HB 0921 2003
1	A bill to be entitled
2	An act relating to governmental reorganization; creating
3	s. 20.241, F.S.; creating the Department of the Florida
4	Highway Patrol; providing for organization of that
5	department; transferring powers, duties, functions,
6	records, personnel, property, and funds of the Division of
7	the Florida Highway Patrol within the Department of
8	Highway Safety and Motor Vehicles to said department;
9	transferring legal authorities and actions of that
10	division; transferring support positions; transferring
11	trust funds, portions of trust funds, unexpended balances
12	of appropriations, allocations, and other funds from the
13	Department of Highway Safety and Motor Vehicles to the
14	Department of the Florida Highway Patrol; transferring
15	authority and responsibility of the division for the
16	enforcement of laws to the Department of the Florida
17	Highway Patrol; transferring authority and responsibility
18	of the members of the Florida Highway Patrol within the
19	Department of Highway Safety and Motor Vehicles to the
20	members of the Florida Highway Patrol within the
21	Department of the Florida Highway Patrol; transferring
22	authority and responsibility for appointment of the
23	auxiliary to the Florida Highway Patrol to the director of
24	the Department of the Florida Highway Patrol; transferring
25	authority and responsibility of the members of the
26	auxiliary to the Florida Highway Patrol to the members of
27	the auxiliary to the Florida Highway Patrol within the
28	Department of the Florida Highway Patrol; transferring
29	authority and responsibility for maintaining the Florida
30	Highway Patrol wrecker operator system to the Department
31	of the Florida Highway Patrol; providing the Governor with
32	specific organizational authority to effect restructuring
33	of said departments; authorizing said departments to enter
34	into interagency agreements for certain purposes;
35	providing for transfer of funds into the Administrative
36	Trust Fund; authorizing the Department of the Florida
37	Highway Patrol to request creation of trust funds;
38	requiring driver license information obtained by the
39	Department of Highway Safety and Motor Vehicles to be
40	available on a priority basis to the Department of the
41	Florida Highway Patrol; specifying that rules of the
42	Department of Highway Safety and Motor Vehicles relating
43	to said division become rules of the Department of the
44	Florida Highway Patrol; providing for preservation of
45	validity of judicial or administrative actions; providing
46	for substitution of certain parties in interest in such
47	actions; providing legislative intent relating to
48	statutory responsibility for enforcement of traffic laws
49	becoming the responsibility of the Department of the
50	Florida Highway Patrol; providing legislative intent
51	relating to job classifications, pay plans, rank
52	classifications, employment statuses, assignments, and
53	special assignments remaining in effect upon transfer;
54	providing legislative intent relating to statutory
55	responsibility for certain appointments becoming the
56	responsibility of the director of the Department of the
57	Florida Highway Patrol; providing for conforming
58	legislation; providing for assistance of certain
59	legislative substantive committees by the Division of
60	Statutory Revision for certain purposes; amending s.
61	20.24, F.S., relating to organization of the Department of
62	Highway Safety and Motor Vehicles; removing the Division
63	of the Florida Highway Patrol; amending s. 110.2035, F.S.;
64	maintaining pay band classifications of the Division of
65	the Florida Highway Patrol when transferred to the
66	Department of the Florida Highway Patrol; amending s.
67	23.1231, F.S., relating to the Florida Mutual Aid Plan;
68	providing for coordination between the liaison and the
69	Department of the Florida Highway Patrol; amending ss.
70	120.80, 282.1095, 316.003, 316.640, 321.02, 321.03,
71	321.04, 321.05, 321.051, 321.23, 321.25, 338.239, and
72	943.11, F.S., relating to administrative hearing
73	procedures, the Joint Task Force on State Agency Law
74	Enforcement Communications, the Florida Uniform Traffic
75	Control Law, enforcement of traffic laws, powers and
76	duties of highway patrol, imitation of highway patrol
77	vehicles, personnel and rank, duties and functions and
78	powers of patrol officers, the Florida Highway Patrol
79	wrecker operator system, public records, training provided
80	at patrol schools, traffic control on the turnpike system,
81	and Criminal Justice Standards and Training Commission
82	membership; conforming provisions to the reorganization
83	and transfers made by the act; amending ss. 72.011,
84	213.015, 215.26, and 519.101, F.S.; conforming references
85	to changes made by the act; reenacting s. 321.065, F.S.,
86	relating to employment of traffic accident investigation
87	officers; providing an effective date.
88
89	Be It Enacted by the Legislature of the State of Florida:
90
91	Section 1. Section 20.241, Florida Statutes, is created to
92	read:
93	20.241 Department of the Florida Highway Patrol.--There is
94	created a Department of the Florida Highway Patrol.
95	(1) The head of the department is the director of the
96	Department of the Florida Highway Patrol who shall have the rank
97	designation of colonel. The colonel shall be appointed by the
98	Governor with the approval of the majority of the members of the
99	Cabinet, subject to confirmation by the Senate. The colonel
100	shall serve at the pleasure of the Governor and Cabinet.
101	(2) The following divisions of the Department of the
102	Florida Highway Patrol are established:
103	(a) Division of Administrative Services.
104	(b) Division of Highway Patrol Operations.
105	(c) Division of Criminal Investigations.
106	(3) Bureaus and sections may be established as deemed
107	necessary to promote efficient and effective operation of the
108	department, pursuant to s. 20.04.
109	Section 2. Department of the Florida Highway Patrol;
110	transfers; operations.--
111	(1) All statutory powers, duties, functions, records,
112	personnel, property, and unexpended balances of appropriations,
113	allocations, law enforcement trust funds, trust funds, and other
114	funds of the Division of the Florida Highway Patrol within the
115	Department of Highway Safety and Motor Vehicles are transferred
116	by a type two transfer, as defined in s. 20.06(2), Florida
117	Statutes, to the Department of the Florida Highway Patrol.
118	(2) All existing legal authorities and actions of the
119	Division of the Florida Highway Patrol within the Department of
120	Highway Safety and Motor Vehicles, including, but not limited
121	to, all pending and completed action on orders and rules, all
122	enforcement matters, and all delegations, interagency
123	agreements, and contracts with federal, state, regional, and
124	local governments and private entities are transferred by a type
125	two transfer, as defined in s. 20.06(2), Florida Statutes, to
126	the Department of the Florida Highway Patrol.
127	(3) Those positions primarily supporting the Division of
128	the Florida Highway Patrol within the Department of Highway
129	Safety and Motor Vehicles, including, but not limited to, legal,
130	clerical, administrative, or other, are hereby transferred by a
131	type two transfer, as defined in s. 20.06(2), Florida Statutes,
132	to the Department of the Florida Highway Patrol.
133	(4) All existing statutory authority and responsibility
134	for the enforcement of laws of the state of the Division of the
135	Florida Highway Patrol within the Department of Highway Safety
136	and Motor Vehicles, including, but not limited to, law
137	enforcement and traffic control, are transferred by a type two
138	transfer, as defined in s. 20.06(2), Florida Statutes, to the
139	Department of the Florida Highway Patrol.
140	(5) All existing statutory authorities, responsibilities,
141	duties, functions, powers, protections, and immunities of
142	members of the Florida Highway Patrol within the Department of
143	Highway Safety and Motor Vehicles, including, but not limited
144	to, the power to bear arms and make arrests and powers relating
145	to law enforcement and traffic control, are transferred by a
146	type two transfer, as defined in s. 20.06(2), Florida Statutes,
147	to the members of the Florida Highway Patrol within the
148	Department of the Florida Highway Patrol.
149	(6) All existing statutory authority and responsibility
150	for the auxiliary to the Florida Highway Patrol of the director
151	of the Florida Highway Patrol within the Department of Highway
152	Safety and Motor Vehicles, including, but not limited to,
153	establishment of, and training and purchase of uniforms and
154	equipment for, an auxiliary to the Florida Highway Patrol, are
155	transferred by a type two transfer, as defined in s. 20.06(2),
156	Florida Statutes, to the director of the Department of the
157	Florida Highway Patrol.
158	(7) All existing statutory authorities, responsibilities,
159	duties, functions, powers, protections, and immunities of the
160	members of the auxiliary to the Florida Highway Patrol within
161	the Department of Highway Safety and Motor Vehicles, including,
162	but not limited to, the power to bear arms and make arrests and
163	powers relating to law enforcement and traffic control on state
164	roads and highways, the U.S. Interstate Highway System, and the
165	Florida Turnpike, are transferred by a type two transfer, as
166	defined in s. 20.06(2), Florida Statutes, to the members of the
167	auxiliary to the Florida Highway Patrol within the Department of
168	the Florida Highway Patrol.
169	(8) All existing statutory authority and responsibility
170	for the wrecker operator system of the Division of the Florida
171	Highway Patrol within the Department of Highway Safety and Motor
172	Vehicles, including, but not limited to, establishment of a
173	wrecker operator system, are transferred by a type two transfer,
174	as defined in s. 20.06(2), Florida Statutes, to the Department
175	of the Florida Highway Patrol.
176	(9) The Governor is hereby granted the specific authority
177	to shift divisions as a class one transfer, consistent with the
178	notice and review requirements of s. 216.177, Florida Statutes,
179	between the Department of Highway Safety and Motor Vehicles and
180	the Department of the Florida Highway Patrol, as created by this
181	act, to promote the efficient and effective operation of both
182	departments.
183	(10) All trust funds, portions of trust funds, unexpended
184	balances of appropriations, allocations, and other funds which
185	are used to fund the operations of the Division of the Florida
186	Highway Patrol within the Department of Highway Safety and Motor
187	Vehicles that are not otherwise transferred by this act are
188	transferred by a type two transfer, as defined in s. 20.06(2),
189	Florida Statutes, to the Administrative Trust Fund of the
190	Department of the Florida Highway Patrol. The Department of the
191	Florida Highway Patrol is authorized to submit with its
192	legislative budget request a request for the creation of any
193	trust funds necessary for the efficient and effective operation
194	of the department and its divisions.
195	(11) The Department of Highway Safety and Motor Vehicles
196	and the Department of the Florida Highway Patrol are authorized
197	to enter into interagency agreements with each other concerning
198	any matter affected by the creation of the Department of the
199	Florida Highway Patrol in order to promote the efficient and
200	effective operation of both departments.
201	(12) Driver license information obtained by the Department
202	of Highway Safety and Motor Vehicles shall be available on a
203	priority basis to the Department of the Florida Highway Patrol
204	for any purposes necessary to carry out the responsibilities of
205	the Department of the Florida Highway Patrol.
206	Section 3. Transfer of rules.--Effective July 1, 2003, the
207	rules of the Department of Highway Safety and Motor Vehicles
208	that relate to the Division of the Florida Highway Patrol that
209	were in effect on June 30, 2003, shall become rules of the
210	Department of the Florida Highway Patrol and shall remain in
211	effect until specifically amended or repealed in the manner
212	provided by law.
213	Section 4. Validity; judicial or administrative
214	action.--This act shall not affect the validity of any judicial
215	or administrative action involving the Division of the Florida
216	Highway Patrol within the Department of Highway Safety and Motor
217	Vehicles pending on July 1, 2003, and the Department of the
218	Florida Highway Patrol shall be substituted as a party in
219	interest in any such action.
220	Section 5. Legislative intent; law enforcement and traffic
221	control.--It is specifically the intent of the Legislature that
222	the statutory responsibility for law enforcement and traffic
223	control in the state now vested in the Division of the Florida
224	Highway Patrol within the Department of Highway Safety and Motor
225	Vehicles shall become the responsibility of the Department of
226	the Florida Highway Patrol.
227	Section 6. Legislative intent; job and rank
228	classifications; pay plans; employment statuses;
229	assignments.--It is specifically the intent of the Legislature
230	that job classifications, pay plans, rank classifications,
231	employment statuses, assignments, and special assignments
232	currently in effect in the Division of the Florida Highway
233	Patrol within the Department of Highway Safety and Motor
234	Vehicles shall transfer to and remain in effect, as much as is
235	practicable, in the Department of the Florida Highway Patrol
236	unless changed by this act or as otherwise provided for by law.
237	Section 7. Legislative intent; appointments by
238	director.--It is specifically the intent of the Legislature
239	that, until June 30, 2004, the statutory responsibility for
240	appointments to commissions, boards, associations, councils,
241	committees, or other collegial bodies now vested in the
242	executive director of the Division of the Florida Highway Patrol
243	within the Department of Highway Safety and Motor Vehicles shall
244	become the responsibility of the director of the Department of
245	the Florida Highway Patrol.
246	Section 8. Conforming legislation.--The Legislature
247	recognizes that there is a need to conform the Florida Statutes
248	to the policy decisions reflected in this act and that there is
249	a need to resolve apparent conflicts between any other
250	legislation that has been or may be enacted during 2003 and the
251	creation by this act of the Department of the Florida Highway
252	Patrol. Therefore, in the interim between this act becoming a
253	law and the 2004 Regular Session of the Legislature or an
254	earlier special session addressing this issue, the Division of
255	Statutory Revision shall, upon request, provide the relevant
256	substantive committees of the Senate and the House of
257	Representatives with assistance to enable such committees to
258	prepare draft legislation to conform the Florida Statutes and
259	any legislation enacted during 2003 to the provisions of s.
260	20.241, Florida Statutes, as created by this act.
261	Section 9. Subsection (2) of section 20.24, Florida
262	Statutes, is amended to read:
263	20.24 Department of Highway Safety and Motor
264	Vehicles.--There is created a Department of Highway Safety and
265	Motor Vehicles.
266	(2) The following divisions, and bureaus within the
267	divisions, of the Department of Highway Safety and Motor
268	Vehicles are established:
269	(a) Division of the Florida Highway Patrol.
270	(a)(b)Division of Driver Licenses.
271	(b)(c)Division of Motor Vehicles.
272	1. Bureau of Motor Vehicle Inspection.
273	Section 10. Effective July 1, 2003, subsection (2) of
274	section 110.2035, Florida Statutes, as amended by section 43 of
275	chapter 2002-402, Laws of Florida, is amended, and subsection
276	(7) is added to said section, to read:
277	110.2035 Classification and compensation program.--
278	(2) Except as provided in subsection (7),the program
279	shall consist of the following:
280	(a) A position classification system using no more than 50
281	occupational groups and up to a 6-class series structure for
282	each occupation within an occupational group. Additional
283	occupational groups may be established only by the Executive
284	Office of the Governor after consultation with the Legislature.
285	(b) A pay plan that shall provide broad-based salary
286	ranges for each occupational group.
287	(7) For the Department of the Florida Highway Patrol, the
288	program shall consist of the following:
289	(a) A position classification system using no more than 38
290	occupational groups and up to a 6-class series structure for
291	each occupation within an occupational group. Additional
292	occupational groups may be established only by the Executive
293	Office of the Governor after consultation with the Legislature.
294	(b) A pay plan that shall provide broad-based salary
295	ranges for each occupational group and shall consist of no more
296	than 25 pay bands.
297
298	The department shall adopt any rules necessary to implement the
299	classification and compensation program to include Career
300	Service, Selected Exempt Service, and Senior Management Service
301	positions consistent with the plan submitted to the Legislature
302	on December 1, 2001; however, the adopted plan shall include pay
303	bandwidths of 150 percent for each occupational group except the
304	manager and executive occupational groups.
305	Section 11. Paragraph (e) of subsection (2) of section
306	23.1231, Florida Statutes, is amended to read:
307	23.1231 Florida Mutual Aid Plan; powers and duties.--
308	(2) The executive director of the Department of Law
309	Enforcement acting under the Governor as the state's chief law
310	enforcement officer is the director of the Florida Mutual Aid
311	Plan. The director of the Florida Mutual Aid Plan shall:
312	(e) Act as the liaison with the DepartmentDivisionof the
313	Florida Highway Patrol of the Department of Highway Safety and
314	Motor Vehiclesin order to coordinate and integrate plans for
315	traffic control and the participation of the department in the
316	law enforcement operation;
317	Section 12. Subsections (9) through (17) of section
318	120.80, Florida Statutes, are renumbered as subsections (10)
319	through (18), respectively, and subsection (8) of said section
320	is amended to read:
321	120.80 Exceptions and special requirements; agencies.--
322	(8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
323	(a) Drivers' licenses.--
324	(a)1.Notwithstanding s. 120.57(1)(a), hearings regarding
325	drivers' licensing pursuant to chapter 322 need not be conducted
326	by an administrative law judge assigned by the division.
327	(b)2.Notwithstanding s. 120.60(5), cancellation,
328	suspension, or revocation of a driver's license shall be by
329	personal delivery to the licensee or by first-class mail as
330	provided in s. 322.251.
331	(9)(b)DEPARTMENT OF THE FLORIDA HIGHWAY PATROLWrecker
332	operators.--Notwithstanding s. 120.57(1)(a), hearings held by
333	the DepartmentDivision of the Florida Highway Patrol of the
334	Department of Highway Safety and Motor Vehiclesto deny,
335	suspend, or remove a wrecker operator from participating in the
336	wrecker rotation system established by s. 321.051 need not be
337	conducted by an administrative law judge assigned by the
338	division. These hearings shall be held by a hearing officer
339	appointed by the director of the DepartmentDivisionof the
340	Florida Highway Patrol.
341	Section 13. Paragraph (a) of subsection (2) of section
342	282.1095, Florida Statutes, is amended to read:
343	282.1095 State agency law enforcement radio system.--
344	(2)(a) The Joint Task Force on State Agency Law
345	Enforcement Communications shall consist of eight members, as
346	follows:
347	1. A representative of the Division of Alcoholic Beverages
348	and Tobacco of the Department of Business and Professional
349	Regulation who shall be appointed by the secretary of the
350	department.
351	2. A representative of the Department of theDivision of
352	Florida Highway Patrol of the Department of Highway Safety and
353	Motor Vehicles who shall be appointed by the executivedirector
354	of the department.
355	3. A representative of the Department of Law Enforcement
356	who shall be appointed by the executive director of the
357	department.
358	4. A representative of the Fish and Wildlife Conservation
359	Commission who shall be appointed by the executive director of
360	the commission.
361	5. A representative of the Division of Law Enforcement of
362	the Department of Environmental Protection who shall be
363	appointed by the secretary of the department.
364	6. A representative of the Department of Corrections who
365	shall be appointed by the secretary of the department.
366	7. A representative of the Division of State Fire Marshal
367	of the Department of Insurance who shall be appointed by the
368	State Fire Marshal.
369	8. A representative of the Department of Transportation
370	who shall be appointed by the secretary of the department.
371	Section 14. Subsection (9) of section 316.003, Florida
372	Statutes, is amended to read:
373	316.003 Definitions.--The following words and phrases,
374	when used in this chapter, shall have the meanings respectively
375	ascribed to them in this section, except where the context
376	otherwise requires:
377	(9) DIRECTOR.--The Director of the DepartmentDivisionof
378	the Florida Highway Patrol of the Department of Highway Safety
379	and Motor Vehicles.
380	Section 15. Paragraph (a) of subsection (1) of section
381	316.640, Florida Statutes, is amended to read:
382	316.640 Enforcement.--The enforcement of the traffic laws
383	of this state is vested as follows:
384	(1) STATE.--
385	(a)1.a. The DepartmentDivision of theFlorida Highway
386	Patrol of the Department of Highway Safety and Motor Vehicles,
387	the Division of Law Enforcement of the Fish and Wildlife
388	Conservation Commission, the Division of Law Enforcement of the
389	Department of Environmental Protection, and law enforcement
390	officers of the Department of Transportation each have authority
391	to enforce all of the traffic laws of this state on all the
392	streets and highways thereof and elsewhere throughout the state
393	wherever the public has a right to travel by motor vehicle. The
394	DepartmentDivisionof the Florida Highway Patrol may employ as
395	a traffic accident investigation officer any individual who
396	successfully completes instruction in traffic accident
397	investigation and court presentation through the Selective
398	Traffic Enforcement Program as approved by the Criminal Justice
399	Standards and Training Commission and funded through the
400	National Highway Traffic Safety Administration or a similar
401	program approved by the commission, but who does not necessarily
402	meet the uniform minimum standards established by the commission
403	for law enforcement officers or auxiliary law enforcement
404	officers under chapter 943. Any such traffic accident
405	investigation officer who makes an investigation at the scene of
406	a traffic accident may issue traffic citations, based upon
407	personal investigation, when he or she has reasonable and
408	probable grounds to believe that a person who was involved in
409	the accident committed an offense under this chapter, chapter
410	319, chapter 320, or chapter 322 in connection with the
411	accident. This paragraph does not permit the carrying of
412	firearms or other weapons, nor do such officers have arrest
413	authority.
414	b. University police officers shall have authority to
415	enforce all of the traffic laws of this state when such
416	violations occur on or about any property or facilities that are
417	under the guidance, supervision, regulation, or control of a
418	state university, a direct-support organization of such state
419	university, or any other organization controlled by the state
420	university or a direct-support organization of the state
421	university, except that traffic laws may be enforced off-campus
422	when hot pursuit originates on or adjacent to any such property
423	or facilities.
424	c. Community college police officers shall have the
425	authority to enforce all the traffic laws of this state only
426	when such violations occur on any property or facilities that
427	are under the guidance, supervision, regulation, or control of
428	the community college system.
429	d. Police officers employed by an airport authority shall
430	have the authority to enforce all of the traffic laws of this
431	state only when such violations occur on any property or
432	facilities that are owned or operated by an airport authority.
433	(I) An airport authority may employ as a parking
434	enforcement specialist any individual who successfully completes
435	a training program established and approved by the Criminal
436	Justice Standards and Training Commission for parking
437	enforcement specialists but who does not otherwise meet the
438	uniform minimum standards established by the commission for law
439	enforcement officers or auxiliary or part-time officers under s.
440	943.12. Nothing in this sub-sub-subparagraph shall be construed
441	to permit the carrying of firearms or other weapons, nor shall
442	such parking enforcement specialist have arrest authority.
443	(II) A parking enforcement specialist employed by an
444	airport authority is authorized to enforce all state, county,
445	and municipal laws and ordinances governing parking only when
446	such violations are on property or facilities owned or operated
447	by the airport authority employing the specialist, by
448	appropriate state, county, or municipal traffic citation.
449	e. The Office of Agricultural Law Enforcement of the
450	Department of Agriculture and Consumer Services shall have the
451	authority to enforce traffic laws of this state.
452	f. School safety officers shall have the authority to
453	enforce all of the traffic laws of this state when such
454	violations occur on or about any property or facilities which
455	are under the guidance, supervision, regulation, or control of
456	the district school board.
457	2. An agency of the state as described in subparagraph 1.
458	is prohibited from establishing a traffic citation quota. A
459	violation of this subparagraph is not subject to the penalties
460	provided in chapter 318.
461	3. Any disciplinary action taken or performance evaluation
462	conducted by an agency of the state as described in subparagraph
463	1. of a law enforcement officer's traffic enforcement activity
464	must be in accordance with written work-performance standards.
465	Such standards must be approved by the agency and any collective
466	bargaining unit representing such law enforcement officer. A
467	violation of this subparagraph is not subject to the penalties
468	provided in chapter 318.
469	Section 16. Section 321.02, Florida Statutes, is amended
470	to read:
471	321.02 Powers and duties of department, highway
472	patrol.--The director of the DepartmentDivision of the Florida
473	Highway Patrol of the Department of Highway Safety and Motor
474	Vehiclesshall also be the commander of the Florida Highway
475	Patrol. The said department shall set up and promulgate rules
476	and regulations by which the personnel of the Florida Highway
477	Patrol officers shall be examined, employed, trained, located,
478	suspended, reduced in rank, discharged, recruited, paid and
479	pensioned, subject to civil service provisions hereafter set
480	out. The department may enter into contracts or agreements, with
481	or without competitive bidding or procurement, to make
482	available, on a fair, reasonable, nonexclusive, and
483	nondiscriminatory basis, property and other structures under
484	departmentdivisioncontrol for the placement of new facilities
485	by any wireless provider of mobile service as defined in 47
486	U.S.C. s. 153(n) or s. 332(d), and any telecommunications
487	company as defined in s. 364.02 when it is determined to be
488	practical and feasible to make such property or other structures
489	available. The department may, without adopting a rule, charge a
490	just, reasonable, and nondiscriminatory fee for placement of the
491	facilities, payable annually, based on the fair market value of
492	space used by comparable communications facilities in the state.
493	The department and a wireless provider or telecommunications
494	company may negotiate the reduction or elimination of a fee in
495	consideration of services provided to the departmentdivisionby
496	the wireless provider or the telecommunications company. All
497	such fees collected by the department shall be deposited
498	directly into the State Agency Law Enforcement Radio System
499	Trust Fund, and may be used to construct, maintain, or support
500	the system. The department is further specifically authorized to
501	purchase, sell, trade, rent, lease and maintain all necessary
502	equipment, uniforms, motor vehicles, communication systems,
503	housing facilities, office space, and perform any other acts
504	necessary for the proper administration and enforcement of this
505	chapter. However, all supplies and equipment consisting of
506	single items or in lots shall be purchased under the
507	requirements of s. 287.057. Purchases shall be made by
508	accepting the bid of the lowest responsive bidder, the right
509	being reserved to reject all bids. The department shall
510	prescribe a distinctive uniform and distinctive emblem to be
511	worn by all officers of the Florida Highway Patrol. It shall be
512	unlawful for any other person or persons to wear a similar
513	uniform or emblem, or any part or parts thereof. The department
514	shall also prescribe distinctive colors for use on motor
515	vehicles and motorcycles operated by the Florida Highway Patrol.
516	The prescribed colors shall be referred to as "Florida Highway
517	Patrol black and tan."
518	Section 17. Section 321.03, Florida Statutes, is amended
519	to read:
520	321.03 Imitations prohibited; penalty.--It shall be
521	unlawful for any person or persons in the state to color or
522	cause to be colored any motor vehicle or motorcycle the same or
523	similar color as the color or colors so prescribed for the
524	Florida Highway Patrol. Any person violating any of the
525	provisions of this section or s. 321.02 with respect to
526	uniforms, emblems, motor vehicles and motorcycles shall be
527	guilty of a misdemeanor of the first degree, punishable as
528	provided in s. 775.082 or s. 775.083. The Department of the
529	Florida Highway PatrolHighway Safety and Motor Vehiclesshall
530	employ such clerical help and mechanics as may be necessary for
531	the economical and efficient operation of such department.
532	Section 18. Section 321.04, Florida Statutes, is amended
533	to read:
534	321.04 Personnel of the highway patrol; rank
535	classifications; probationary status of new patrol officers;
536	subsistence; special assignments.--
537	(1) The Department of the Florida Highway PatrolHighway
538	Safety and Motor Vehiclesshall employ patrol officers, as
539	authorized by the Legislature in appropriating funds for their
540	salaries exclusive of those members of the patrol who are
541	assigned to and paid by special departments; and shall establish
542	the necessary supervisory ranks within the Florida Highway
543	Patrol to efficiently supervise and carry out the designated
544	functions of the patrol and the department in accordance with
545	the regulations established by the Department of Management
546	Services.
547	(2) Each person who is employed as a patrol officer shall
548	be carried on a probationary status for the period of 1 year
549	from date of employment, during which period he or she may be
550	dismissed without recourse. Patrol officers when sent on special
551	detail or missions out of their regular assigned territories or
552	headquarters shall be reimbursed for travel expenses as provided
553	in s. 112.061.
554	(3) The Department of the Florida Highway PatrolHighway
555	Safety and Motor Vehiclesshall assign one patrol officer to the
556	office of the Governor; said patrol officer so assigned shall be
557	selected by the Governor and shall have rank and pay not less
558	than that of a lieutenant of the Florida Highway Patrol, and
559	said patrol officer so assigned shall be paid by said department
560	from the appropriation made to said department; said patrol
561	officer shall have and receive all other benefits provided for
562	in this chapter or any other statute now in existence or
563	hereinafter enacted.
564	Section 19. Section 321.05, Florida Statutes, is amended
565	to read:
566	321.05 Duties, functions, and powers of patrol
567	officers.--The members of the Florida Highway Patrol are hereby
568	declared to be conservators of the peace and law enforcement
569	officers of the state, with the common-law right to arrest a
570	person who, in the presence of the arresting officer, commits a
571	felony or commits an affray or breach of the peace constituting
572	a misdemeanor, with full power to bear arms; and they shall
573	apprehend, without warrant, any person in the unlawful
574	commission of any of the acts over which the members of the
575	Florida Highway Patrol are given jurisdiction as hereinafter set
576	out and deliver him or her to the sheriff of the county that
577	further proceedings may be had against him or her according to
578	law. In the performance of any of the powers, duties, and
579	functions authorized by law, members of the Florida Highway
580	Patrol shall have the same protections and immunities afforded
581	other peace officers, which shall be recognized by all courts
582	having jurisdiction over offenses against the laws of this
583	state, and shall have authority to apply for, serve, and execute
584	search warrants, arrest warrants, capias, and other process of
585	the court in those matters in which patrol officers have primary
586	responsibility as set forth in subsection (1). The patrol
587	officers under the direction and supervision of the Department
588	of the Florida Highway PatrolHighway Safety and Motor Vehicles
589	shall perform and exercise throughout the state the following
590	duties, functions, and powers:
591	(1) To patrol the state highways and regulate, control,
592	and direct the movement of traffic thereon; to maintain the
593	public peace by preventing violence on highways; to apprehend
594	fugitives from justice; to enforce all laws now in effect
595	regulating and governing traffic, travel, and public safety upon
596	the public highways and providing for the protection of the
597	public highways and public property thereon; to make arrests
598	without warrant for the violation of any state law committed in
599	their presence in accordance with the laws of this state;
600	providing that no search shall be made unless it is incident to
601	a lawful arrest, to regulate and direct traffic concentrations
602	and congestions; to enforce laws governing the operation,
603	licensing, and taxing and limiting the size, weight, width,
604	length, and speed of vehicles and licensing and controlling the
605	operations of drivers and operators of vehicles; to cooperate
606	with officials designated by law to collect all state fees and
607	revenues levied as an incident to the use or right to use the
608	highways for any purpose; to require the drivers of vehicles to
609	stop and exhibit their driver's licenses, registration cards, or
610	documents required by law to be carried by such vehicles; to
611	investigate traffic accidents, secure testimony of witnesses and
612	of persons involved, and make report thereof with copy, when
613	requested in writing, to any person in interest or his or her
614	attorney; to investigate reported thefts of vehicles and to
615	seize contraband or stolen property on or being transported on
616	the highways.
617	(2) To assist other constituted law enforcement officers
618	of the state to quell mobs and riots, guard prisoners, and
619	police disaster areas.
620	(3)(a) To make arrests while in fresh pursuit of a person
621	believed to have violated the traffic and other laws.
622	(b) To make arrest of a person wanted for a felony or
623	against whom a warrant has been issued on any charge in
624	violation of federal, state, or county laws or municipal
625	ordinances.
626	(4)(a) All fines and costs and the proceeds of the
627	forfeiture of bail bonds and recognizances resulting from the
628	enforcement of this chapter by patrol officers shall be paid
629	into the fine and forfeiture fund of the county where the
630	offense is committed. In all cases of arrest by patrol
631	officers, the person arrested shall be delivered forthwith by
632	said officer to the sheriff of the county, or he or she shall
633	obtain from such person arrested a recognizance or, if deemed
634	necessary, a cash bond or other sufficient security conditioned
635	for his or her appearance before the proper tribunal of such
636	county to answer the charge for which he or she has been
637	arrested; and all fees accruing shall be taxed against the party
638	arrested, which fees are hereby declared to be part of the
639	compensation of said sheriffs authorized to be fixed by the
640	Legislature under s. 5(c), Art. II of the State Constitution, to
641	be paid such sheriffs in the same manner as fees are paid for
642	like services in other criminal cases. All patrol officers are
643	hereby directed to deliver all bonds accepted and approved by
644	them to the sheriff of the county in which the offense is
645	alleged to have been committed. However, no sheriff shall be
646	paid any arrest fee for the arrest of a person for violation of
647	any section of chapter 316 when the arresting officer was
648	transported in a Florida Highway Patrol car to the vicinity
649	where the arrest was made; and no sheriff shall be paid any fee
650	for mileage for himself or herself or a prisoner for miles
651	traveled in a Florida Highway Patrol car. No patrol officer
652	shall be entitled to any fee or mileage cost except when
653	responding to a subpoena in a civil cause or except when such
654	patrol officer is appearing as an official witness to testify at
655	any hearing or law action in any court of this state as a direct
656	result of his or her employment as a patrol officer during time
657	not compensated as a part of his or her normal duties. Nothing
658	herein shall be construed as limiting the power to locate and to
659	take from any person under arrest or about to be arrested deadly
660	weapons. Nothing contained in this section shall be construed as
661	a limitation upon existing powers and duties of sheriffs or
662	police officers.
663	(b) Any person so arrested and released on his or her own
664	recognizance by an officer and who shall fail to appear or
665	respond to a notice to appear shall, in addition to the traffic
666	violation charge, be guilty of a noncriminal traffic infraction
667	subject to the penalty provided in s. 318.18(2).
668	(5) The department may employ or assign some fit and
669	suitable person with experience in the field of public relations
670	who shall have the duty to promote, coordinate, and publicize
671	the traffic safety activities in the state and assign such
672	person to the office of the Governor at a salary to be fixed by
673	the department. The person so assigned or employed shall be a
674	member of the uniform division of the Florida Highway Patrol,
675	and he or she shall have the pay and rank of lieutenant while on
676	such assignment.
677	(6) The DepartmentDivision of theFlorida Highway Patrol
678	is authorized to promulgate rules and regulations which may be
679	necessary to implement the provisions of chapter 316.
680	Section 20. Subsections (1) and (2) of section 321.051,
681	Florida Statutes, are amended to read:
682	321.051 Florida Highway Patrol wrecker operator system;
683	penalties for operation outside of system.--
684	(1) As used in this section, the term:
685	(a) "Authorized wrecker operator" means any wrecker
686	operator who has been designated by the DepartmentDivision of
687	theFlorida Highway Patrol as part of the wrecker operator
688	system.
689	(b) "Unauthorized wrecker operator" means any wrecker
690	operator who has not been designated by the departmentdivision
691	as part of the wrecker operator system.
692	(2) The DepartmentDivision of the Florida Highway Patrol
693	of the Department of Highway Safety and Motor Vehiclesis
694	authorized to establish within areas designated by the patrol a
695	wrecker operator system using qualified, reputable wrecker
696	operators for removal and storage of wrecked or disabled
697	vehicles from a crash scene or for removal and storage of
698	abandoned vehicles, in the event the owner or operator is
699	incapacitated or unavailable or leaves the procurement of
700	wrecker service to the officer at the scene. All reputable
701	wrecker operators shall be eligible for use in the system
702	provided their equipment and drivers meet recognized safety
703	qualifications and mechanical standards set by rules of the
704	DepartmentDivision of theFlorida Highway Patrol for the size
705	of vehicle it is designed to handle. The departmentdivisionis
706	authorized to limit the number of wrecker operators
707	participating in the wrecker operator system, which authority
708	shall not affect wrecker operators currently participating in
709	the system established by this section. The departmentdivision
710	is authorized to establish maximum rates for the towing and
711	storage of vehicles removed at the department'sdivision's
712	request, where such rates have not been set by a county or
713	municipality pursuant to s. 125.0103 or s. 166.043. Such rates
714	shall not be considered rules for the purpose of chapter 120;
715	however, the department shall establish by rule a procedure for
716	setting such rates. Any provision in chapter 120 to the
717	contrary notwithstanding, a final order of the department
718	denying, suspending, or revoking a wrecker operator's
719	participation in the system shall be reviewable in the manner
720	and within the time provided by the Florida Rules of Appellate
721	Procedure only by a writ of certiorari issued by the circuit
722	court in the county wherein such wrecker operator resides.
723	Section 21. Subsection (1) of section 321.23, Florida
724	Statutes, is amended to read:
725	321.23 Public records; fees for copies; destruction of
726	obsolete records; photographing records; effect as evidence.--
727	(1) The purpose of this section is to make available for
728	the use of the Department of the Florida Highway PatrolHighway
729	Safety and Motor Vehiclessufficient floor space to enable it to
730	efficiently administer the affairs of the department and to
731	provide fees for copies of public records.
732	Section 22. Section 321.25, Florida Statutes, is amended
733	to read:
734	321.25 Training provided at patrol schools.--The
735	Department of the Florida Highway PatrolHighway Safety and
736	Motor Vehiclesis authorized to provide for the training of law
737	enforcement officials and individuals in matters relating to the
738	duties, functions, and powers of the Florida Highway Patrol in
739	the schools established by the department for the training of
740	highway patrol candidates and officers. The Department of the
741	Florida Highway PatrolHighway Safety and Motor Vehiclesis
742	authorized to charge a fee for providing the training authorized
743	by this section. The fee shall be charged to persons attending
744	the training. The fee shall be based on the Department of the
745	Florida Highway Patrol'sHighway Safety and Motor Vehicles'
746	costs for providing the training, and such costs may include,
747	but are not limited to, tuition, lodging, and meals. Revenues
748	from the fees shall be used to offset the Department of the
749	Florida Highway Patrol'sHighway Safety and Motor Vehicles'
750	costs for providing the training. The cost of training local
751	enforcement officers shall be paid for by their respective
752	offices, counties or municipalities, as the case may be. Such
753	cost shall be deemed a proper county or municipal expense or a
754	proper expenditure of the office of sheriff.
755	Section 23. Subsection (2) of section 338.239, Florida
756	Statutes, is amended to read:
757	338.239 Traffic control on the turnpike system.--
758	(2) Members of the Florida Highway Patrol are vested with
759	the power, and charged with the duty, to enforce the rules of
760	the department. Approved expenditures incurred by the Florida
761	Highway Patrol in carrying out its powers and duties under ss.
762	338.22-338.241 may be treated as a part of the cost of the
763	operation of the turnpike system, and the Department of the
764	Florida Highway PatrolHighway Safety and Motor Vehiclesshall
765	be reimbursed by the turnpike enterprise for such expenses
766	incurred on the turnpike system. Florida Highway Patrol Troop K
767	shall be headquartered with the turnpike enterprise and shall be
768	the official and preferred law enforcement troop for the
769	turnpike system. The Department of the Florida Highway Patrol
770	Highway Safety and Motor Vehiclesmay, upon request of the
771	executive director of the turnpike enterprise and approval of
772	the Legislature, increase the number of authorized positions for
773	Troop K, or the executive director of the turnpike enterprise
774	may contract with the Department of the Florida Highway Patrol
775	Highway Safety and Motor Vehiclesfor additional troops to
776	patrol the turnpike system.
777	Section 24. Paragraph (a) of subsection (1) of section
778	943.11, Florida Statutes, is amended to read:
779	943.11 Criminal Justice Standards and Training Commission;
780	membership; meetings; compensation.--
781	(1)(a) There is created a Criminal Justice Standards and
782	Training Commission within the Department of Law Enforcement.
783	The commission shall be composed of 19 members, consisting of
784	the secretary of the Department of Corrections or a designated
785	assistant; the Attorney General or a designated assistant; the
786	Commissioner of Education or a designated assistant; the
787	Director of the DepartmentDivisionof the Florida Highway
788	Patrol; and 15 members, to be appointed by the Governor,
789	consisting of 3 sheriffs; 3 chiefs of police; 4 law enforcement
790	officers who are neither sheriffs nor chiefs of police, at least
791	3 of whom are of the rank of sergeant or below within the
792	employing agency; 2 correctional officers, 1 of whom is an
793	administrator of a state correctional institution and 1 of whom
794	is of the rank of sergeant or below within the employing agency;
795	1 training center director; 1 person who is in charge of a
796	county correctional institution; and 1 resident of the state who
797	falls into none of the foregoing classifications. Prior to the
798	appointment, the sheriff, chief of police, law enforcement
799	officer, and correctional officer members shall have had at
800	least 4 years' experience as law enforcement officers or
801	correctional officers.
802	Section 25. Paragraph (a) of subsection (1) of section
803	72.011, Florida Statutes, is amended to read:
804	72.011 Jurisdiction of circuit courts in specific tax
805	matters; administrative hearings and appeals; time for
806	commencing action; parties; deposits.--
807	(1)(a) A taxpayer may contest the legality of any
808	assessment or denial of refund of tax, fee, surcharge, permit,
809	interest, or penalty provided for under s. 125.0104, s.
810	125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
811	chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
812	chapter 212, chapter 213, chapter 220, chapter 221, s.
813	370.07(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185, s.
814	538.09, s. 538.25, chapter 550, chapter 561, chapter 562,
815	chapter 563, chapter 564, chapter 565, chapter 624, or s.
816	681.117 by filing an action in circuit court; or, alternatively,
817	the taxpayer may file a petition under the applicable provisions
818	of chapter 120. However, once an action has been initiated under
819	s. 120.56, s. 120.565, s. 120.569, s. 120.57, or s.
820	120.80(15)(b)120.80(14)(b), no action relating to the same
821	subject matter may be filed by the taxpayer in circuit court,
822	and judicial review shall be exclusively limited to appellate
823	review pursuant to s. 120.68; and once an action has been
824	initiated in circuit court, no action may be brought under
825	chapter 120.
826	Section 26. Subsection (8) of section 213.015, Florida
827	Statutes, is amended to read:
828	213.015 Taxpayer rights.--There is created a Florida
829	Taxpayer's Bill of Rights to guarantee that the rights, privacy,
830	and property of Florida taxpayers are adequately safeguarded and
831	protected during tax assessment, collection, and enforcement
832	processes administered under the revenue laws of this state.
833	The Taxpayer's Bill of Rights compiles, in one document, brief
834	but comprehensive statements which explain, in simple,
835	nontechnical terms, the rights and obligations of the Department
836	of Revenue and taxpayers. Section 192.0105 provides additional
837	rights afforded to payors of property taxes and assessments. The
838	rights afforded taxpayers to ensure that their privacy and
839	property are safeguarded and protected during tax assessment and
840	collection are available only insofar as they are implemented in
841	other parts of the Florida Statutes or rules of the Department
842	of Revenue. The rights so guaranteed Florida taxpayers in the
843	Florida Statutes and the departmental rules are:
844	(8) The right to seek review, through formal or informal
845	proceedings, of any adverse decisions relating to determinations
846	in the audit or collections processes and the right to seek a
847	reasonable administrative stay of enforcement actions while the
848	taxpayer pursues other administrative remedies available under
849	Florida law (see ss. 120.80(15)(b)120.80(14)(b), 213.21(1),
850	220.717, and 220.719(2)).
851	Section 27. Subsection (5) of section 215.26, Florida
852	Statutes, is amended to read:
853	215.26 Repayment of funds paid into State Treasury through
854	error.--
855	(5) When a taxpayer has pursued administrative remedies
856	before the Department of Revenue pursuant to s. 213.21 and has
857	failed to comply with the time limitations and conditions
858	provided in ss. 72.011 and 120.80(15)(b)120.80(14)(b), a claim
859	of refund under subsection (1) shall be denied by the
860	Comptroller. However, the Comptroller may entertain a claim for
861	refund under this subsection when the taxpayer demonstrates that
862	his or her failure to pursue remedies under chapter 72 was not
863	due to neglect or for the purpose of delaying payment of
864	lawfully imposed taxes and can demonstrate reasonable cause for
865	such failure.
866	Section 28. Subsection (3) of section 519.101, Florida
867	Statutes, is amended to read:
868	519.101 Florida equity exchange feasibility study;
869	structure, operation, and regulation.--
870	(3) Within 30 days following such determination, a
871	committee shall be appointed to write the constitution and
872	bylaws of the exchange. The Comptroller may provide technical
873	assistance to the committee on the development of the
874	constitution and bylaws of the exchange. The committee shall
875	consist of 15 members, 11 members to be appointed by the
876	Governor, 2 members to be appointed by the Speaker of the House
877	of Representatives, and 2 members to be appointed by the
878	President of the Senate. The chair shall be elected by a
879	majority of the committee. The committee shall transmit such
880	proposed constitution, bylaws, and other recommendations for the
881	approval of the Comptroller no later than 90 days following the
882	first meeting of the committee. In reviewing the constitution
883	and the bylaws of the exchange, as well as any other
884	recommendations made to the Comptroller by the committee, the
885	Comptroller shall consider whether such constitution, bylaws,
886	and recommendations are reasonably consistent with the public
887	interest and the efficient functioning of the exchange. The
888	Comptroller shall approve the constitution and bylaws of the
889	exchange if he or she finds that they specifically describe the
890	types of business that the exchange will conduct, that such
891	business activities are not inconsistent with state or federal
892	law, that the form of business organization of the exchange
893	complies with statutory requirements, and that the interest of
894	owners or members of the exchange would be adequately protected.
895	The submission of the proposed constitution and bylaws to the
896	Comptroller shall be deemed an application for a license and
897	shall be subject to the provisions of s. 120.80(10)120.80(9).
898	Section 29. Section 321.065, Florida Statutes, is
899	reenacted to read:
900	321.065 Traffic accident investigation officers;
901	employment; standards.--The department may employ traffic
902	accident investigation officers who must complete any applicable
903	standards adopted by the Florida Highway Patrol, including, but
904	not limited to: cognitive testing, drug testing, polygraph
905	testing, psychological testing, and an extensive background
906	check, including a credit check.
907	Section 30. This act shall take effect July 1, 2003.