ENROLLED
       2015 Legislature                                   CS for SB 264
       
       
       
       
       
       
                                                              2015264er
    1  
    2         An act relating to traffic enforcement agencies and
    3         traffic citations; amending s. 316.640, F.S.;
    4         designating counties and municipalities as traffic
    5         enforcement agencies for purposes of the section and
    6         prohibiting them from establishing traffic citation
    7         quotas; amending s. 316.660, F.S.; requiring a county
    8         or municipality to submit a report of its traffic
    9         citation revenue and its expenses for operating a law
   10         enforcement agency during a fiscal year to the
   11         Legislative Auditing Committee under certain
   12         circumstances; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (a) of subsection (1) and subsection
   17  (8) of section 316.640, Florida Statutes, are amended to read:
   18         316.640 Enforcement.—The enforcement of the traffic laws of
   19  this state is vested as follows:
   20         (1) STATE.—
   21         (a)1.a. The Division of Florida Highway Patrol of the
   22  Department of Highway Safety and Motor Vehicles; the Division of
   23  Law Enforcement of the Fish and Wildlife Conservation
   24  Commission; and the agents, inspectors, and officers of the
   25  Department of Law Enforcement each have authority to enforce all
   26  of the traffic laws of this state on all the streets and
   27  highways thereof and elsewhere throughout the state wherever the
   28  public has a right to travel by motor vehicle.
   29         b. University police officers may enforce all of the
   30  traffic laws of this state when violations occur on or within
   31  1,000 feet of any property or facilities that are under the
   32  guidance, supervision, regulation, or control of a state
   33  university, a direct-support organization of such state
   34  university, or any other organization controlled by the state
   35  university or a direct-support organization of the state
   36  university, or when such violations occur within a specified
   37  jurisdictional area as agreed upon in a mutual aid agreement
   38  entered into with a law enforcement agency pursuant to s.
   39  23.1225(1). Traffic laws may also be enforced off-campus when
   40  hot pursuit originates on or within 1,000 feet of any such
   41  property or facilities, or as agreed upon in accordance with the
   42  mutual aid agreement.
   43         c. Florida College System institution police officers may
   44  enforce all the traffic laws of this state only when such
   45  violations occur on or within 1,000 feet of any property or
   46  facilities that are under the guidance, supervision, regulation,
   47  or control of the Florida College System institution, or when
   48  such violations occur within a specified jurisdictional area as
   49  agreed upon in a mutual aid agreement entered into with a law
   50  enforcement agency pursuant to s. 23.1225. Traffic laws may also
   51  be enforced off-campus when hot pursuit originates on or within
   52  1,000 feet of any such property or facilities, or as agreed upon
   53  in accordance with the mutual aid agreement.
   54         d. Police officers employed by an airport authority may
   55  enforce all of the traffic laws of this state only when such
   56  violations occur on any property or facilities that are owned or
   57  operated by an airport authority.
   58         (I) An airport authority may employ as a parking
   59  enforcement specialist any individual who successfully completes
   60  a training program established and approved by the Criminal
   61  Justice Standards and Training Commission for parking
   62  enforcement specialists but who does not otherwise meet the
   63  uniform minimum standards established by the commission for law
   64  enforcement officers or auxiliary or part-time officers under s.
   65  943.12. This sub-sub-subparagraph may not be construed to permit
   66  the carrying of firearms or other weapons, nor shall such
   67  parking enforcement specialist have arrest authority.
   68         (II) A parking enforcement specialist employed by an
   69  airport authority may enforce all state, county, and municipal
   70  laws and ordinances governing parking only when such violations
   71  are on property or facilities owned or operated by the airport
   72  authority employing the specialist, by appropriate state,
   73  county, or municipal traffic citation.
   74         e. The Office of Agricultural Law Enforcement of the
   75  Department of Agriculture and Consumer Services may enforce
   76  traffic laws of this state.
   77         f. School safety officers may enforce all of the traffic
   78  laws of this state when such violations occur on or about any
   79  property or facilities that are under the guidance, supervision,
   80  regulation, or control of the district school board.
   81         2. An agency of the state as described in subparagraph 1.
   82  is prohibited from establishing a traffic citation quota. A
   83  violation of this subparagraph is not subject to the penalties
   84  provided in chapter 318.
   85         2.3. Any disciplinary action taken or performance
   86  evaluation conducted by an agency of the state as described in
   87  subparagraph 1. of a law enforcement officer’s traffic
   88  enforcement activity must be in accordance with written work
   89  performance standards. Such standards must be approved by the
   90  agency and any collective bargaining unit representing such law
   91  enforcement officer. A violation of this subparagraph is not
   92  subject to the penalties provided in chapter 318.
   93         3.4. The Division of the Florida Highway Patrol may employ
   94  as a traffic accident investigation officer any individual who
   95  successfully completes instruction in traffic accident
   96  investigation and court presentation through the Selective
   97  Traffic Enforcement Program as approved by the Criminal Justice
   98  Standards and Training Commission and funded through the
   99  National Highway Traffic Safety Administration or a similar
  100  program approved by the commission, but who does not necessarily
  101  meet the uniform minimum standards established by the commission
  102  for law enforcement officers or auxiliary law enforcement
  103  officers under chapter 943. Any such traffic accident
  104  investigation officer who makes an investigation at the scene of
  105  a traffic accident may issue traffic citations, based upon
  106  personal investigation, when he or she has reasonable and
  107  probable grounds to believe that a person who was involved in
  108  the accident committed an offense under this chapter, chapter
  109  319, chapter 320, or chapter 322 in connection with the
  110  accident. This subparagraph does not permit the officer to carry
  111  firearms or other weapons, and such an officer does not have
  112  authority to make arrests.
  113         (8) TRAFFIC ENFORCEMENT AGENCY.—
  114         (a) Any agency or governmental entity designated in
  115  subsection (1), subsection (2), or subsection (3), including a
  116  university, a Florida College System institution, a school
  117  board, or an airport authority, is a traffic enforcement agency
  118  for purposes of this section and s. 316.650.
  119         (b) A traffic enforcement agency may not establish a
  120  traffic citation quota.
  121         Section 2. Section 316.660, Florida Statutes, is amended to
  122  read:
  123         316.660 Disposition of fines and forfeitures collected for
  124  violations; reporting requirement.—
  125         (1) Except as otherwise provided by law, all fines and
  126  forfeitures received by any county court from violations of any
  127  of the provisions of this chapter, or from violations of any
  128  ordinances adopting matter covered by this chapter, must be paid
  129  and distributed as provided in s. 318.21.
  130         (2) If the total revenue from traffic citations that a
  131  county or municipality receives in a fiscal year exceeds 33
  132  percent of the total expenses that the county or municipality
  133  incurs to operate a law enforcement agency in the same fiscal
  134  year, the county or municipality shall submit a report to the
  135  Legislative Auditing Committee detailing its total revenue from
  136  traffic citations and its total expenses for law enforcement
  137  within 6 months after the end of the fiscal year.
  138         Section 3. This act shall take effect July 1, 2015.