HB 1421

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Department of Public Safety;
7	creating s. 20.60, F.S.; creating the Department of Public
8	Safety; transferring the Florida Highway Patrol from the
9	Department of Highway Safety and Motor Vehicles to the
10	Department of Public Safety; transferring the Boating and
11	Waterways Section of the Division of Law Enforcement of
12	the Fish and Wildlife Conservation Commission to the
13	Department of Public Safety; transferring certain law
14	enforcement officers within the Fish and Wildlife
15	Conservation Commission to the Department of Public
16	Safety; providing a limit on the number of such sworn law
17	enforcement positions transferred; amending ss. 20.24,
18	20.331, 23.1231, 120.80, 282.1095, 316.003, 316.065,
19	316.066, 316.068, 316.1905, 316.1906, 316.611, 316.614,
20	and 316.640, F.S.; conforming provisions to the creation
21	of the Department of Public Safety and the transfers of
22	powers, duties, and personnel to the department; creating
23	s. 321.011, F.S.; providing definitions; amending ss.
24	321.02, 321.03, 321.04, 321.05, 321.051, 321.065, 321.23,
25	and 321.25, F.S.; conforming provisions to the creation of
26	the Department of Public Safety and the transfers of
27	powers, duties, and personnel to the department; providing
28	a directive to the Division of Statutory Revision;
29	creating ss. 327.901, 327.902, 327.903, 327.904, 327.905,
30	and 327.9065, F.S.; providing definitions; providing for
31	duties, powers, and organization of the Florida Marine
32	Patrol; providing for uniforms, emblems, and distinctive
33	colors for the patrol; providing for rulemaking;
34	prohibiting imitations; providing penalties; providing for
35	boating accident investigators; amending ss. 337.406,
36	338.239, 339.281, 370.0603, 401.245, 403.413, 790.25,
37	843.08, and 870.04, F.S.; conforming provisions to the
38	creation of the Department of Public Safety and the
39	transfers of powers, duties, and personnel to the
40	department; providing an effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  Section 20.60, Florida Statutes, is created to
45	read:
46	20.60  Department of Public Safety.--
47	(1)  There is created a Department of Public Safety.
48	(2)  The head of the Department of Public Safety is the
49	Governor and Cabinet.
50	(3)  The following divisions of the Department of Public
51	Safety are established:
52	(a)  Division of the Florida Highway Patrol.
53	(b)  Division of the Florida Marine Patrol. The division
54	shall have all powers, duties, responsibilities, and functions
55	as are necessary to manage and promote the use of state
56	waterways for safe and enjoyable boating. Duties and
57	responsibilities of the division include enforcement of all laws
58	relating to boating, oversight, and coordination of waterway
59	markers on state waters; providing boating education and boating
60	safety programs; improving boating access; coordinating the
61	removal of derelict vessels from state waters; implementing
62	economic development initiatives to promote boating in the
63	state; and coordinating the submission of state comments on
64	marine events.
65	(4)  The department's officers also shall, when necessary,
66	assist in the enforcement of all general laws, provide search-
67	and-rescue and disaster response services, and coordinate with
68	local, state, and federal entities on law enforcement issues.
69	Section 2.  All statutory powers, duties, and functions of
70	the Florida Highway Patrol within the Department of Highway
71	Safety and Motor Vehicles are transferred from the Department of
72	Highway Safety and Motor Vehicles to the Division of the Florida
73	Highway Patrol within the Department of Public Safety by a type
74	one transfer, as defined in s. 20.06, Florida Statutes.
75	Section 3.  All statutory powers, duties, and functions of
76	the Boating and Waterways Section within the Fish and Wildlife
77	Conservation Commission are transferred from the Fish and
78	Wildlife Conservation Commission to the Division of the Florida
79	Marine Patrol within the Department of Public Safety by a type
80	one transfer, as defined in s. 20.06, Florida Statutes. This
81	transfer shall include the transfer of all law enforcement
82	officers within the Fish and Wildlife Conservation Commission
83	whose primary duties are to enforce laws relating to boating.
84	The number of sworn law enforcement FTE positions transferred
85	under this section shall be one-half the number of such
86	positions in the Fish and Wildlife Conservation Commission.
87	Section 4.  Subsection (2) of section 20.24, Florida
88	Statutes, is amended to read:
89	20.24  Department of Highway Safety and Motor
90	Vehicles.--There is created a Department of Highway Safety and
91	Motor Vehicles.
92	(2)  The following divisions, and bureaus within the
93	divisions, of the Department of Highway Safety and Motor
94	Vehicles are established:
95	(a)  Division of the Florida Highway Patrol.
96	(a)(b)  Division of Driver Licenses.
97	(b)(c)  Division of Motor Vehicles.
98	1.  Bureau of Motor Vehicle Inspection.
99	Section 5.  Paragraph (a) of subsection (4) and paragraph
100	(e) of subsection (7) of section 20.331, Florida Statutes, are
101	amended to read:
102	20.331  Fish and Wildlife Conservation Commission.--
103	(4)  PROGRAM AND RESEARCH SERVICES.--Within the Fish and
104	Wildlife Conservation Commission, the principal unit for program
105	services is a "division" headed by a "director." The principal
106	subunit of the division is a "section" headed by a "leader." The
107	principal subunit of the section is a "subsection" headed by an
108	"administrator."
109	(a)  The following divisions and section are created within
110	the commission:
111	1.  Division of Freshwater Fisheries Management.
112	2.  Division of Habitat and Species Conservation.
113	3.  Division of Hunting and Game Management.
114	4.  Division of Law Enforcement. There is created within
115	the division the Boating and Waterways Section with duties and
116	responsibilities as provided in paragraph (7)(e).
117	5.  Division of Marine Fisheries Management.
118	(7)  ASSIGNMENT OF DUTIES AND RESPONSIBILITIES.--The
119	commission, and the Legislature as provided in s. 9, Art. IV of
120	the State Constitution, shall assign to the:
121	(e)  Division of Law Enforcement such powers, duties,
122	responsibilities, and functions as are necessary to ensure
123	enforcement of laws and rules governing the management,
124	protection, conservation, improvement, and expansion of wild
125	animal life, freshwater aquatic life, and marine life resources.
126	In performance of their duties as sworn law enforcement officers
127	for the State of Florida, the division's officers also shall,
128	enforce all laws relating to boating, provide public safety
129	services for citizens on lands and waters of the state
130	particularly in remote areas, provide search-and-rescue and
131	disaster response services when necessary, assist in the
132	enforcement of all general laws, provide search-and-rescue and
133	disaster response services, and coordinate with local, state,
134	and federal entities on law enforcement issues.
135	1.  The Boating and Waterways Section such powers, duties,
136	responsibilities, and functions as are necessary to manage and
137	promote the use of state waterways for safe and enjoyable
138	boating. Duties and responsibilities of the section include
139	oversight and coordination of waterway markers on state waters,
140	providing boating education and boating safety programs,
141	improving boating access, coordinating the removal of derelict
142	vessels from state waters, implementing economic development
143	initiatives to promote boating in the state, and coordinating
144	the submission of state comments on marine events.
145	Section 6.  Paragraph (e) of subsection (2) of section
146	23.1231, Florida Statutes, is amended to read:
147	23.1231  Florida Mutual Aid Plan; powers and duties.--
148	(2)  The executive director of the Department of Law
149	Enforcement acting under the Governor as the state's chief law
150	enforcement officer is the director of the Florida Mutual Aid
151	Plan. The director of the Florida Mutual Aid Plan shall:
152	(e)  Act as the liaison with the Division of the Florida
153	Highway Patrol of the Department of Public Highway Safety and
154	Motor Vehicles in order to coordinate and integrate plans for
155	traffic control and the participation of the department in the
156	law enforcement operation;
157	Section 7.  Subsection (8) of section 120.80, Florida
158	Statutes, is amended, and paragraph (b) of that subsection is
159	renumbered as subsection (18) of that section, to read:
160	120.80  Exceptions and special requirements; agencies.--
161	(8)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
162	(a)  Drivers' licenses.--
163	(a)1.  Notwithstanding s. 120.57(1)(a), hearings regarding
164	drivers' licensing pursuant to chapter 322 need not be conducted
165	by an administrative law judge assigned by the division.
166	(b)2.  Notwithstanding s. 120.60(5), cancellation,
167	suspension, or revocation of a driver's license shall be by
168	personal delivery to the licensee or by first-class mail as
169	provided in s. 322.251.
170	(18)(b)  DEPARTMENT OF PUBLIC SAFETY Wrecker
171	operators.--Notwithstanding s. 120.57(1)(a), hearings held by
172	the Division of the Florida Highway Patrol of the Department of
173	Public Highway Safety and Motor Vehicles to deny, suspend, or
174	remove a wrecker operator from participating in the wrecker
175	rotation system established by s. 321.051 need not be conducted
176	by an administrative law judge assigned by the division. These
177	hearings shall be held by a hearing officer appointed by the
178	director of the Division of the Florida Highway Patrol.
179	Section 8.  Paragraph (a) of subsection (2) of section
180	282.1095, Florida Statutes, is amended to read:
181	282.1095  State agency law enforcement radio system and
182	interoperability network.--
183	(2)(a)  The Joint Task Force on State Agency Law
184	Enforcement Communications shall consist of nine eight members,
185	as follows:
186	1.  A representative of the Division of Alcoholic Beverages
187	and Tobacco of the Department of Business and Professional
188	Regulation who shall be appointed by the secretary of the
189	department.
190	2.  A representative of the Division of the Florida Highway
191	Patrol and a representative of the Division of the Florida
192	Marine Patrol of the Department of Public Highway Safety and
193	Motor Vehicles who each shall be appointed by the executive
194	director of the department.
195	3.  A representative of the Department of Law Enforcement
196	who shall be appointed by the executive director of the
197	department.
198	4.  A representative of the Fish and Wildlife Conservation
199	Commission who shall be appointed by the executive director of
200	the commission.
201	5.  A representative of the Division of Law Enforcement of
202	the Department of Environmental Protection who shall be
203	appointed by the secretary of the department.
204	6.  A representative of the Department of Corrections who
205	shall be appointed by the secretary of the department.
206	7.  A representative of the Division of State Fire Marshal
207	of the Department of Financial Services who shall be appointed
208	by the State Fire Marshal.
209	8.  A representative of the Department of Transportation
210	who shall be appointed by the secretary of the department.
211	Section 9.  Subsection (9) of section 316.003, Florida
212	Statutes, is amended to read:
213	316.003  Definitions.--The following words and phrases,
214	when used in this chapter, shall have the meanings respectively
215	ascribed to them in this section, except where the context
216	otherwise requires:
217	(9)  DIRECTOR.--The Director of the Division of the Florida
218	Highway Patrol of the Department of Public Highway Safety and
219	Motor Vehicles.
220	Section 10.  Subsection (2) of section 316.065, Florida
221	Statutes, is amended to read:
222	316.065  Crashes; reports; penalties.--
223	(2)  Every coroner or other official performing like
224	functions, upon learning of the death of a person in his or her
225	jurisdiction as the result of a traffic crash, shall immediately
226	notify the nearest office or station of the Department of Public
227	Safety.
228	Section 11.  Subsections (1) and (2) and paragraph (a) of
229	subsection (3) of section 316.066, Florida Statutes, are amended
230	to read:
231	316.066  Written reports of crashes.--
232	(1)  The driver of a vehicle which is in any manner
233	involved in a crash resulting in bodily injury to or death of
234	any person or damage to any vehicle or other property in an
235	apparent amount of at least $500 shall, within 10 days after the
236	crash, forward a written report of such crash to the Department
237	of Public Safety or traffic records center. However, when the
238	investigating officer has made a written report of the crash
239	pursuant to paragraph (3)(a), no written report need be
240	forwarded to the Department of Public Safety or traffic records
241	center by the driver.
242	(2)  The receiving entity may require any driver of a
243	vehicle involved in a crash of which a written report must be
244	made as provided in this section to file supplemental written
245	reports whenever the original report is insufficient in the
246	opinion of the Department of Public Safety and may require
247	witnesses of crashes to render reports to the Department of
248	Public Safety.
249	(3)(a)  Every law enforcement officer who in the regular
250	course of duty investigates a motor vehicle crash:
251	1.  Which crash resulted in death or personal injury shall,
252	within 10 days after completing the investigation, forward a
253	written report of the crash to the Department of Public Safety
254	or traffic records center.
255	2.  Which crash involved a violation of s. 316.061(1) or s.
256	316.193 shall, within 10 days after completing the
257	investigation, forward a written report of the crash to the
258	Department of Public Safety or traffic records center.
259	3.  In which crash a vehicle was rendered inoperative to a
260	degree which required a wrecker to remove it from traffic may,
261	within 10 days after completing the investigation, forward a
262	written report of the crash to the Department of Public Safety
263	or traffic records center if such action is appropriate, in the
264	officer's discretion.
265
266	However, in every case in which a crash report is required by
267	this section and a written report to a law enforcement officer
268	is not prepared, the law enforcement officer shall provide each
269	party involved in the crash a short-form report, prescribed by
270	the state, to be completed by the party. The short-form report
271	must include, but is not limited to: the date, time, and
272	location of the crash; a description of the vehicles involved;
273	the names and addresses of the parties involved; the names and
274	addresses of witnesses; the name, badge number, and law
275	enforcement agency of the officer investigating the crash; and
276	the names of the insurance companies for the respective parties
277	involved in the crash. Each party to the crash shall provide the
278	law enforcement officer with proof of insurance to be included
279	in the crash report. If a law enforcement officer submits a
280	report on the accident, proof of insurance must be provided to
281	the officer by each party involved in the crash. Any party who
282	fails to provide the required information commits is guilty of
283	an infraction for a nonmoving violation, punishable as provided
284	in chapter 318 unless the officer determines that due to
285	injuries or other special circumstances such insurance
286	information cannot be provided immediately. If the person
287	provides the law enforcement agency, within 24 hours after the
288	crash, proof of insurance that was valid at the time of the
289	crash, the law enforcement agency may void the citation.
290	Section 12.  Section 316.068, Florida Statutes, is amended
291	to read:
292	316.068  Crash report forms.--
293	(1)  The Department of Public Safety shall prepare and,
294	upon request, supply to police departments, sheriffs, and other
295	appropriate agencies or individuals forms for crash reports as
296	required in this chapter, suitable with respect to the persons
297	required to make such reports and the purposes to be served. The
298	form must call for sufficiently detailed information to
299	disclose, with reference to a vehicle crash, the cause and
300	conditions then existing and the persons and vehicles involved.
301	Every crash report form must call for the policy numbers of
302	liability insurance and the names of carriers covering any
303	vehicle involved in a crash required to be reported by this
304	chapter.
305	(2)  Every crash report required to be made in writing must
306	be made on the appropriate form approved by the Department of
307	Public Safety and must contain all the information required
308	therein unless not available. Notwithstanding any other
309	provisions of this section, a crash report produced
310	electronically by a law enforcement officer must, at a minimum,
311	contain the same information as is called for on those forms
312	approved by the Department of Public Safety.
313	Section 13.  Subsection (1) and paragraph (a) of subsection
314	(3) of section 316.1905, Florida Statutes, are amended to read:
315	316.1905  Electrical, mechanical, or other speed
316	calculating devices; power of arrest; evidence.--
317	(1)  Whenever any peace officer engaged in the enforcement
318	of the motor vehicle laws of this state uses an electronic,
319	electrical, mechanical, or other device used to determine the
320	speed of a motor vehicle on any highway, road, street, or other
321	public way, such device shall be of a type approved by the
322	Department of Public Safety and shall have been tested to
323	determine that it is operating accurately. Tests for this
324	purpose shall be made not less than once each 6 months,
325	according to procedures and at regular intervals of time
326	prescribed by the Department of Public Safety.
327	(3)(a)  A witness otherwise qualified to testify shall be
328	competent to give testimony against an accused violator of the
329	motor vehicle laws of this state when such testimony is derived
330	from the use of such an electronic, electrical, mechanical, or
331	other device used in the calculation of speed, upon showing that
332	the speed calculating device which was used had been tested.
333	However, the operator of any visual average speed computer
334	device shall first be certified as a competent operator of such
335	device by the Department of Public Safety.
336	Section 14.  Paragraph (f) of subsection (2) of section
337	316.1906, Florida Statutes, is amended to read:
338	316.1906  Radar speed-measuring devices; evidence,
339	admissibility.--
340	(2)  Evidence of the speed of a vehicle measured by any
341	radar speed-measuring device shall be inadmissible in any
342	proceeding with respect to an alleged violation of provisions of
343	law regulating the lawful speed of vehicles, unless such
344	evidence of speed is obtained by an officer who:
345	(f)  Is using a radar unit that which meets the minimum
346	design criteria for such units established by the Department of
347	Public Highway Safety and Motor Vehicles.
348	Section 15.  Section 316.611, Florida Statutes, is amended
349	to read:
350	316.611  Tandem trailer equipment and use.--The Department
351	of Transportation shall adopt rules to regulate tandem trailer
352	truck equipment and use in the interest of safety, public
353	convenience, and preservation of public road facilities. The
354	rules shall apply according to their terms to all jurisdictions
355	of the state except the Florida Turnpike. Such rules shall be
356	enforced by the Department of Transportation, the Department of
357	Public Highway Safety and Motor Vehicles, and local authorities.
358	Section 16.  Subsection (9) of section 316.614, Florida
359	Statutes, is amended to read:
360	316.614  Safety belt usage.--
361	(9)  By January 1, 2006, each law enforcement agency in
362	this state shall adopt departmental policies to prohibit the
363	practice of racial profiling. When a law enforcement officer
364	issues a citation for a violation of this section, the law
365	enforcement officer must record the race and ethnicity of the
366	violator. All law enforcement agencies must maintain such
367	information and forward the information to the Department of
368	Public Safety in a form and manner determined by that the
369	department. The Department of Public Safety shall collect this
370	information by jurisdiction and annually report the data to the
371	Governor, the President of the Senate, and the Speaker of the
372	House of Representatives. The report must show separate
373	statewide totals for the state's county sheriffs and municipal
374	law enforcement agencies, state law enforcement agencies, and
375	state university law enforcement agencies.
376	Section 17.  Paragraph (a) of subsection (1) of section
377	316.640, Florida Statutes, is amended to read:
378	316.640  Enforcement.--The enforcement of the traffic laws
379	of this state is vested as follows:
380	(1)  STATE.--
381	(a)1.a.  The Division of the Florida Highway Patrol and the
382	Division of the Florida Marine Patrol of the Department of
383	Public Highway Safety and Motor Vehicles; the Division of Law
384	Enforcement of the Fish and Wildlife Conservation Commission;
385	the Division of Law Enforcement of the Department of
386	Environmental Protection; law enforcement officers of the
387	Department of Transportation; and the agents, inspectors, and
388	officers of the Department of Law Enforcement each have
389	authority to enforce all of the traffic laws of this state on
390	all the streets and highways thereof and elsewhere throughout
391	the state wherever the public has a right to travel by motor
392	vehicle.
393	b.  University police officers shall have authority to
394	enforce all of the traffic laws of this state when such
395	violations occur on or about any property or facilities that are
396	under the guidance, supervision, regulation, or control of a
397	state university, a direct-support organization of such state
398	university, or any other organization controlled by the state
399	university or a direct-support organization of the state
400	university, except that traffic laws may be enforced off-campus
401	when hot pursuit originates on or adjacent to any such property
402	or facilities.
403	c.  Community college police officers shall have the
404	authority to enforce all the traffic laws of this state only
405	when such violations occur on any property or facilities that
406	are under the guidance, supervision, regulation, or control of
407	the community college system.
408	d.  Police officers employed by an airport authority shall
409	have the authority to enforce all of the traffic laws of this
410	state only when such violations occur on any property or
411	facilities that are owned or operated by an airport authority.
412	(I)  An airport authority may employ as a parking
413	enforcement specialist any individual who successfully completes
414	a training program established and approved by the Criminal
415	Justice Standards and Training Commission for parking
416	enforcement specialists but who does not otherwise meet the
417	uniform minimum standards established by the commission for law
418	enforcement officers or auxiliary or part-time officers under s.
419	943.12. Nothing in this sub-sub-subparagraph shall be construed
420	to permit the carrying of firearms or other weapons, nor shall
421	such parking enforcement specialist have arrest authority.
422	(II)  A parking enforcement specialist employed by an
423	airport authority is authorized to enforce all state, county,
424	and municipal laws and ordinances governing parking only when
425	such violations are on property or facilities owned or operated
426	by the airport authority employing the specialist, by
427	appropriate state, county, or municipal traffic citation.
428	e.  The Office of Agricultural Law Enforcement of the
429	Department of Agriculture and Consumer Services shall have the
430	authority to enforce traffic laws of this state.
431	f.  School safety officers shall have the authority to
432	enforce all of the traffic laws of this state when such
433	violations occur on or about any property or facilities which
434	are under the guidance, supervision, regulation, or control of
435	the district school board.
436	2.  An agency of the state as described in subparagraph 1.
437	is prohibited from establishing a traffic citation quota. A
438	violation of this subparagraph is not subject to the penalties
439	provided in chapter 318.
440	3.  Any disciplinary action taken or performance evaluation
441	conducted by an agency of the state as described in subparagraph
442	1. of a law enforcement officer's traffic enforcement activity
443	must be in accordance with written work-performance standards.
444	Such standards must be approved by the agency and any collective
445	bargaining unit representing such law enforcement officer. A
446	violation of this subparagraph is not subject to the penalties
447	provided in chapter 318.
448	4.  The Division of the Florida Highway Patrol may employ
449	as a traffic accident investigation officer any individual who
450	successfully completes instruction in traffic accident
451	investigation and court presentation through the Selective
452	Traffic Enforcement Program as approved by the Criminal Justice
453	Standards and Training Commission and funded through the
454	National Highway Traffic Safety Administration or a similar
455	program approved by the commission, but who does not necessarily
456	meet the uniform minimum standards established by the commission
457	for law enforcement officers or auxiliary law enforcement
458	officers under chapter 943. Any such traffic accident
459	investigation officer who makes an investigation at the scene of
460	a traffic accident may issue traffic citations, based upon
461	personal investigation, when he or she has reasonable and
462	probable grounds to believe that a person who was involved in
463	the accident committed an offense under this chapter, chapter
464	319, chapter 320, or chapter 322 in connection with the
465	accident. This subparagraph does not permit the officer to carry
466	firearms or other weapons, and such an officer does not have
467	authority to make arrests.
468	Section 18.  Section 321.011, Florida Statutes, is created
469	to read:
470	321.011  Definitions.--As used in this chapter, the term:
471	(1)  "Department" means the Department of Public Safety
472	created in s. 20.60.
473	(2)  "Director" means the executive director of the
474	Department of Public Safety.
475	(3)  "Division" means the Division of the Highway Patrol of
476	the department.
477	Section 19.  Section 321.02, Florida Statutes, is amended
478	to read:
479	321.02  Powers and duties of department, highway patrol.--
480	(1)  The director of the Division of Highway Patrol of the
481	Department of Highway Safety and Motor Vehicles shall also be
482	the commander of the Florida Highway Patrol. The said department
483	shall adopt set up and promulgate rules and regulations by which
484	the personnel of the Florida Highway Patrol officers shall be
485	examined, employed, trained, located, suspended, reduced in
486	rank, discharged, recruited, paid and pensioned, subject to
487	civil service provisions hereafter set out.
488	(2)  The department may enter into contracts or agreements,
489	with or without competitive bidding or procurement, to make
490	available, on a fair, reasonable, nonexclusive, and
491	nondiscriminatory basis, property and other structures under
492	division control for the placement of new facilities by any
493	wireless provider of mobile service as defined in 47 U.S.C. s.
494	153(n) or s. 332(d), and any telecommunications company as
495	defined in s. 364.02 when it is determined to be practical and
496	feasible to make such property or other structures available.
497	The department may, without adopting a rule, charge a just,
498	reasonable, and nondiscriminatory fee for placement of the
499	facilities, payable annually, based on the fair market value of
500	space used by comparable communications facilities in the state.
501	The department and a wireless provider or telecommunications
502	company may negotiate the reduction or elimination of a fee in
503	consideration of services provided to the division by the
504	wireless provider or the telecommunications company. All such
505	fees collected by the department shall be deposited directly
506	into the State Agency Law Enforcement Radio System Trust Fund,
507	and may be used to construct, maintain, or support the system.
508	(3)  The department is further specifically authorized to
509	purchase, sell, trade, rent, lease and maintain all necessary
510	equipment, uniforms, motor vehicles, communication systems,
511	housing facilities, and office space, and perform any other acts
512	necessary for the proper administration and enforcement of this
513	chapter. However, all supplies and equipment consisting of
514	single items or in lots shall be purchased under the
515	requirements of s. 287.057. Purchases shall be made by accepting
516	the bid of the lowest responsive bidder, the right being
517	reserved to reject all bids.
518	(4)  The department shall prescribe a distinctive uniform
519	and distinctive emblem to be worn by all officers of the Florida
520	Highway Patrol. It shall be unlawful for any other person or
521	persons to wear a similar uniform or emblem, or any part or
522	parts thereof. The department shall also prescribe distinctive
523	colors for use on motor vehicles and motorcycles operated by the
524	Florida Highway Patrol. The prescribed colors shall be referred
525	to as "Florida Highway Patrol black and tan."
526	Section 20.  Section 321.03, Florida Statutes, is amended
527	to read:
528	321.03  Imitations prohibited; penalty.--It shall be
529	unlawful for any person or persons in the state to color or
530	cause to be colored any motor vehicle or motorcycle the same or
531	similar color as the color or colors so prescribed for the
532	Florida Highway Patrol. Any person violating any of the
533	provisions of this section or s. 321.02 with respect to
534	uniforms, emblems, motor vehicles and motorcycles commits shall
535	be guilty of a misdemeanor of the first degree, punishable as
536	provided in s. 775.082 or s. 775.083. The department of Highway
537	Safety and Motor Vehicles shall employ such clerical help and
538	mechanics as may be necessary for its the economical and
539	efficient operation of such department.
540	Section 21.  Subsections (1) and (3) of section 321.04,
541	Florida Statutes, are amended to read:
542	321.04  Personnel of the highway patrol; rank
543	classifications; probationary status of new patrol officers;
544	subsistence; special assignments.--
545	(1)  The department of Highway Safety and Motor Vehicles
546	shall employ patrol officers, as authorized by the Legislature
547	in appropriating funds for their salaries exclusive of those
548	members of the patrol who are assigned to and paid by special
549	departments,; and shall establish the necessary supervisory
550	ranks within the Florida Highway Patrol to efficiently supervise
551	and carry out its the designated functions of the patrol and
552	those of the department in accordance with the regulations
553	established by the Department of Management Services. Management
554	positions shall not exceed 6 percent of the total workforce.
555	(3)  The Governor shall select department of Highway Safety
556	and Motor Vehicles shall assign one patrol officer to be
557	assigned by the department to the office of the Governor.; said
558	patrol The officer so assigned shall be selected by the Governor
559	and shall have rank and pay not less than that of a lieutenant
560	within the department of the Florida Highway Patrol, and said
561	patrol officer so assigned shall be paid by the said department
562	from the department's appropriation, made to said department;
563	and said patrol officer shall have and receive all other
564	benefits provided for officers of that rank in this chapter or
565	any other statute now in existence or hereinafter enacted.
566	Section 22.  Section 321.05, Florida Statutes, is amended
567	to read:
568	321.05  Duties, functions, and powers of patrol
569	officers.--The members of the Florida Highway Patrol are hereby
570	declared to be conservators of the peace and law enforcement
571	officers of the state, with the common-law right to arrest a
572	person who, in the presence of the arresting officer, commits a
573	felony or commits an affray or breach of the peace constituting
574	a misdemeanor, with full power to bear arms; and they shall
575	apprehend, without warrant, any person in the unlawful
576	commission of any of the acts over which the members of the
577	Florida Highway Patrol are given jurisdiction as hereinafter set
578	out and deliver him or her to the sheriff of the county that
579	further proceedings may be had against him or her according to
580	law. In the performance of any of the powers, duties, and
581	functions authorized by law, members of the Florida Highway
582	Patrol shall have the same protections and immunities afforded
583	other peace officers, which shall be recognized by all courts
584	having jurisdiction over offenses against the laws of this
585	state, and shall have authority to apply for, serve, and execute
586	search warrants, arrest warrants, capias, and other process of
587	the court in those matters in which patrol officers have primary
588	responsibility as set forth in subsection (1). The patrol
589	officers under the direction and supervision of the department
590	of Highway Safety and Motor Vehicles shall perform and exercise
591	throughout the state the following duties, functions, and
592	powers:
593	(1)  To patrol the state highways and regulate, control,
594	and direct the movement of traffic thereon; to maintain the
595	public peace by preventing violence on highways; to apprehend
596	fugitives from justice; to enforce all laws now in effect
597	regulating and governing traffic, travel, and public safety upon
598	the public highways and providing for the protection of the
599	public highways and public property thereon; to make arrests
600	without warrant for the violation of any state law committed in
601	their presence in accordance with the laws of this state;
602	providing that no search shall be made unless it is incident to
603	a lawful arrest, to regulate and direct traffic concentrations
604	and congestions; to enforce laws governing the operation,
605	licensing, and taxing and limiting the size, weight, width,
606	length, and speed of vehicles and licensing and controlling the
607	operations of drivers and operators of vehicles; to cooperate
608	with officials designated by law to collect all state fees and
609	revenues levied as an incident to the use or right to use the
610	highways for any purpose; to require the drivers of vehicles to
611	stop and exhibit their driver's licenses, registration cards, or
612	documents required by law to be carried by such vehicles; to
613	investigate traffic accidents, secure testimony of witnesses and
614	of persons involved, and make report thereof with copy, when
615	requested in writing, to any person in interest or his or her
616	attorney; to investigate reported thefts of vehicles and to
617	seize contraband or stolen property on or being transported on
618	the highways.
619	(2)  To assist other constituted law enforcement officers
620	of the state to quell mobs and riots, guard prisoners, and
621	police disaster areas.
622	(3)(a)  To make arrests while in fresh pursuit of a person
623	believed to have violated the traffic and other laws.
624	(b)  To make arrest of a person wanted for a felony or
625	against whom a warrant has been issued on any charge in
626	violation of federal, state, or county laws or municipal
627	ordinances.
628	(4)(a)  All fines and costs and the proceeds of the
629	forfeiture of bail bonds and recognizances resulting from the
630	enforcement of this chapter by patrol officers shall be paid
631	into the fine and forfeiture fund established pursuant to s.
632	142.01 of the county where the offense is committed. In all
633	cases of arrest by patrol officers, the person arrested shall be
634	delivered forthwith by said officer to the sheriff of the
635	county, or he or she shall obtain from such person arrested a
636	recognizance or, if deemed necessary, a cash bond or other
637	sufficient security conditioned for his or her appearance before
638	the proper tribunal of such county to answer the charge for
639	which he or she has been arrested; and all fees accruing shall
640	be taxed against the party arrested, which fees are hereby
641	declared to be part of the compensation of said sheriffs
642	authorized to be fixed by the Legislature under s. 5(c), Art. II
643	of the State Constitution, to be paid such sheriffs in the same
644	manner as fees are paid for like services in other criminal
645	cases. All patrol officers are hereby directed to deliver all
646	bonds accepted and approved by them to the sheriff of the county
647	in which the offense is alleged to have been committed. However,
648	no sheriff shall be paid any arrest fee for the arrest of a
649	person for violation of any section of chapter 316 when the
650	arresting officer was transported in a Florida Highway Patrol
651	car to the vicinity where the arrest was made; and no sheriff
652	shall be paid any fee for mileage for himself or herself or a
653	prisoner for miles traveled in a Florida Highway Patrol car. No
654	patrol officer shall be entitled to any fee or mileage cost
655	except when responding to a subpoena in a civil cause or except
656	when such patrol officer is appearing as an official witness to
657	testify at any hearing or law action in any court of this state
658	as a direct result of his or her employment as a patrol officer
659	during time not compensated as a part of his or her normal
660	duties. Nothing herein shall be construed as limiting the power
661	to locate and to take from any person under arrest or about to
662	be arrested deadly weapons. Nothing contained in this section
663	shall be construed as a limitation upon existing powers and
664	duties of sheriffs or police officers.
665	(b)  Any person so arrested and released on his or her own
666	recognizance by an officer and who shall fail to appear or
667	respond to a notice to appear shall, in addition to the traffic
668	violation charge, commits be guilty of a noncriminal traffic
669	infraction subject to the penalty provided in s. 318.18(2).
670	(5)  The department may employ or assign some fit and
671	suitable person with experience in the field of public relations
672	who shall have the duty to promote, coordinate, and publicize
673	the traffic safety activities in the state and assign such
674	person to the office of the Governor at a salary to be fixed by
675	the department. The person so assigned or employed shall be a
676	uniformed member of the uniform division of the Florida Highway
677	Patrol, and he or she shall have the pay and rank of lieutenant
678	while on such assignment.
679	(6)  The department may adopt division of Florida Highway
680	Patrol is authorized to promulgate rules under ss. 120.536(1)
681	and 120.54 and regulations which may be necessary to implement
682	the provisions of chapter 316.
683	Section 23.  Subsection (2) of section 321.051, Florida
684	Statutes, is amended to read:
685	321.051  Florida Highway Patrol wrecker operator system;
686	penalties for operation outside of system.--
687	(2)  The division of Florida Highway Patrol of the
688	Department of Highway Safety and Motor Vehicles is authorized to
689	establish within areas designated by the patrol a wrecker
690	operator system using qualified, reputable wrecker operators for
691	removal and storage of wrecked or disabled vehicles from a crash
692	scene or for removal and storage of abandoned vehicles, in the
693	event the owner or operator is incapacitated or unavailable or
694	leaves the procurement of wrecker service to the officer at the
695	scene. All reputable wrecker operators shall be eligible for use
696	in the system provided their equipment and drivers meet
697	recognized safety qualifications and mechanical standards set by
698	rules of the division of Florida Highway Patrol for the size of
699	vehicle it is designed to handle. The division is authorized to
700	limit the number of wrecker operators participating in the
701	wrecker operator system, which authority shall not affect
702	wrecker operators currently participating in the system
703	established by this section. The division is authorized to
704	establish maximum rates for the towing and storage of vehicles
705	removed at the division's request, where such rates have not
706	been set by a county or municipality pursuant to s. 125.0103 or
707	s. 166.043. Such rates shall not be considered rules for the
708	purpose of chapter 120; however, the department shall establish
709	by rule a procedure for setting such rates. Any provision in
710	chapter 120 to the contrary notwithstanding, a final order of
711	the department denying, suspending, or revoking a wrecker
712	operator's participation in the system shall be reviewable in
713	the manner and within the time provided by the Florida Rules of
714	Appellate Procedure only by a writ of certiorari issued by the
715	circuit court in the county wherein such wrecker operator
716	resides.
717	Section 24.  Section 321.065, Florida Statutes, is amended
718	to read:
719	321.065  Traffic accident investigation officers;
720	employment; standards.--The department may employ traffic
721	accident investigation officers who must complete any applicable
722	standards adopted by the division Florida Highway Patrol,
723	including, but not limited to: cognitive testing, drug testing,
724	polygraph testing, psychological testing, and an extensive
725	background check, including a credit check.
726	Section 25.  Subsection (1) of section 321.23, Florida
727	Statutes, is amended to read:
728	321.23  Public records; fees for copies; destruction of
729	obsolete records; photographing records; effect as evidence.--
730	(1)  The purpose of this section is to make available for
731	the department's use of the Department of Highway Safety and
732	Motor Vehicles sufficient floor space to enable it to
733	efficiently administer its the affairs of the department and to
734	provide fees for copies of public records.
735	Section 26.  Section 321.25, Florida Statutes, is amended
736	to read:
737	321.25  Training provided at patrol schools.--The
738	department of Highway Safety and Motor Vehicles is authorized to
739	provide for the training of law enforcement officials and
740	individuals in matters relating to the duties, functions, and
741	powers of the Florida Highway Patrol and the Florida Marine
742	Patrol in the schools established by the department for the
743	training of highway patrol and marine patrol candidates and
744	officers. The department of Highway Safety and Motor Vehicles is
745	authorized to charge a fee for providing the training authorized
746	by this section. The fee shall be charged to persons attending
747	the training. The fee shall be based on the department's
748	Department of Highway Safety and Motor Vehicles' costs for
749	providing the training, and such costs may include, but are not
750	limited to, tuition, lodging, and meals. Revenues from the fees
751	shall be used to offset the department's Department of Highway
752	Safety and Motor Vehicles' costs for providing the training. The
753	cost of training local enforcement officers shall be paid for by
754	their respective offices, counties, or municipalities, as the
755	case may be. Such cost shall be deemed a proper county or
756	municipal expense or a proper expenditure of the office of
757	sheriff.
758	Section 27.  The Division of Statutory Revision is
759	requested to designate ss. 327.01-327.804, Florida Statutes, as
760	part I of chapter 327, Florida Statutes, entitled "Vessel
761	Safety," and ss. 327.901-327.9065, Florida Statutes, as created
762	by this act, as part II of that chapter, entitled "Florida
763	Marine Patrol." The title of chapter 327, Florida Statutes,
764	shall remain "Vessel Safety."
765	Section 28.  Section 327.901, Florida Statutes, is created
766	to read:
767	327.901  Definitions.--As used in this part, the term:
768	(1)  "Department" means the Department of Public Safety
769	created in s. 20.60.
770	(2)  "Director" means the executive director of the
771	Department of Public Safety.
772	(3)  "Patrol" means the Florida Marine Patrol.
773	Section 29.  Section 327.902, Florida Statutes, is created
774	to read:
775	327.902  Powers and duties of department.--
776	(1)  The department shall adopt rules by which the officers
777	of the patrol shall be examined, employed, trained, located,
778	suspended, reduced in rank, discharged, recruited, paid, and
779	pensioned, subject to civil service provisions hereinafter set
780	out.
781	(2)  The department shall have the same powers and duties
782	regarding supplies and equipment for the patrol as are provided
783	for the Florida Highway Patrol in s. 321.02(3).
784	(3)  The department shall prescribe a distinctive uniform
785	and distinctive emblem to be worn by all patrol officers. It
786	shall be unlawful for any other person or persons to wear a
787	similar uniform or emblem or any part or parts thereof. The
788	department shall also prescribe distinctive colors for use on
789	motor vehicles and vessels operated by the patrol. The
790	prescribed colors for the patrol shall be referred to as
791	"Florida Marine Patrol black and gray."
792	(4)  The department may adopt rules under ss. 120.536(1)
793	and 120.54 to implement the provisions of this part conferring
794	powers and duties upon the department.
795	Section 30.  Section 327.903, Florida Statutes, is created
796	to read:
797	327.903  Imitations prohibited; penalty.--It shall be
798	unlawful for any person or persons in the state to color or
799	cause to be colored any motor vehicle, vessel, or motorcycle the
800	same or similar color as the color or colors so prescribed for
801	the patrol. Any person violating any of the provisions of this
802	section or s. 327.902 with respect to uniforms, emblems, motor
803	vehicles, vessels, and motorcycles commits a misdemeanor of the
804	first degree, punishable as provided in s. 775.082 or s.
805	775.083.
806	Section 31.  Section 327.904, Florida Statutes, is created
807	to read:
808	327.904  Personnel.--
809	(1)  The department shall employ patrol officers as
810	authorized by legislative appropriation, exclusive of those who
811	are assigned to and paid by special departments, and shall
812	establish the necessary supervisory ranks within the patrol to
813	efficiently supervise and carry out its functions and those of
814	the department in accordance with the personnel regulations of
815	the Department of Management Services. Management positions
816	shall not exceed 6 percent of the total workforce.
817	(2)  Each person who is employed as a patrol officer shall
818	be carried on a probationary status for the period of 1 year
819	from date of employment, during which period he or she may be
820	dismissed without recourse. Patrol officers when sent on special
821	detail or missions out of their regular assigned territories or
822	headquarters shall be reimbursed for travel expenses as provided
823	in s. 112.061.
824	Section 32.  Section 327.905, Florida Statutes, is created
825	to read:
826	327.905  Duties and powers of officers; rulemaking.--
827	(1)  The patrol officers are declared to be conservators of
828	the peace and law enforcement officers of the state, with the
829	common-law right to arrest a person who, in the presence of the
830	arresting officer, commits a felony or commits an affray or
831	breach of the peace constituting a misdemeanor, with full power
832	to bear arms; and they shall apprehend, without warrant, any
833	person in the unlawful commission of any of the acts over which
834	the officers of the patrol are given jurisdiction as hereinafter
835	set out and deliver him or her to the sheriff of the county
836	wherein such unlawful act occurred in order that further
837	proceedings may be had against him or her according to law. In
838	the performance of any of the powers, duties, and functions
839	authorized by law, patrol officers shall have the same
840	protections and immunities afforded other peace officers, which
841	shall be recognized by all courts having jurisdiction over
842	offenses against the laws of this state, and shall have
843	authority to apply for, serve, and execute search warrants,
844	arrest warrants, capias, and other process of the court in those
845	matters in which patrol officers have primary responsibility as
846	set forth in paragraph (2)(a).
847	(2)(a)  Patrol officers shall perform and exercise
848	throughout the state the duties, functions, and powers provided
849	in s. 20.60(3)(b) as required by the director.
850	(b)  In addition, patrol officers shall have all duties and
851	powers as provided for the officers of the Florida Highway
852	Patrol in s. 321.05(2) and (3).
853	Section 33.  Section 327.9065, Florida Statutes, is created
854	to read:
855	327.9065  Boating accident investigation officers.--The
856	department may employ boating accident investigation officers
857	who must complete any applicable standards adopted by the
858	patrol, including, but not limited to: cognitive testing, drug
859	testing, polygraph testing, psychological testing, and an
860	extensive background check, including a credit check.
861	Section 34.  Subsection (3) of section 337.406, Florida
862	Statutes, is amended to read:
863	337.406  Unlawful use of state transportation facility
864	right-of-way; penalties.--
865	(3)  The Department of Public Highway Safety and Motor
866	Vehicles and other law enforcement agencies are authorized and
867	directed to enforce this statute.
868	Section 35.  Subsection (2) of section 338.239, Florida
869	Statutes, is amended to read:
870	338.239  Traffic control on the turnpike system.--
871	(2)  Members of the Florida Highway Patrol are vested with
872	the power, and charged with the duty, to enforce the rules of
873	the department. Approved expenditures incurred by the Florida
874	Highway Patrol in carrying out its powers and duties under ss.
875	338.22-338.241 may be treated as a part of the cost of the
876	operation of the turnpike system, and the Department of Public
877	Highway Safety and Motor Vehicles shall be reimbursed by the
878	turnpike enterprise for such expenses incurred on the turnpike
879	system. Florida Highway Patrol Troop K shall be headquartered
880	with the turnpike enterprise and shall be the official and
881	preferred law enforcement troop for the turnpike system. The
882	Department of Public Highway Safety and Motor Vehicles may, upon
883	request of the executive director of the turnpike enterprise and
884	approval of the Legislature, increase the number of authorized
885	positions for Troop K, or the executive director of the turnpike
886	enterprise may contract with the Department of Public Highway
887	Safety and Motor Vehicles for additional troops to patrol the
888	turnpike system.
889	Section 36.  Subsection (1) of section 339.281, Florida
890	Statutes, is amended to read:
891	339.281  Damage to transportation facility by vessel;
892	marine accident report; investigative authorities; penalties.--
893	(1)  Whenever any vessel has caused damage to a
894	transportation facility, the managing owner, agent, or master of
895	such vessel shall immediately, or as soon thereafter as
896	possible, report the same to the nearest Fish and Wildlife
897	Conservation Commission officer, an officer of the Florida
898	Marine Patrol, the sheriff of the county wherein such accident
899	occurred, or the Florida Highway Patrol, who shall immediately
900	go to the scene of the accident and, if necessary, board the
901	vessel subsequent to the accident in pursuance of its
902	investigation. The law enforcement agency investigating the
903	accident shall submit a copy of its report to the department.
904	Section 37.  Subsection (4) of section 370.0603, Florida
905	Statutes, is amended to read:
906	370.0603  Marine Resources Conservation Trust Fund;
907	purposes.--
908	(4)  Funds transferred to the Marine Resources Conservation
909	Trust Fund from the Fuel Tax Collection Trust Fund pursuant to
910	s. 206.606 shall be used for the following purposes:
911	(a)  To provide additional water-related law enforcement
912	positions within the Fish and Wildlife Conservation Commission
913	primarily for the purpose of enforcing laws designed to protect
914	manatee populations. Law enforcement positions funded under this
915	provision shall be assigned to counties having the highest
916	incidence of manatee deaths and injuries.
917	(b)  For the placement of uniform waterway markers on state
918	waters.
919	(c)  To provide funding for construction and maintenance of
920	publicly owned boat ramps, piers, and docks, directly and
921	through grants to counties and municipalities.
922	(d)  To implement and administer programs related to
923	boating safety and education, manatee technical avoidance
924	technology, and economic development initiatives to promote
925	boating in the state, including competitive grants programs as
926	provided in s. 327.47.
927	(e)  For other activities of the Florida Marine Patrol
928	Boating and Waterways Section such as coordinating the
929	submission of state comments on boating-related events.
930
931	Funds not used in one fiscal year must be carried over for use
932	in subsequent years.
933	Section 38.  Paragraph (b) of subsection (2) of section
934	401.245, Florida Statutes, is amended to read:
935	401.245  Emergency Medical Services Advisory Council.--
936	(2)
937	(b)  Representation on the Emergency Medical Services
938	Advisory Council shall include: two licensed physicians who are
939	"medical directors" as defined in s. 401.23(15) or whose medical
940	practice is closely related to emergency medical services; two
941	emergency medical service administrators, one of whom is
942	employed by a fire service; two certified paramedics, one of
943	whom is employed by a fire service; two certified emergency
944	medical technicians, one of whom is employed by a fire service;
945	one emergency medical services educator; one emergency nurse;
946	one hospital administrator; one representative of air ambulance
947	services; one representative of a commercial ambulance operator;
948	and two laypersons who are in no way connected with emergency
949	medical services, one of whom is a representative of the
950	elderly. Ex officio members of the advisory council from state
951	agencies shall include, but shall not be limited to,
952	representatives from the Department of Education, the Department
953	of Management Services, the State Fire Marshal, the Department
954	of Public Highway Safety and Motor Vehicles, the Department of
955	Transportation, and the Department of Community Affairs.
956	Section 39.  Paragraph (c) of subsection (2) of section
957	403.413, Florida Statutes, is amended to read:
958	403.413  Florida Litter Law.--
959	(2)  DEFINITIONS.--As used in this section:
960	(c)  "Law enforcement officer" means any officer of the
961	Florida Highway Patrol, the Florida Marine Patrol, a county
962	sheriff's department, a municipal law enforcement department, a
963	law enforcement department of any other political subdivision,
964	the department, or the Fish and Wildlife Conservation
965	Commission. In addition, and solely for the purposes of this
966	section, "law enforcement officer" means any employee of a
967	county or municipal park or recreation department designated by
968	the department head as a litter enforcement officer.
969	Section 40.  Paragraph (d) of subsection (3) of section
970	790.25, Florida Statutes, is amended to read:
971	790.25  Lawful ownership, possession, and use of firearms
972	and other weapons.--
973	(3)  LAWFUL USES.--The provisions of ss. 790.053 and 790.06
974	do not apply in the following instances, and, despite such
975	sections, it is lawful for the following persons to own,
976	possess, and lawfully use firearms and other weapons,
977	ammunition, and supplies for lawful purposes:
978	(d)  Sheriffs, marshals, prison or jail wardens, police
979	officers, Florida Highway Patrol officers, Florida Marine Patrol
980	officers, game wardens, revenue officers, forest officials,
981	special officers appointed under the provisions of chapter 354,
982	and other peace and law enforcement officers and their deputies
983	and assistants and full-time paid peace officers of other states
984	and of the Federal Government who are carrying out official
985	duties while in this state;
986	Section 41.  Section 843.08, Florida Statutes, is amended
987	to read:
988	843.08  Falsely personating officer, etc.--A person who
989	falsely assumes or pretends to be a sheriff, officer of the
990	Florida Highway Patrol, officer of the Florida Marine Patrol,
991	officer of the Fish and Wildlife Conservation Commission,
992	officer of the Department of Environmental Protection, officer
993	of the Department of Transportation, officer of the Department
994	of Corrections, correctional probation officer, deputy sheriff,
995	state attorney or assistant state attorney, statewide prosecutor
996	or assistant statewide prosecutor, state attorney investigator,
997	coroner, police officer, lottery special agent or lottery
998	investigator, beverage enforcement agent, or watchman, or any
999	member of the Parole Commission and any administrative aide or
1000	supervisor employed by the commission, or any personnel or
1001	representative of the Department of Law Enforcement, and takes
1002	upon himself or herself to act as such, or to require any other
1003	person to aid or assist him or her in a matter pertaining to the
1004	duty of any such officer, commits a felony of the third degree,
1005	punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
1006	however, a person who falsely personates any such officer during
1007	the course of the commission of a felony commits a felony of the
1008	second degree, punishable as provided in s. 775.082, s. 775.083,
1009	or s. 775.084; except that if the commission of the felony
1010	results in the death or personal injury of another human being,
1011	the person commits a felony of the first degree, punishable as
1012	provided in s. 775.082, s. 775.083, or s. 775.084.
1013	Section 42.  Section 870.04, Florida Statutes, is amended
1014	to read:
1015	870.04  Specified officers to disperse riotous
1016	assembly.--If any number of persons, whether armed or not, are
1017	unlawfully, riotously or tumultuously assembled in any county,
1018	city or municipality, the sheriff or the sheriff's deputies, or
1019	the mayor, or any commissioner, council member, alderman or
1020	police officer of the said city or municipality, or any officer
1021	or member of the Florida Highway Patrol, any officer of the
1022	Florida Marine Patrol, or any officer or agent of the Fish and
1023	Wildlife Conservation Commission, Department of Environmental
1024	Protection, or beverage enforcement agent, any personnel or
1025	representatives of the Department of Law Enforcement or its
1026	successor, or any other peace officer, shall go among the
1027	persons so assembled, or as near to them as may be with safety,
1028	and shall in the name of the state command all the persons so
1029	assembled immediately and peaceably to disperse; and if such
1030	persons do not thereupon immediately and peaceably disperse,
1031	said officers shall command the assistance of all such persons
1032	in seizing, arresting and securing such persons in custody; and
1033	if any person present being so commanded to aid and assist in
1034	seizing and securing such rioter or persons so unlawfully
1035	assembled, or in suppressing such riot or unlawful assembly,
1036	refuses or neglects to obey such command, or, when required by
1037	such officers to depart from the place, refuses and neglects to
1038	do so, the person shall be deemed one of the rioters or persons
1039	unlawfully assembled, and may be prosecuted and punished
1040	accordingly.
1041	Section 43.  This act shall take effect July 1, 2006.

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