Florida Senate - 2017                                    SB 1248
       By Senator Steube
       23-01547-17                                           20171248__
    1                        A bill to be entitled                      
    2         An act relating to breach of the peace; amending s.
    3         877.03, F.S.; deleting provisions that provide
    4         criminal penalties for certain conduct constituting a
    5         breach of the peace; amending ss. 321.05 and 933.14,
    6         F.S.; conforming provisions to changes made by the
    7         act; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 877.03, Florida Statutes, is amended to
   12  read:
   13         877.03 Breach of the peace; Disorderly conduct.—Whoever
   14  commits such acts as are of a nature to corrupt the public
   15  morals, or outrage the sense of public decency, or affect the
   16  peace and quiet of persons who may witness them, or engages in
   17  brawling or fighting, or engages in such conduct as to
   18  constitute a breach of the peace or disorderly conduct, commits
   19  shall be guilty of a misdemeanor of the second degree,
   20  punishable as provided in s. 775.082 or s. 775.083.
   21         Section 2. Section 321.05, Florida Statutes, is amended to
   22  read:
   23         321.05 Duties, functions, and powers of patrol officers.
   24  The members of the Florida Highway Patrol are hereby declared to
   25  be conservators of the peace and law enforcement officers of the
   26  state, with the common-law right to arrest a person who, in the
   27  presence of the arresting officer, commits a felony or commits
   28  an affray or breach of the peace constituting a misdemeanor,
   29  with full power to bear arms; and they shall apprehend, without
   30  warrant, any person in the unlawful commission of any of the
   31  acts over which the members of the Florida Highway Patrol are
   32  given jurisdiction as hereinafter set out and deliver him or her
   33  to the sheriff of the county that further proceedings may be had
   34  against him or her according to law. In the performance of any
   35  of the powers, duties, and functions authorized by law, members
   36  of the Florida Highway Patrol have the same protections and
   37  immunities afforded other peace officers, which shall be
   38  recognized by all courts having jurisdiction over offenses
   39  against the laws of this state, and have authority to apply for,
   40  serve, and execute search warrants, arrest warrants, capias, and
   41  other process of the court. The patrol officers under the
   42  direction and supervision of the Department of Highway Safety
   43  and Motor Vehicles shall perform and exercise throughout the
   44  state the following duties, functions, and powers:
   45         (1) To patrol the state highways and regulate, control, and
   46  direct the movement of traffic thereon; to maintain the public
   47  peace by preventing violence on highways; to apprehend fugitives
   48  from justice; to enforce all laws regulating and governing
   49  traffic, travel, and public safety upon the public highways and
   50  providing for the protection of the public highways and public
   51  property thereon, including the security and safety of this
   52  state’s transportation infrastructure; to make arrests without
   53  warrant for the violation of any state law committed in their
   54  presence in accordance with state law; providing that no search
   55  may be made unless it is incident to a lawful arrest, to
   56  regulate and direct traffic concentrations and congestions; to
   57  enforce laws governing the operation, licensing, and taxing and
   58  limiting the size, weight, width, length, and speed of vehicles
   59  and licensing and controlling the operations of drivers and
   60  operators of vehicles, including the safety, size, and weight of
   61  commercial motor vehicles; to collect all state fees and
   62  revenues levied as an incident to the use or right to use the
   63  highways for any purpose, including the taxing and registration
   64  of commercial motor vehicles; to require the drivers of vehicles
   65  to stop and exhibit their driver licenses, registration cards,
   66  or documents required by law to be carried by such vehicles; to
   67  investigate traffic accidents, secure testimony of witnesses and
   68  of persons involved, and make report thereof with copy, if
   69  requested in writing, to any person in interest or his or her
   70  attorney; to investigate reported thefts of vehicles; and to
   71  seize contraband or stolen property on or being transported on
   72  the highways. Each patrol officer of the Florida Highway Patrol
   73  is subject to and has the same arrest and other authority
   74  provided for law enforcement officers generally in chapter 901
   75  and has statewide jurisdiction. Each officer also has arrest
   76  authority as provided for state law enforcement officers in s.
   77  901.15. This section does not conflict with, but is supplemental
   78  to, chapter 933.
   79         (2) To assist other constituted law enforcement officers of
   80  the state to quell mobs and riots, guard prisoners, and police
   81  disaster areas.
   82         (3)(a) To make arrests while in fresh pursuit of a person
   83  believed to have violated the traffic and other laws.
   84         (b) To make arrest of a person wanted for a felony or
   85  against whom a warrant has been issued on any charge in
   86  violation of federal, state, or county laws or municipal
   87  ordinances.
   88         (4)(a) All fines and costs and the proceeds of the
   89  forfeiture of bail bonds and recognizances resulting from the
   90  enforcement of this chapter by patrol officers shall be paid
   91  into the fine and forfeiture fund established pursuant to s.
   92  142.01 of the county where the offense is committed. In all
   93  cases of arrest by patrol officers, the person arrested shall be
   94  delivered forthwith by the officer to the sheriff of the county,
   95  or he or she shall obtain from the person arrested a
   96  recognizance or, if deemed necessary, a cash bond or other
   97  sufficient security conditioned for his or her appearance before
   98  the proper tribunal of the county to answer the charge for which
   99  he or she has been arrested; and all fees accruing shall be
  100  taxed against the party arrested, which fees are hereby declared
  101  to be part of the compensation of the sheriffs authorized to be
  102  fixed by the Legislature under s. 5(c), Art. II of the State
  103  Constitution, to be paid such sheriffs in the same manner as
  104  fees are paid for like services in other criminal cases. All
  105  patrol officers are hereby directed to deliver all bonds
  106  accepted and approved by them to the sheriff of the county in
  107  which the offense is alleged to have been committed. However, a
  108  sheriff shall not be paid any arrest fee for the arrest of a
  109  person for violation of any section of chapter 316 when the
  110  arresting officer was transported in a Florida Highway Patrol
  111  car to the vicinity where the arrest was made; and a sheriff
  112  shall not be paid any fee for mileage for himself or herself or
  113  a prisoner for miles traveled in a Florida Highway Patrol car. A
  114  patrol officer is not entitled to any fee or mileage cost except
  115  when responding to a subpoena in a civil cause or except when
  116  the patrol officer is appearing as an official witness to
  117  testify at any hearing or law action in any court of this state
  118  as a direct result of his or her employment as a patrol officer
  119  during time not compensated as a part of his or her normal
  120  duties. Nothing herein shall be construed as limiting the power
  121  to locate and to take from any person under arrest or about to
  122  be arrested deadly weapons. This section is not a limitation
  123  upon existing powers and duties of sheriffs or police officers.
  124         (b) Any person so arrested and released on his or her own
  125  recognizance by an officer and who fails to appear or respond to
  126  a notice to appear, in addition to the traffic violation charge,
  127  commits a noncriminal traffic infraction subject to the penalty
  128  provided in s. 318.18(2).
  129         (5) The department may employ or assign some fit and
  130  suitable person with experience in the field of public relations
  131  who shall promote, coordinate, and publicize the traffic safety
  132  activities in the state and assign such person to the office of
  133  the Governor at a salary to be fixed by the department. The
  134  person so assigned or employed shall be a member of the uniform
  135  division of the Florida Highway Patrol, and he or she shall have
  136  the pay and rank of lieutenant while on such assignment.
  137         (6) The Division of Florida Highway Patrol is authorized to
  138  adopt rules which may be necessary to implement the provisions
  139  of chapter 316.
  140         Section 3. Subsection (3) of section 933.14, Florida
  141  Statutes, is amended to read:
  142         933.14 Return of property taken under search warrant.—
  143         (3)No pistol or firearm taken by any officer with a search
  144  warrant or without a search warrant upon a view by the officer
  145  of a breach of the peace shall be returned except pursuant to an
  146  order of a trial court judge.
  147         Section 4. This act shall take effect upon becoming a law.