Florida Senate - 2011                (Corrected Copy)    SB 1434
       By Senator Latvala
       16-00620C-11                                          20111434__
    1                        A bill to be entitled                      
    2         An act relating to the Office of Motor Carrier
    3         Compliance; transferring the Office of Motor Carrier
    4         Compliance from the Department of Transportation to
    5         the Division of the Florida Highway Patrol in the
    6         Department of Highway Safety and Motor Vehicles;
    7         amending ss. 110.205, 311.115, 316.3026, and 334.044,
    8         F.S.; conforming provisions to changes made by the
    9         act; creating the Law Enforcement Consolidation Task
   10         Force; providing for membership; requiring the task
   11         force to make recommendations and submit a report to
   12         the Legislature by a certain date; providing for
   13         future expiration; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. The Office of Motor Carrier Compliance of the
   18  Department of Transportation is transferred by a type two
   19  transfer, as defined in s. 20.06(2), Florida Statutes, to the
   20  Division of the Florida Highway Patrol of the Department of
   21  Highway Safety and Motor Vehicles.
   22         Section 2. Paragraph (m) of subsection (2) of section
   23  110.205, Florida Statutes, is amended to read:
   24         110.205 Career service; exemptions.—
   25         (2) EXEMPT POSITIONS.—The exempt positions that are not
   26  covered by this part include the following:
   27         (m) All assistant division director, deputy division
   28  director, and bureau chief positions in any department, and
   29  those positions determined by the department to have managerial
   30  responsibilities comparable to such positions, which positions
   31  include, but are not limited to:
   32         1. Positions in the Department of Health and the Department
   33  of Children and Family Services that are assigned primary duties
   34  of serving as the superintendent or assistant superintendent of
   35  an institution.
   36         2. Positions in the Department of Corrections that are
   37  assigned primary duties of serving as the warden, assistant
   38  warden, colonel, or major of an institution or that are assigned
   39  primary duties of serving as the circuit administrator or deputy
   40  circuit administrator.
   41         3. Positions in the Department of Transportation that are
   42  assigned primary duties of serving as regional toll managers and
   43  managers of offices, as defined in s. 20.23(4)(b) and (5)(c),
   44  and captains and majors of the Office of Motor Carrier
   45  Compliance.
   46         4. Positions in the Department of Environmental Protection
   47  that are assigned the duty of an Environmental Administrator or
   48  program administrator.
   49         5. Positions in the Department of Health that are assigned
   50  the duties of Environmental Administrator, Assistant County
   51  Health Department Director, and County Health Department
   52  Financial Administrator.
   54  Unless otherwise fixed by law, the department shall set the
   55  salary and benefits of the positions listed in this paragraph in
   56  accordance with the rules established for the Selected Exempt
   57  Service.
   58         Section 3. Paragraph (f) of subsection (1) of section
   59  311.115, Florida Statutes, is amended to read:
   60         311.115 Seaport Security Standards Advisory Council.—The
   61  Seaport Security Standards Advisory Council is created under the
   62  Office of Drug Control. The council shall serve as an advisory
   63  council as provided in s. 20.03(7).
   64         (1) The members of the council shall be appointed by the
   65  Governor and consist of the following:
   66         (f) One member from the Office of Motor Carrier Compliance
   67  of the Department of Highway Safety and Motor Vehicles
   68  Transportation.
   69         Section 4. Subsection (1) of section 316.3026, Florida
   70  Statutes, is amended to read:
   71         316.3026 Unlawful operation of motor carriers.—
   72         (1) The Office of Motor Carrier Compliance of the
   73  Department of Transportation may issue out-of-service orders to
   74  motor carriers, as defined in s. 320.01(33), who, have after
   75  proper notice, have failed to pay any penalty or fine assessed
   76  by the department, or its agent, against any owner or motor
   77  carrier for violations of state law, refused to submit to a
   78  compliance review and provide records pursuant to s. 316.302(5)
   79  or s. 316.70, or violated safety regulations pursuant to s.
   80  316.302 or insurance requirements found in s. 627.7415. Such
   81  out-of-service orders shall have the effect of prohibiting the
   82  operations of any motor vehicles owned, leased, or otherwise
   83  operated by the motor carrier upon the roadways of this state,
   84  until such time as the violations have been corrected or
   85  penalties have been paid. Out-of-service orders issued under
   86  this section must be approved by the director of the Division of
   87  the Florida Highway Patrol Secretary of Transportation or his or
   88  her designee. An administrative hearing pursuant to s. 120.569
   89  shall be afforded to motor carriers subject to such orders.
   90         Section 5. Subsection (1) of section 321.05, Florida
   91  Statutes, is amended to read:
   92         321.05 Duties, functions, and powers of patrol officers.
   93  The members of the Florida Highway Patrol are hereby declared to
   94  be conservators of the peace and law enforcement officers of the
   95  state, with the common-law right to arrest a person who, in the
   96  presence of the arresting officer, commits a felony or commits
   97  an affray or breach of the peace constituting a misdemeanor,
   98  with full power to bear arms; and they shall apprehend, without
   99  warrant, any person in the unlawful commission of any of the
  100  acts over which the members of the Florida Highway Patrol are
  101  given jurisdiction as hereinafter set out and deliver him or her
  102  to the sheriff of the county that further proceedings may be had
  103  against him or her according to law. In the performance of any
  104  of the powers, duties, and functions authorized by law, members
  105  of the Florida Highway Patrol have the same protections and
  106  immunities afforded other peace officers, which shall be
  107  recognized by all courts having jurisdiction over offenses
  108  against the laws of this state, and have authority to apply for,
  109  serve, and execute search warrants, arrest warrants, capias, and
  110  other process of the court. The patrol officers under the
  111  direction and supervision of the Department of Highway Safety
  112  and Motor Vehicles shall perform and exercise throughout the
  113  state the following duties, functions, and powers:
  114         (1) To patrol the state highways and regulate, control, and
  115  direct the movement of traffic thereon; to maintain the public
  116  peace by preventing violence on highways; to apprehend fugitives
  117  from justice; to enforce all laws now in effect regulating and
  118  governing traffic, travel, and public safety upon the public
  119  highways and providing for the protection of the public highways
  120  and public property thereon, including the security and safety
  121  of Florida’s transportation infrastructure; to make arrests
  122  without warrant for the violation of any state law committed in
  123  their presence in accordance with the laws of this state law;
  124  providing that a no search may not shall be made unless it is
  125  incident to a lawful arrest, to regulate and direct traffic
  126  concentrations and congestions; to enforce laws governing the
  127  operation, licensing, and taxing and limiting the size, weight,
  128  width, length, and speed of vehicles and licensing and
  129  controlling the operations of drivers and operators of vehicles,
  130  including the safety, size, and weight of commercial motor
  131  vehicles; to cooperate with officials designated by law to
  132  collect all state fees and revenues levied as an incident to the
  133  use or right to use the highways for any purpose, including the
  134  taxing and registration of commercial motor vehicles; to require
  135  the drivers of vehicles to stop and exhibit their driver’s
  136  licenses, registration cards, or documents required by law to be
  137  carried by such vehicles; to investigate traffic accidents,
  138  secure testimony of witnesses and of persons involved, and make
  139  report thereof with copy, if when requested in writing, to any
  140  person in interest or his or her attorney; to investigate
  141  reported thefts of vehicles and to seize contraband or stolen
  142  property on or being transported on the highways. Each patrol
  143  officer of the Florida Highway Patrol is subject to and has the
  144  same arrest and other authority provided for law enforcement
  145  officers generally in chapter 901 and has statewide
  146  jurisdiction. Each officer also has arrest authority as provided
  147  for state law enforcement officers in s. 901.15. This section
  148  may shall not be construed as being in conflict with, but is
  149  supplemental to, chapter 933.
  150         Section 6. Subsections (32) and (33) of section 334.044,
  151  Florida Statutes, are amended to read:
  152         334.044 Department; powers and duties.—The department shall
  153  have the following general powers and duties:
  154         (32) In order to fulfill the department’s mission to
  155  provide a safe and efficient transportation system, the
  156  department’s Office of Motor Carrier Compliance may employ sworn
  157  law enforcement officers, certified in accordance with chapter
  158  943, to enforce the traffic and criminal laws of this state.
  159  Such officers shall have full law enforcement powers granted to
  160  other peace officers of this state, including making arrests,
  161  carrying firearms, serving court process, and seizing vehicles
  162  defined as contraband under s. 319.33, illegal drugs, stolen
  163  property, and the proceeds of illegal activities. Officers
  164  appointed under this section have the primary responsibility for
  165  enforcing laws relating to size and weight of commercial motor
  166  vehicles; safety, traffic, tax, and registration of commercial
  167  motor vehicles; interdiction of vehicles defined as contraband
  168  under s. 319.33, illegal drugs, and stolen property; and
  169  violations that threaten the overall security and safety of
  170  Florida’s transportation infrastructure and the motoring public.
  171  The office is also authorized to appoint part-time or auxiliary
  172  law enforcement officers pursuant to chapter 943 and to provide
  173  compensation in accordance with law.
  174         (32)(33) To enter into agreement with Space Florida to
  175  coordinate and cooperate in the development of spaceport
  176  infrastructure and related transportation facilities contained
  177  in the Strategic Intermodal System Plan and, where appropriate,
  178  encourage the cooperation and integration of airports and
  179  spaceports in order to meet transportation-related needs.
  180         Section 7. Effective July 1, 2011, a Law Enforcement
  181  Consolidation Task Force is created.
  182         (1) Members of the task force shall consist of the
  183  executive director of the Department of Highway Safety and Motor
  184  Vehicles, the executive director of the Department of Law
  185  Enforcement, a representative from the Office of the Attorney
  186  General, a representative from the Department of Agriculture and
  187  Consumer Services, the Colonel of the Florida Highway Patrol,
  188  and the Colonel of the Division of Law Enforcement in the Fish
  189  and Wildlife Conservation Commission.
  190         (2) The task force may consult with the Florida Sheriffs
  191  Association and the Florida Police Chiefs Association.
  192  Administrative assistance to the task force shall be provided by
  193  the Department of Highway Safety and Motor Vehicles. However,
  194  this does not include travel expenses incurred by members of the
  195  task force, which shall be borne by the agency the member
  196  represents.
  197         (3) The task force shall evaluate the duplication of law
  198  enforcement functions throughout state government and identify
  199  functions that are appropriate for possible consolidation. The
  200  task force shall also evaluate administrative functions,
  201  including, but not limited to, accreditation, training, legal
  202  representation, vehicle fleets, aircraft, civilian support
  203  staffing, information technology, geographic regions, and
  204  districts or troops currently in use. The task force shall make
  205  recommendations and submit a plan to consolidate state law
  206  enforcement responsibilities. The plan must be submitted to the
  207  President of the Senate and the Speaker of the House of
  208  Representatives by February 1, 2012. The plan must include
  209  recommendations on the methodology to be used in creating a
  210  consolidated state law enforcement entity by June 30, 2013. The
  211  task force shall expire June 30, 2012.
  212         Section 8. This act shall take effect July 1, 2011.