Florida Senate - 2018                                     SB 490
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00405-18                                            2018490__
    1                        A bill to be entitled                      
    2         An act relating to health care providers; amending s.
    3         784.07, F.S.; defining the term “health care
    4         provider”; providing for offense reclassification if a
    5         person is charged with knowingly committing an assault
    6         or a battery upon a health care provider; amending ss.
    7         901.15 and 985.644, F.S.; conforming provisions to
    8         changes made by the act; reenacting ss. 775.0877(1),
    9         794.056(1), 921.0022(3)(d), 938.08, and 938.085, F.S.,
   10         relating to the criminal transmission of HIV, the Rape
   11         Crisis Program Trust Fund, level 4 of the offense
   12         severity ranking chart, additional cost to fund
   13         programs in domestic violence, and an additional cost
   14         to fund rape crisis centers, respectively, to
   15         incorporate the amendment made to s. 784.07, F.S., in
   16         references thereto; reenacting and amending s.
   17         943.051(3)(b), F.S.; making a technical change;
   18         reenacting ss. 20.165(9)(b), 321.05(1), and 570.65(2),
   19         F.S., all relating to the arrest authority provided
   20         for state law enforcement officers under s. 901.15,
   21         F.S., to incorporate the amendment made to s. 901.15,
   22         F.S., in references thereto; providing an effective
   23         date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 784.07, Florida Statutes, is amended to
   28  read:
   29         784.07 Assault or battery of law enforcement officers,
   30  firefighters, emergency medical care providers, health care
   31  providers, public transit employees or agents, or other
   32  specified officers; reclassification of offenses; minimum
   33  sentences.—
   34         (1) As used in this section, the term:
   35         (a) “Emergency medical care provider” means an ambulance
   36  driver, emergency medical technician, paramedic, registered
   37  nurse, physician as defined in s. 401.23, medical director as
   38  defined in s. 401.23, or any person authorized by an emergency
   39  medical service licensed under chapter 401 who is engaged in the
   40  performance of his or her duties. The term “emergency medical
   41  care provider” also includes physicians, employees, agents, or
   42  volunteers of hospitals as defined in chapter 395, who are
   43  employed, under contract, or otherwise authorized by a hospital
   44  to perform duties directly associated with the care and
   45  treatment rendered by the hospital’s emergency department or the
   46  security thereof.
   47         (b) “Firefighter” means any person employed by any public
   48  employer of this state whose duty it is to extinguish fires; to
   49  protect life or property; or to enforce municipal, county, and
   50  state fire prevention codes, as well as any law pertaining to
   51  the prevention and control of fires.
   52         (c) “Health care provider” means a physician, a registered
   53  nurse, an employee, an agent, or a volunteer of a hospital who
   54  is employed by, under contract with, or otherwise authorized by
   55  a hospital to perform duties directly associated with the care
   56  and treatment rendered by the hospital.
   57         (d)(c) “Law enforcement explorer” means any person who is a
   58  current member of a law enforcement agency’s explorer program
   59  and who is performing functions other than those required to be
   60  performed by sworn law enforcement officers on behalf of a law
   61  enforcement agency while under the direct physical supervision
   62  of a sworn officer of that agency and wearing a uniform that
   63  bears at least one patch that clearly identifies the law
   64  enforcement agency that he or she represents.
   65         (e)(d) “Law enforcement officer” includes a law enforcement
   66  officer, a correctional officer, a correctional probation
   67  officer, a part-time law enforcement officer, a part-time
   68  correctional officer, an auxiliary law enforcement officer, and
   69  an auxiliary correctional officer, as those terms are
   70  respectively defined in s. 943.10, and any county probation
   71  officer; an employee or agent of the Department of Corrections
   72  who supervises or provides services to inmates; an officer of
   73  the Florida Commission on Offender Review; a federal law
   74  enforcement officer as defined in s. 901.1505; and law
   75  enforcement personnel of the Fish and Wildlife Conservation
   76  Commission or the Department of Law Enforcement.
   77         (f)(e) “Public transit employees or agents” means bus
   78  operators, train operators, revenue collectors, security
   79  personnel, equipment maintenance personnel, or field
   80  supervisors, who are employees or agents of a transit agency as
   81  described in s. 812.015(1)(l).
   82         (g)(f) “Railroad special officer” means a person employed
   83  by a Class I, Class II, or Class III railroad and appointed or
   84  pending appointment by the Governor pursuant to s. 354.01.
   85         (2) Whenever any person is charged with knowingly
   86  committing an assault or a battery upon a law enforcement
   87  officer, a firefighter, an emergency medical care provider, a
   88  health care provider, a railroad special officer, a traffic
   89  accident investigation officer as described in s. 316.640, a
   90  nonsworn law enforcement agency employee who is certified as an
   91  agency inspector, a blood alcohol analyst, or a breath test
   92  operator while such employee is in uniform and engaged in
   93  processing, testing, evaluating, analyzing, or transporting a
   94  person who is detained or under arrest for DUI, a law
   95  enforcement explorer, a traffic infraction enforcement officer
   96  as described in s. 316.640, a parking enforcement specialist as
   97  defined in s. 316.640, a person licensed as a security officer
   98  as defined in s. 493.6101 and wearing a uniform that bears at
   99  least one patch or emblem that is visible at all times that
  100  clearly identifies the employing agency and that clearly
  101  identifies the person as a licensed security officer, or a
  102  security officer employed by the board of trustees of a
  103  community college, while the officer, firefighter, emergency
  104  medical care provider, health care provider, railroad special
  105  officer, traffic accident investigation officer, traffic
  106  infraction enforcement officer, inspector, analyst, operator,
  107  law enforcement explorer, parking enforcement specialist, public
  108  transit employee or agent, or security officer is engaged in the
  109  lawful performance of his or her duties, the offense for which
  110  the person is charged shall be reclassified as follows:
  111         (a) In the case of assault, from a misdemeanor of the
  112  second degree to a misdemeanor of the first degree.
  113         (b) In the case of battery, from a misdemeanor of the first
  114  degree to a felony of the third degree.
  115         (c) In the case of aggravated assault, from a felony of the
  116  third degree to a felony of the second degree. Notwithstanding
  117  any other provision of law, any person convicted of aggravated
  118  assault upon a law enforcement officer shall be sentenced to a
  119  minimum term of imprisonment of 3 years.
  120         (d) In the case of aggravated battery, from a felony of the
  121  second degree to a felony of the first degree. Notwithstanding
  122  any other provision of law, any person convicted of aggravated
  123  battery of a law enforcement officer shall be sentenced to a
  124  minimum term of imprisonment of 5 years.
  125         (3) Any person who is convicted of a battery under
  126  paragraph (2)(b) and, during the commission of the offense, such
  127  person possessed:
  128         (a) A “firearm” or “destructive device,” as those terms are
  129  defined in s. 790.001, shall be sentenced to a minimum term of
  130  imprisonment of 3 years.
  131         (b) A semiautomatic firearm and its high-capacity
  132  detachable box magazine, as defined in s. 775.087(3), or a
  133  machine gun, as defined in s. 790.001, shall be sentenced to a
  134  minimum term of imprisonment of 8 years.
  135  
  136  Notwithstanding s. 948.01, adjudication of guilt or imposition
  137  of sentence shall not be suspended, deferred, or withheld, and
  138  the defendant is not eligible for statutory gain-time under s.
  139  944.275 or any form of discretionary early release, other than
  140  pardon or executive clemency, or conditional medical release
  141  under s. 947.149, prior to serving the minimum sentence.
  142         Section 2. Subsection (15) of section 901.15, Florida
  143  Statutes, is amended to read:
  144         901.15 When arrest by officer without warrant is lawful.—A
  145  law enforcement officer may arrest a person without a warrant
  146  when:
  147         (15) There is probable cause to believe that the person has
  148  committed assault upon a law enforcement officer, a firefighter,
  149  an emergency medical care provider, a health care provider,
  150  public transit employees or agents, or other specified officers
  151  as set forth in s. 784.07 or has committed assault or battery
  152  upon any employee of a receiving facility as defined in s.
  153  394.455 who is engaged in the lawful performance of his or her
  154  duties.
  155         Section 3. Paragraph (a) of subsection (3) of section
  156  985.644, Florida Statutes, is amended to read:
  157         985.644 Departmental contracting powers; personnel
  158  standards and investigation.—
  159         (3)(a) All employees of the department and all personnel of
  160  contract providers for any program for children, including all
  161  owners, operators, employees, persons who have access to
  162  confidential juvenile records, and volunteers, must complete:
  163         1. A level 2 employment screening pursuant to chapter 435
  164  before employment. The security background investigation
  165  conducted under this section must ensure that, in addition to
  166  the disqualifying offenses listed in s. 435.04, no person
  167  subject to the background screening provisions of this section
  168  has an arrest awaiting final disposition for, been found guilty
  169  of, regardless of adjudication, or entered a plea of nolo
  170  contendere or guilty to, or been adjudicated delinquent and the
  171  record has not been sealed or expunged for, any offense
  172  prohibited under the following provisions of state law or
  173  similar laws of another jurisdiction:
  174         a. Section 784.07, relating to assault or battery of law
  175  enforcement officers, firefighters, emergency medical care
  176  providers, health care providers, public transit employees or
  177  agents, or other specified officers.
  178         b. Section 817.568, relating to criminal use of personal
  179  identification information.
  180         2. A national criminal records check by the Federal Bureau
  181  of Investigation every 5 years following the date of the
  182  person’s employment.
  183         Section 4. For the purpose of incorporating the amendment
  184  made by this act to section 784.07, Florida Statutes, in a
  185  reference thereto, subsection (1) of section 775.0877, Florida
  186  Statutes, is reenacted to read:
  187         775.0877 Criminal transmission of HIV; procedures;
  188  penalties.—
  189         (1) In any case in which a person has been convicted of or
  190  has pled nolo contendere or guilty to, regardless of whether
  191  adjudication is withheld, any of the following offenses, or the
  192  attempt thereof, which offense or attempted offense involves the
  193  transmission of body fluids from one person to another:
  194         (a) Section 794.011, relating to sexual battery;
  195         (b) Section 826.04, relating to incest;
  196         (c) Section 800.04, relating to lewd or lascivious offenses
  197  committed upon or in the presence of persons less than 16 years
  198  of age;
  199         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  200  relating to assault;
  201         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  202  relating to aggravated assault;
  203         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  204  relating to battery;
  205         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  206  relating to aggravated battery;
  207         (h) Section 827.03(2)(c), relating to child abuse;
  208         (i) Section 827.03(2)(a), relating to aggravated child
  209  abuse;
  210         (j) Section 825.102(1), relating to abuse of an elderly
  211  person or disabled adult;
  212         (k) Section 825.102(2), relating to aggravated abuse of an
  213  elderly person or disabled adult;
  214         (l) Section 827.071, relating to sexual performance by
  215  person less than 18 years of age;
  216         (m) Sections 796.07 and 796.08, relating to prostitution;
  217         (n) Section 381.0041(11)(b), relating to donation of blood,
  218  plasma, organs, skin, or other human tissue; or
  219         (o) Sections 787.06(3)(b), (d), (f), and (g), relating to
  220  human trafficking,
  221  
  222  the court shall order the offender to undergo HIV testing, to be
  223  performed under the direction of the Department of Health in
  224  accordance with s. 381.004, unless the offender has undergone
  225  HIV testing voluntarily or pursuant to procedures established in
  226  s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
  227  rule providing for HIV testing of criminal offenders or inmates,
  228  subsequent to her or his arrest for an offense enumerated in
  229  paragraphs (a)-(n) for which she or he was convicted or to which
  230  she or he pled nolo contendere or guilty. The results of an HIV
  231  test performed on an offender pursuant to this subsection are
  232  not admissible in any criminal proceeding arising out of the
  233  alleged offense.
  234         Section 5. For the purpose of incorporating the amendment
  235  made by this act to section 784.07, Florida Statutes, in a
  236  reference thereto, subsection (1) of section 794.056, Florida
  237  Statutes, is reenacted to read:
  238         794.056 Rape Crisis Program Trust Fund.—
  239         (1) The Rape Crisis Program Trust Fund is created within
  240  the Department of Health for the purpose of providing funds for
  241  rape crisis centers in this state. Trust fund moneys shall be
  242  used exclusively for the purpose of providing services for
  243  victims of sexual assault. Funds credited to the trust fund
  244  consist of those funds collected as an additional court
  245  assessment in each case in which a defendant pleads guilty or
  246  nolo contendere to, or is found guilty of, regardless of
  247  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  248  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  249  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  250  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  251  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  252  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
  253  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  254  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  255  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  256  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  257  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  258  fund also shall include revenues provided by law, moneys
  259  appropriated by the Legislature, and grants from public or
  260  private entities.
  261         Section 6. For the purpose of incorporating the amendment
  262  made by this act to section 784.07, Florida Statutes, in a
  263  reference thereto, paragraph (d) of subsection (3) of section
  264  921.0022, Florida Statutes, is reenacted to read:
  265         921.0022 Criminal Punishment Code; offense severity ranking
  266  chart.—
  267         (3) OFFENSE SEVERITY RANKING CHART
  268         (d) LEVEL 4
  269  
  270  FloridaStatute              FelonyDegree        Description        
  271  316.1935(3)(a)                   2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  272  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  273  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  274  517.07(1)                        3rd     Failure to register securities.
  275  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  276  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  277  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  278  784.075                          3rd     Battery on detention or commitment facility staff.
  279  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  280  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  281  784.081(3)                       3rd     Battery on specified official or employee.
  282  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  283  784.083(3)                       3rd     Battery on code inspector.
  284  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  285  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  286  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  287  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  288  787.07                           3rd     Human smuggling.          
  289  790.115(1)                       3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  290  790.115(2)(b)                    3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  291  790.115(2)(c)                    3rd     Possessing firearm on school property.
  292  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  293  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  294  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  295  810.06                           3rd     Burglary; possession of tools.
  296  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  297  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  298  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  299  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  300  817.505(4)(a)                    3rd     Patient brokering.        
  301  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  302  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  303  817.625(2)(a)                    3rd     Fraudulent use of scanning device, skimming device, or reencoder.
  304  817.625(2)(c)                    3rd     Possess, sell, or deliver skimming device.
  305  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  306  837.02(1)                        3rd     Perjury in official proceedings.
  307  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  308  838.022                          3rd     Official misconduct.      
  309  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  310  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  311  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  312  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  313  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  314  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  315  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  316  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  317  914.14(2)                        3rd     Witnesses accepting bribes.
  318  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  319  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  320  918.12                           3rd     Tampering with jurors.    
  321  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  322         Section 7. For the purpose of incorporating the amendment
  323  made by this act to section 784.07, Florida Statutes, in a
  324  reference thereto, section 938.08, Florida Statutes, is
  325  reenacted to read:
  326         938.08 Additional cost to fund programs in domestic
  327  violence.—In addition to any sanction imposed for a violation of
  328  s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
  329  784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
  330  784.083, s. 784.085, s. 794.011, or for any offense of domestic
  331  violence described in s. 741.28, the court shall impose a
  332  surcharge of $201. Payment of the surcharge shall be a condition
  333  of probation, community control, or any other court-ordered
  334  supervision. The sum of $85 of the surcharge shall be deposited
  335  into the Domestic Violence Trust Fund established in s. 741.01.
  336  The clerk of the court shall retain $1 of each surcharge that
  337  the clerk of the court collects as a service charge of the
  338  clerk’s office. The remainder of the surcharge shall be provided
  339  to the governing board of the county and must be used only to
  340  defray the costs of incarcerating persons sentenced under s.
  341  741.283 and provide additional training to law enforcement
  342  personnel in combating domestic violence.
  343         Section 8. For the purpose of incorporating the amendment
  344  made by this act to section 784.07, Florida Statutes, in a
  345  reference thereto, section 938.085, Florida Statutes, is
  346  reenacted to read:
  347         938.085 Additional cost to fund rape crisis centers.—In
  348  addition to any sanction imposed when a person pleads guilty or
  349  nolo contendere to, or is found guilty of, regardless of
  350  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  351  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  352  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  353  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  354  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
  355  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
  356  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  357  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  358  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  359  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  360  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  361  $151. Payment of the surcharge shall be a condition of
  362  probation, community control, or any other court-ordered
  363  supervision. The sum of $150 of the surcharge shall be deposited
  364  into the Rape Crisis Program Trust Fund established within the
  365  Department of Health by chapter 2003-140, Laws of Florida. The
  366  clerk of the court shall retain $1 of each surcharge that the
  367  clerk of the court collects as a service charge of the clerk’s
  368  office.
  369         Section 9. For the purpose of incorporating the amendment
  370  made by this act to section 784.07, Florida Statutes, in a
  371  reference thereto, paragraph (b) of subsection (3) of section
  372  943.051, Florida Statutes, is reenacted and amended to read:
  373         943.051 Criminal justice information; collection and
  374  storage; fingerprinting.—
  375         (3)
  376         (b) A minor who is charged with or found to have committed
  377  the following offenses shall be fingerprinted and the
  378  fingerprints shall be submitted electronically to the
  379  department, unless the minor is issued a civil citation pursuant
  380  to s. 985.12:
  381         1. Assault, as defined in s. 784.011.
  382         2. Battery, as defined in s. 784.03.
  383         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  384         4. Unlawful use of destructive devices or bombs, as defined
  385  in s. 790.1615(1).
  386         5. Neglect of a child, as defined in s. 827.03(1)(e).
  387         6. Assault or battery on a law enforcement officer, a
  388  firefighter, or other specified officers, as provided defined in
  389  s. 784.07(2)(a) and (b).
  390         7. Open carrying of a weapon, as defined in s. 790.053.
  391         8. Exposure of sexual organs, as defined in s. 800.03.
  392         9. Unlawful possession of a firearm, as defined in s.
  393  790.22(5).
  394         10. Petit theft, as defined in s. 812.014(3).
  395         11. Cruelty to animals, as defined in s. 828.12(1).
  396         12. Arson, as defined in s. 806.031(1).
  397         13. Unlawful possession or discharge of a weapon or firearm
  398  at a school-sponsored event or on school property, as provided
  399  in s. 790.115.
  400         Section 10. For the purpose of incorporating the amendment
  401  made by this act to section 901.15, Florida Statutes, in a
  402  reference thereto, paragraph (b) of subsection (9) of section
  403  20.165, Florida Statutes, is reenacted to read:
  404         20.165 Department of Business and Professional Regulation.
  405  There is created a Department of Business and Professional
  406  Regulation.
  407         (9)
  408         (b) Each employee serving as a law enforcement officer for
  409  the division must meet the qualifications for employment or
  410  appointment as a law enforcement officer set forth under s.
  411  943.13 and must be certified as a law enforcement officer by the
  412  Department of Law Enforcement under chapter 943. Upon
  413  certification, each law enforcement officer is subject to and
  414  has the same authority as provided for law enforcement officers
  415  generally in chapter 901 and has statewide jurisdiction. Each
  416  officer also has arrest authority as provided for state law
  417  enforcement officers in s. 901.15. Each officer possesses the
  418  full law enforcement powers granted to other peace officers of
  419  this state, including the authority to make arrests, carry
  420  firearms, serve court process, and seize contraband and the
  421  proceeds of illegal activities.
  422         1. The primary responsibility of each officer appointed
  423  under this section is to investigate, enforce, and prosecute,
  424  throughout the state, violations and violators of parts I and II
  425  of chapter 210, part VII of chapter 559, and chapters 561-569,
  426  and the rules adopted thereunder, as well as other state laws
  427  that the division, all state law enforcement officers, or
  428  beverage enforcement agents are specifically authorized to
  429  enforce.
  430         2. The secondary responsibility of each officer appointed
  431  under this section is to enforce all other state laws, provided
  432  that the enforcement is incidental to exercising the officer’s
  433  primary responsibility as provided in subparagraph 1., and the
  434  officer exercises the powers of a deputy sheriff, only after
  435  consultation or coordination with the appropriate local
  436  sheriff’s office or municipal police department or when the
  437  division participates in the Florida Mutual Aid Plan during a
  438  declared state emergency.
  439         Section 11. For the purpose of incorporating the amendment
  440  made by this act to section 901.15, Florida Statutes, in a
  441  reference thereto, subsection (1) of section 321.05, Florida
  442  Statutes, is reenacted to read:
  443         321.05 Duties, functions, and powers of patrol officers.
  444  The members of the Florida Highway Patrol are hereby declared to
  445  be conservators of the peace and law enforcement officers of the
  446  state, with the common-law right to arrest a person who, in the
  447  presence of the arresting officer, commits a felony or commits
  448  an affray or breach of the peace constituting a misdemeanor,
  449  with full power to bear arms; and they shall apprehend, without
  450  warrant, any person in the unlawful commission of any of the
  451  acts over which the members of the Florida Highway Patrol are
  452  given jurisdiction as hereinafter set out and deliver him or her
  453  to the sheriff of the county that further proceedings may be had
  454  against him or her according to law. In the performance of any
  455  of the powers, duties, and functions authorized by law, members
  456  of the Florida Highway Patrol have the same protections and
  457  immunities afforded other peace officers, which shall be
  458  recognized by all courts having jurisdiction over offenses
  459  against the laws of this state, and have authority to apply for,
  460  serve, and execute search warrants, arrest warrants, capias, and
  461  other process of the court. The patrol officers under the
  462  direction and supervision of the Department of Highway Safety
  463  and Motor Vehicles shall perform and exercise throughout the
  464  state the following duties, functions, and powers:
  465         (1) To patrol the state highways and regulate, control, and
  466  direct the movement of traffic thereon; to maintain the public
  467  peace by preventing violence on highways; to apprehend fugitives
  468  from justice; to enforce all laws regulating and governing
  469  traffic, travel, and public safety upon the public highways and
  470  providing for the protection of the public highways and public
  471  property thereon, including the security and safety of this
  472  state’s transportation infrastructure; to make arrests without
  473  warrant for the violation of any state law committed in their
  474  presence in accordance with state law; providing that no search
  475  may be made unless it is incident to a lawful arrest, to
  476  regulate and direct traffic concentrations and congestions; to
  477  enforce laws governing the operation, licensing, and taxing and
  478  limiting the size, weight, width, length, and speed of vehicles
  479  and licensing and controlling the operations of drivers and
  480  operators of vehicles, including the safety, size, and weight of
  481  commercial motor vehicles; to collect all state fees and
  482  revenues levied as an incident to the use or right to use the
  483  highways for any purpose, including the taxing and registration
  484  of commercial motor vehicles; to require the drivers of vehicles
  485  to stop and exhibit their driver licenses, registration cards,
  486  or documents required by law to be carried by such vehicles; to
  487  investigate traffic accidents, secure testimony of witnesses and
  488  of persons involved, and make report thereof with copy, if
  489  requested in writing, to any person in interest or his or her
  490  attorney; to investigate reported thefts of vehicles; and to
  491  seize contraband or stolen property on or being transported on
  492  the highways. Each patrol officer of the Florida Highway Patrol
  493  is subject to and has the same arrest and other authority
  494  provided for law enforcement officers generally in chapter 901
  495  and has statewide jurisdiction. Each officer also has arrest
  496  authority as provided for state law enforcement officers in s.
  497  901.15. This section does not conflict with, but is supplemental
  498  to, chapter 933.
  499         Section 12. For the purpose of incorporating the amendment
  500  made by this act to section 901.15, Florida Statutes, in a
  501  reference thereto, subsection (2) of section 570.65, Florida
  502  Statutes, is reenacted to read:
  503         570.65 Department of Agriculture and Consumer Services, law
  504  enforcement officers.—
  505         (2) Each law enforcement officer shall meet the
  506  qualifications of law enforcement officers under s. 943.13 and
  507  shall be certified as a law enforcement officer by the
  508  Department of Law Enforcement under the provisions of chapter
  509  943. Upon certification, each law enforcement officer is subject
  510  to and shall have the same arrest and other authority provided
  511  for law enforcement officers generally in chapter 901 and shall
  512  have statewide jurisdiction. Each officer shall also have arrest
  513  authority as provided for state law enforcement officers in s.
  514  901.15. Such officers have full law enforcement powers granted
  515  to other peace officers of this state, including the authority
  516  to make arrests, carry firearms, serve court process, and seize
  517  contraband and the proceeds of illegal activities.
  518         Section 13. This act shall take effect October 1, 2018.