     Section 4.  Section 943.64, Florida Statutes, is amended to
139read:
140     943.64  Ex officio agents.--Law enforcement officers of the
141Department of Highway Safety and Motor Vehicles, special agents
142or inspectors of the Department of Law Enforcement, and law
143enforcement officers of other state agencies, counties, and
144municipalities are ex officio agents of the Capitol Police, and
145may, when authorized by the executive director of the department
146or the executive director's designee Capitol Police, enforce
147rules and laws applicable to the powers and duties of the
148Capitol Police to provide and maintain the security required by
149ss. 943.61-943.68.
150     Section 5.  Subsections (3), (6), and (9) of section
151943.68, Florida Statutes, are amended to read:
152     943.68  Transportation and protective services.--
153     (3)  The executive director shall assign agents for the
154performance of the duties prescribed in this section. The
155assignment of such agents shall be subject to continuing
156approval of the Governor. Upon request of the Governor, the
157executive director shall reassign an agent from continued
158performance of such duties. The executive director may authorize
159the Director of Capitol Police to exercise the authority
160provided in this subsection.
161     (6)  The department shall provide security or
162transportation services to other persons when requested by the
163Governor, the Lieutenant Governor, a member of the Cabinet, the
164Speaker of the House of Representatives, the President of the
165Senate, or the Chief Justice of the Supreme Court, subject to
166certification by the requesting party agency head that such
167services are in the best interest of the state. The requesting
168party agency head may delegate certification authority to the
169executive director of the department. The requesting party
170agency head shall limit such services to persons:
171     (a)  Who are visiting the state; for whom such services are
172requested by the Governor, the Lieutenant Governor, a member of
173the Cabinet, the Speaker of the House of Representatives, the
174President of the Senate, or the Chief Justice of the Supreme
175Court; and for whom the primary purpose of the visit is for a
176significant public purpose and to promote the development of the
177state; or
178     (b)  For whom the failure to provide security or
179transportation could result in a clear and present danger to the
180personal safety of such persons or to the safety of other
181persons or property within this state or could result in public
182embarrassment to the state.
183     (9)  The department shall submit a report each reports on
184July 15 and January 15 of each year to the President of the
185Senate, Speaker of the House of Representatives, Governor, and
186members of the Cabinet, detailing all transportation and
187protective services provided under subsections (1), (5), and (6)
188within the preceding fiscal year 6 months. Each report shall
189include a detailed accounting of the cost of such transportation
190and protective services, including the names of persons provided
191such services and the nature of state business performed.
192     Section 6.  Paragraph (a) of subsection (1) of section
193316.640, Florida Statutes, is amended to read:
194     316.640  Enforcement.--The enforcement of the traffic laws
195of this state is vested as follows:
196     (1)  STATE.--
197     (a)1.a.  The Division of Florida Highway Patrol of the
198Department of Highway Safety and Motor Vehicles;, the Division
199of Law Enforcement of the Fish and Wildlife Conservation
200Commission;, the Division of Law Enforcement of the Department
201of Environmental Protection;, and law enforcement officers of
202the Department of Transportation; and the agents, inspectors,
203and officers of the Department of Law Enforcement each have
204authority to enforce all of the traffic laws of this state on
205all the streets and highways thereof and elsewhere throughout
206the state wherever the public has a right to travel by motor
207vehicle.
208     b.  University police officers shall have authority to
209enforce all of the traffic laws of this state when such
210violations occur on or about any property or facilities that are
211under the guidance, supervision, regulation, or control of a
212state university, a direct-support organization of such state
213university, or any other organization controlled by the state
214university or a direct-support organization of the state
215university, except that traffic laws may be enforced off-campus
216when hot pursuit originates on or adjacent to any such property
217or facilities.
218     c.  Community college police officers shall have the
219authority to enforce all the traffic laws of this state only
220when such violations occur on any property or facilities that
221are under the guidance, supervision, regulation, or control of
222the community college system.
223     d.  Police officers employed by an airport authority shall
224have the authority to enforce all of the traffic laws of this
225state only when such violations occur on any property or
226facilities that are owned or operated by an airport authority.
227     (I)  An airport authority may employ as a parking
228enforcement specialist any individual who successfully completes
229a training program established and approved by the Criminal
230Justice Standards and Training Commission for parking
231enforcement specialists but who does not otherwise meet the
232uniform minimum standards established by the commission for law
233enforcement officers or auxiliary or part-time officers under s.
234943.12. Nothing in this sub-sub-subparagraph shall be construed
235to permit the carrying of firearms or other weapons, nor shall
236such parking enforcement specialist have arrest authority.
237     (II)  A parking enforcement specialist employed by an
238airport authority is authorized to enforce all state, county,
239and municipal laws and ordinances governing parking only when
240such violations are on property or facilities owned or operated
241by the airport authority employing the specialist, by
242appropriate state, county, or municipal traffic citation.
243     e.  The Office of Agricultural Law Enforcement of the
244Department of Agriculture and Consumer Services shall have the
245authority to enforce traffic laws of this state.
246     f.  School safety officers shall have the authority to
247enforce all of the traffic laws of this state when such
248violations occur on or about any property or facilities which
249are under the guidance, supervision, regulation, or control of
250the district school board.
251     2.  An agency of the state as described in subparagraph 1.
252is prohibited from establishing a traffic citation quota. A
253violation of this subparagraph is not subject to the penalties
254provided in chapter 318.
255     3.  Any disciplinary action taken or performance evaluation
256conducted by an agency of the state as described in subparagraph
2571. of a law enforcement officer's traffic enforcement activity
258must be in accordance with written work-performance standards.
259Such standards must be approved by the agency and any collective
260bargaining unit representing such law enforcement officer. A
261violation of this subparagraph is not subject to the penalties
262provided in chapter 318.
263     4.  The Division of the Florida Highway Patrol may employ
264as a traffic accident investigation officer any individual who
265successfully completes instruction in traffic accident
266investigation and court presentation through the Selective
267Traffic Enforcement Program as approved by the Criminal Justice
268Standards and Training Commission and funded through the
269National Highway Traffic Safety Administration or a similar
270program approved by the commission, but who does not necessarily
271meet the uniform minimum standards established by the commission
272for law enforcement officers or auxiliary law enforcement
273officers under chapter 943. Any such traffic accident
274investigation officer who makes an investigation at the scene of
275a traffic accident may issue traffic citations, based upon
276personal investigation, when he or she has reasonable and
277probable grounds to believe that a person who was involved in
278the accident committed an offense under this chapter, chapter
279319, chapter 320, or chapter 322 in connection with the
280accident. This subparagraph does not permit the officer to carry
281firearms or other weapons, and such an officer does not have
282authority to make arrests.
283     Section 7.  Section 943.681, Florida Statutes, is amended
284to read:
285     943.681  Capitol Police program; funding.--Funds shall be
286transferred quarterly, beginning July 1, 2002, by the Department
287of Management Services, from the Supervision Trust Fund, to the
288Florida Department of Law Enforcement for the purpose of funding
289the Capitol Police program. Funds are provided from the office
290space rental receipts assessed to tenant agencies in the Florida
291Facilities Pool, based on the rental assessment mandated in s.
292255.51. Transfers shall be based on the existing rental rate on
293July 1, 2002, unless otherwise appropriated by the Legislature.
294Additionally, nothing herein shall limit the Capitol Police from
295providing for the safety and security needs of the
296archaeological, archival, and historic treasures and artifacts
297housed in the Historic Capitol or the R.A. Gray building, as the
298official capitol repositories, from funds provided by the
299Department of State.
300     Section 8.  This act shall take effect July 1, 2005.


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