Florida Senate - 2013 SB 454
By Senator Benacquisto
30-00476A-13 2013454__
1 A bill to be entitled
2 An act relating to Florida College System police
3 officers; amending s. 23.1225, F.S.; providing for
4 mutual aid agreements involving Florida College System
5 police officers; amending s. 316.640, F.S.; providing
6 for enforcement of traffic laws in certain areas by
7 Florida College System police officers; amending s.
8 1012.88, F.S.; revising provisions relating to the
9 jurisdictional authority of Florida College System
10 police officers; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (a) of subsection (1) of section
15 23.1225, Florida Statutes, is amended to read:
16 23.1225 Mutual aid agreements.—
17 (1) The term “mutual aid agreement,” as used in this part,
18 refers to one of the following types of agreement:
19 (a) A voluntary cooperation written agreement between two
20 or more law enforcement agencies, which agreement permits
21 voluntary cooperation and assistance of a routine law
22 enforcement nature across jurisdictional lines. The agreement
23 must specify the nature of the law enforcement assistance to be
24 rendered, the agency or entity that shall bear any liability
25 arising from acts undertaken under the agreement, the procedures
26 for requesting and for authorizing assistance, the agency or
27 entity that has command and supervisory responsibility, a time
28 limit for the agreement, the amount of any compensation or
29 reimbursement to the assisting agency or entity, and any other
30 terms and conditions necessary to give it effect. Examples of
31 law enforcement activities that may be addressed in a voluntary
32 cooperation written agreement include, but are not limited to,
33 establishing a joint city-county task force on narcotics
34 smuggling, authorizing school safety officers to enforce laws in
35 an area within 1,000 feet of a school or school board property,
36 authorizing state university or Florida College System police
37 officers to enforce laws within a specified jurisdictional area
38 as agreed upon in a the voluntary cooperation written agreement,
39 or establishing a joint city-county traffic enforcement task
40 force.
41 Section 2. Paragraph (a) of subsection (1) of section
42 316.640, Florida Statutes, is amended to read:
43 316.640 Enforcement.—The enforcement of the traffic laws of
44 this state is vested as follows:
45 (1) STATE.—
46 (a)1.a. The Division of Florida Highway Patrol of the
47 Department of Highway Safety and Motor Vehicles; the Division of
48 Law Enforcement of the Fish and Wildlife Conservation
49 Commission; and the agents, inspectors, and officers of the
50 Department of Law Enforcement each have authority to enforce all
51 of the traffic laws of this state on all the streets and
52 highways thereof and elsewhere throughout the state wherever the
53 public has a right to travel by motor vehicle.
54 b. University police officers may enforce all of the
55 traffic laws of this state when violations occur on or within
56 1,000 feet of any property or facilities that are under the
57 guidance, supervision, regulation, or control of a state
58 university, a direct-support organization of such state
59 university, or any other organization controlled by the state
60 university or a direct-support organization of the state
61 university, or when such violations occur within a specified
62 jurisdictional area as agreed upon in a mutual aid agreement
63 entered into with a law enforcement agency pursuant to s.
64 23.1225(1). Traffic laws may also be enforced off-campus when
65 hot pursuit originates on or within 1,000 feet of any such
66 property or facilities, or as agreed upon in accordance with the
67 mutual aid agreement.
68 c. Florida Community College System police officers may
69 enforce all the traffic laws of this state only when such
70 violations occur on or within 1,000 feet of any property or
71 facilities that are under the guidance, supervision, regulation,
72 or control of the Florida College System institution, or when
73 such violations occur within a specified jurisdictional area as
74 agreed upon in a mutual aid agreement entered into with a law
75 enforcement agency pursuant to s. 23.1225. Traffic laws may also
76 be enforced off-campus when hot pursuit originates on or within
77 1,000 feet of any such property or facilities, or as agreed upon
78 in accordance with the mutual aid agreement community college
79 system.
80 d. Police officers employed by an airport authority may
81 enforce all of the traffic laws of this state only when such
82 violations occur on any property or facilities that are owned or
83 operated by an airport authority.
84 (I) An airport authority may employ as a parking
85 enforcement specialist any individual who successfully completes
86 a training program established and approved by the Criminal
87 Justice Standards and Training Commission for parking
88 enforcement specialists but who does not otherwise meet the
89 uniform minimum standards established by the commission for law
90 enforcement officers or auxiliary or part-time officers under s.
91 943.12. This sub-sub-subparagraph may not be construed to permit
92 the carrying of firearms or other weapons, nor shall such
93 parking enforcement specialist have arrest authority.
94 (II) A parking enforcement specialist employed by an
95 airport authority may enforce all state, county, and municipal
96 laws and ordinances governing parking only when such violations
97 are on property or facilities owned or operated by the airport
98 authority employing the specialist, by appropriate state,
99 county, or municipal traffic citation.
100 e. The Office of Agricultural Law Enforcement of the
101 Department of Agriculture and Consumer Services may enforce
102 traffic laws of this state.
103 f. School safety officers may enforce all of the traffic
104 laws of this state when such violations occur on or about any
105 property or facilities that are under the guidance, supervision,
106 regulation, or control of the district school board.
107 2. An agency of the state as described in subparagraph 1.
108 is prohibited from establishing a traffic citation quota. A
109 violation of this subparagraph is not subject to the penalties
110 provided in chapter 318.
111 3. Any disciplinary action taken or performance evaluation
112 conducted by an agency of the state as described in subparagraph
113 1. of a law enforcement officer’s traffic enforcement activity
114 must be in accordance with written work-performance standards.
115 Such standards must be approved by the agency and any collective
116 bargaining unit representing such law enforcement officer. A
117 violation of this subparagraph is not subject to the penalties
118 provided in chapter 318.
119 4. The Division of the Florida Highway Patrol may employ as
120 a traffic accident investigation officer any individual who
121 successfully completes instruction in traffic accident
122 investigation and court presentation through the Selective
123 Traffic Enforcement Program as approved by the Criminal Justice
124 Standards and Training Commission and funded through the
125 National Highway Traffic Safety Administration or a similar
126 program approved by the commission, but who does not necessarily
127 meet the uniform minimum standards established by the commission
128 for law enforcement officers or auxiliary law enforcement
129 officers under chapter 943. Any such traffic accident
130 investigation officer who makes an investigation at the scene of
131 a traffic accident may issue traffic citations, based upon
132 personal investigation, when he or she has reasonable and
133 probable grounds to believe that a person who was involved in
134 the accident committed an offense under this chapter, chapter
135 319, chapter 320, or chapter 322 in connection with the
136 accident. This subparagraph does not permit the officer to carry
137 firearms or other weapons, and such an officer does not have
138 authority to make arrests.
139 Section 3. Subsection (2) of section 1012.88, Florida
140 Statutes, is amended to read:
141 1012.88 Florida College System institution police.—
142 (2) Each Florida College System institution police officer
143 is a law enforcement officer of the state and a conservator of
144 the peace who has the authority to arrest, in accordance with
145 the laws of this state, any person for a violation of state law
146 or applicable county or municipal ordinance if that violation
147 occurs on or in any property or facilities or within 1,000 feet
148 of any property of the Florida College System institution by
149 which he or she is employed or any property or facilities of a
150 direct-support organization of such Florida College System
151 institution or any other organization controlled by the Florida
152 College System institution, or when such violations occur within
153 a specified jurisdictional area as agreed upon in a mutual aid
154 agreement entered into with a law enforcement agency pursuant to
155 s. 23.1225. A Florida College System institution police officer
156 may also arrest a person off campus for a violation committed on
157 campus after a hot pursuit of that person that began on or
158 within 1,000 feet of any such property or facilities. A Florida
159 College System institution police officer may bear arms in the
160 performance of his or her duties and carry out a search pursuant
161 to a search warrant on the campus where he or she is employed.
162 Florida College System institution police, upon request of the
163 sheriff or local police authority, may serve subpoenas or other
164 legal process and may make arrests of persons against whom
165 arrest warrants have been issued or against whom charges have
166 been made for violations of federal or state laws or county or
167 municipal ordinances.
168 Section 4. This act shall take effect July 1, 2013.