Bill Text: FL S0264 | 2015 | Regular Session | Enrolled
Bill Title: Traffic Enforcement Agencies and Traffic Citations
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2015-05-15 - Chapter No. 2015-15 [S0264 Detail]
Download: Florida-2015-S0264-Enrolled.html
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. 812. An agency of the state as described in subparagraph 1.82is prohibited from establishing a traffic citation quota. A83violation of this subparagraph is not subject to the penalties84provided 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.