Senate Bill sb2286c2

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    Florida Senate - 2002                    CS for CS for SB 2286

    By the Committees on Agriculture and Consumer Services;
    Comprehensive Planning, Local and Military Affairs; and
    Senators Mitchell, Lawson and Peaden



    303-2213-02

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         316.640, F.S.; eliminating certain limitations

  5         on the authority of the Office of Agricultural

  6         Law Enforcement; amending s. 570.073, F.S.;

  7         specifying duties of the Office of Agricultural

  8         Law Enforcement with respect to its

  9         jurisdiction over violations of law which

10         threaten the security and safety of agriculture

11         and consumer services; authorizing the office

12         to enforce civil traffic offenses and laws

13         relating to the responsibilities of the

14         Commissioner of Agriculture; specifying that

15         officers within the department have the full

16         powers granted to other peace officers of this

17         state; authorizing the commission to appoint

18         part-time, reserve, or auxiliary law

19         enforcement officers; amending s. 163.05, F.S.;

20         revising legislative findings; providing

21         criteria for contracts between the Commissioner

22         of Agriculture and program providers; deleting

23         responsibilities of the Legislative Committee

24         on Intergovernmental Relations; authorizing the

25         Commissioner of Agriculture to award contracts

26         to provide assistance to small counties;

27         requiring the Commissioner of Agriculture to

28         provide fiscal oversight; providing an

29         appropriation; providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Paragraph (a) of subsection (1) of section

  2  316.640, Florida Statutes, is amended to read:

  3         316.640  Enforcement.--The enforcement of the traffic

  4  laws of this state is vested as follows:

  5         (1)  STATE.--

  6         (a)1.a.  The Division of Florida Highway Patrol of the

  7  Department of Highway Safety and Motor Vehicles, the Division

  8  of Law Enforcement of the Fish and Wildlife Conservation

  9  Commission, the Division of Law Enforcement of the Department

10  of Environmental Protection, and law enforcement officers of

11  the Department of Transportation each have authority to

12  enforce all of the traffic laws of this state on all the

13  streets and highways thereof and elsewhere throughout the

14  state wherever the public has a right to travel by motor

15  vehicle. The Division of the Florida Highway Patrol may employ

16  as a traffic accident investigation officer any individual who

17  successfully completes at least 200 hours of instruction in

18  traffic accident investigation and court presentation through

19  the Selective Traffic Enforcement Program as approved by the

20  Criminal Justice Standards and Training Commission and funded

21  through the National Highway Traffic Safety Administration or

22  a similar program approved by the commission, but who does not

23  necessarily meet the uniform minimum standards established by

24  the commission for law enforcement officers or auxiliary law

25  enforcement officers under chapter 943. Any such traffic

26  accident investigation officer who makes an investigation at

27  the scene of a traffic accident may issue traffic citations,

28  based upon personal investigation, when he or she has

29  reasonable and probable grounds to believe that a person who

30  was involved in the accident committed an offense under this

31  chapter, chapter 319, chapter 320, or chapter 322 in

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  1  connection with the accident. This paragraph does not permit

  2  the carrying of firearms or other weapons, nor do such

  3  officers have arrest authority other than for the issuance of

  4  a traffic citation as authorized in this paragraph.

  5         b.  University police officers shall have authority to

  6  enforce all of the traffic laws of this state when such

  7  violations occur on or about any property or facilities that

  8  are under the guidance, supervision, regulation, or control of

  9  the State University System, except that traffic laws may be

10  enforced off-campus when hot pursuit originates on-campus.

11         c.  Community college police officers shall have the

12  authority to enforce all the traffic laws of this state only

13  when such violations occur on any property or facilities that

14  are under the guidance, supervision, regulation, or control of

15  the community college system.

16         d.  Police officers employed by an airport authority

17  shall have the authority to enforce all of the traffic laws of

18  this state only when such violations occur on any property or

19  facilities that are owned or operated by an airport authority.

20         (I)  An airport authority may employ as a parking

21  enforcement specialist any individual who successfully

22  completes a training program established and approved by the

23  Criminal Justice Standards and Training Commission for parking

24  enforcement specialists but who does not otherwise meet the

25  uniform minimum standards established by the commission for

26  law enforcement officers or auxiliary or part-time officers

27  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

28  construed to permit the carrying of firearms or other weapons,

29  nor shall such parking enforcement specialist have arrest

30  authority.

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  1         (II)  A parking enforcement specialist employed by an

  2  airport authority is authorized to enforce all state, county,

  3  and municipal laws and ordinances governing parking only when

  4  such violations are on property or facilities owned or

  5  operated by the airport authority employing the specialist, by

  6  appropriate state, county, or municipal traffic citation.

  7         e.  The Office of Agricultural Law Enforcement of the

  8  Department of Agriculture and Consumer Services shall have the

  9  authority to enforce traffic laws of this state only as

10  authorized by the provisions of chapter 570. However, nothing

11  in this section shall expand the authority of the Office of

12  Agricultural Law Enforcement at its agricultural inspection

13  stations to issue any traffic tickets except those traffic

14  tickets for vehicles illegally passing the inspection station.

15         f.  School safety officers shall have the authority to

16  enforce all of the traffic laws of this state when such

17  violations occur on or about any property or facilities which

18  are under the guidance, supervision, regulation, or control of

19  the district school board.

20         2.  An agency of the state as described in subparagraph

21  1. is prohibited from establishing a traffic citation quota. A

22  violation of this subparagraph is not subject to the penalties

23  provided in chapter 318.

24         3.  Any disciplinary action taken or performance

25  evaluation conducted by an agency of the state as described in

26  subparagraph 1. of a law enforcement officer's traffic

27  enforcement activity must be in accordance with written

28  work-performance standards. Such standards must be approved by

29  the agency and any collective bargaining unit representing

30  such law enforcement officer. A violation of this subparagraph

31  is not subject to the penalties provided in chapter 318.

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  1         Section 2.  Section 570.073, Florida Statutes, is

  2  amended to read:

  3         570.073  Department of Agriculture and Consumer

  4  Services, law enforcement officers.--

  5         (1)  The commissioner may create an Office of

  6  Agricultural Law Enforcement under the supervision of a senior

  7  manager exempt under s. 110.205 in the Senior Management

  8  Service. The commissioner may designate law enforcement

  9  officers, as necessary, to enforce any criminal law or conduct

10  any criminal investigation or to enforce the provisions of any

11  statute or any other laws of this state. Officers appointed

12  under this section shall have the primary responsibility for

13  enforcing laws relating to agriculture and consumer services,

14  as outlined in this section, and have jurisdiction over

15  violations of law which threaten the overall security and

16  safety of this state's agriculture and consumer services. The

17  primary responsibilities of officers appointed under this

18  section include the enforcement of relating to any matter over

19  which the department has jurisdiction or which occurs on

20  property owned, managed, or occupied by the department. Those

21  matters include laws relating to:

22         (a)  Domesticated animals, including livestock,

23  poultry, aquaculture products, and other wild or domesticated

24  animals or animal products.

25         (b)  Farms, farm equipment, livery tack, citrus or

26  citrus products, or horticultural products.

27         (c)  Trespass, littering, forests, forest fires, and

28  open burning.

29         (d)  Damage to or theft of forest products.

30         (e)  Enforcement of a marketing order.

31         (f)  Protection of consumers.

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  1         (g)  Civil traffic offenses as provided for in state

  2  law chapters 316, 320, and 322, subject to the provisions of

  3  chapter 318, relating to any matter over which the department

  4  has jurisdiction or committed on property owned, managed, or

  5  occupied by the department.

  6         (h)  The use of alcohol or drugs which occurs on

  7  property owned, managed, or occupied by the department.

  8         (i)  Any emergency situation in which the life, limb,

  9  or property of any person is placed in immediate and serious

10  danger.

11         (j)  Any crime incidental to or related to paragraphs

12  (a)-(i).

13         (k)  The responsibilities of the Commissioner of

14  Agriculture.

15         (2)  Each law enforcement officer shall meet the

16  qualifications of law enforcement officers under s. 943.13 and

17  shall be certified as a law enforcement officer by the

18  Department of Law Enforcement under the provisions of chapter

19  943. Upon certification, each law enforcement officer is

20  subject to and shall have the same arrest and other authority

21  provided for law enforcement officers generally in chapter 901

22  and shall have statewide jurisdiction as provided in

23  subsection (1). Each officer shall also have arrest authority

24  as provided for state law enforcement officers in s. 901.15 s.

25  901.15(11). Such officers have full law enforcement powers

26  granted to other peace officers of this state, including the

27  authority to make arrests, carry firearms, serve court

28  process, and seize contraband and the proceeds of illegal

29  activities.

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  1         (3)  The commissioner may also appoint part-time,

  2  reserve, or auxiliary law enforcement officers under chapter

  3  943.

  4         (4)(3)  All department law enforcement officers, upon

  5  certification under s. 943.1395, shall have the same right and

  6  authority to carry arms as do the sheriffs of this state.

  7         (5)(4)  Each law enforcement officer in the state who

  8  is certified pursuant to chapter 943 has the same authority as

  9  law enforcement officers designated in this section to enforce

10  the laws of this state as described in subsection (1).

11         Section 3.  Paragraphs (a) and (c) of subsection (1)

12  and subsections (4), (5), (6), (7), (8), and (9) of section

13  163.05, Florida Statutes, are amended to read:

14         163.05  Small County Technical Assistance Program.--

15         (1)  Among small counties, the Legislature finds that:

16         (a)  The percentage of the population of small counties

17  residing in the unincorporated areas is relatively high based

18  on the census of 2000 and increased substantially between 1980

19  and 1990.

20         (c)  Fiscal shortfalls persist even though 12 13 of the

21  small counties levied the maximum ad valorem millage

22  authorized in their jurisdictions in 2001 1990 and an

23  additional 15 13 small counties levied between 8 and 10 mills.

24         (4)  The Commissioner of Agriculture Comptroller shall

25  enter into contracts with program providers who shall:

26         (a)  Be a nonprofit foundation under s. 501(c)(3) of

27  the Internal Revenue Code with a governing board having

28  representation of county commissioners and professional staff

29  of the county public agency or private, nonprofit corporation,

30  association, or entity.

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  1         (b)  Have substantial and documented experience working

  2  closely with all county governments in providing education and

  3  technical assistance.

  4         (c)(b)  Use existing resources, services, and

  5  information that are available from state or local agencies,

  6  universities, or the private sector.

  7         (d)(c)  Seek and accept funding from any public or

  8  private source.

  9         (d)  Annually submit information to assist the

10  Legislative Committee on Intergovernmental Relations in

11  preparing a performance review that will include an analysis

12  of the effectiveness of the program.

13         (e)  Assist small counties in developing alternative

14  revenue sources.

15         (f)  Provide assistance to small counties in the areas

16  such as of financial management, accounting, investing,

17  purchasing, planning and budgeting, debt issuance, public

18  management, management systems, computers and information

19  technology, economic and community development, and public

20  safety management.

21         (g)  Provide for an annual independent financial audit

22  of the program.

23         (h)  In each county served, conduct a needs assessment

24  upon which the assistance provided for that county will be

25  designed.

26         (5)(a)  The Commissioner of Agriculture Comptroller

27  shall issue a request for proposals to provide assistance to

28  small counties. The request for proposals shall be required

29  not more frequently than every third year, beginning with the

30  2004-2005 fiscal year. All contracts in existence on June 30,

31  2002, between the Comptroller and any other party with respect

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  1  to the Small County Technical Assistance Program may be

  2  accepted by the Commissioner of Agriculture as the party in

  3  interest and any such contract shall remain in full force and

  4  effect according to its terms. At the request of the

  5  Comptroller, the Legislative Committee on Intergovernmental

  6  Relations shall assist in the preparation of the request for

  7  proposals.

  8         (b)  The Commissioner of Agriculture Comptroller shall

  9  review each contract proposal submitted.

10         (c)  The Legislative Committee on Intergovernmental

11  Relations shall review each contract proposal and submit to

12  the Comptroller, in writing, advisory comments and

13  recommendations, citing with specificity the reasons for its

14  recommendations.

15         (c)(d)  The Commissioner of Agriculture Comptroller and

16  the council shall consider the following factors in reviewing

17  contract proposals:

18         1.  The demonstrated capacity of the provider to

19  conduct needs assessments and implement the program as

20  proposed.

21         2.  The number of small counties to be served under the

22  proposal.

23         3.  The cost of the program as specified in a proposed

24  budget.

25         4.  The short-term and long-term benefits of the

26  assistance to small counties.

27         5.  The form and extent to which existing resources,

28  services, and information that are available from state and

29  local agencies, universities, and the private sector will be

30  used by the provider under the contract.

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  1         (6)  A decision of the Commissioner of Agriculture

  2  Comptroller to award a contract under this section is final

  3  and shall be in writing with a copy provided to the

  4  Legislative Committee on Intergovernmental Relations.

  5         (7)  The Comptroller may enter into contracts and

  6  agreements with other state and local agencies and with any

  7  person, association, corporation, or entity other than the

  8  program providers, for the purpose of administering this

  9  section.

10         (7)(8)  The Commissioner of Agriculture Comptroller

11  shall provide fiscal oversight to ensure that funds expended

12  for the program are used in accordance with the contracts

13  entered into pursuant to subsection (4) and shall conduct a

14  performance review of the program as necessary to ensure that

15  the goals and objectives of the program are being met.

16         (9)  The Legislative Committee on Intergovernmental

17  Relations shall annually conduct a performance review of the

18  program. The findings of the review shall be presented in a

19  report submitted to the Governor, the President of the Senate,

20  the Speaker of the House of Representatives, and the

21  Comptroller by January 15 of each year.

22         Section 4.  Specific Appropriation 2252 in the General

23  Appropriations Act of 2002-2003 is repealed and an identical

24  amount is appropriated from the General Revenue Fund to the

25  Department of Agriculture and Consumer Services for the

26  purpose of carrying out the provisions of this act.

27         Section 5.  This act shall take effect June 30, 2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                     CS for Senate Bill 2286

  3

  4  The Committee Substitute for Committee Substitute for Senate
    Bill 2286 is different from Committee Substitute for Senate
  5  Bill 2286 in that it:

  6        Removes limitations contained in Chapter 570, F.S., on
          the authority of the Office of Agriculture Law
  7        Enforcement to enforce traffic laws.

  8        It expands the authority of the Office of Agricultural
          Law Enforcement to enforce the provisions of any statute
  9        or any other laws of this state.

10        Specifies that the primary responsibility of the Office
          of Agricultural Law Enforcement shall be the enforcement
11        of laws relating to agriculture and consumer services
          and other laws which threaten the overall security and
12        safety of this state's agriculture and consumer service.

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