Bill Text: FL S1110 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Railroad Police Officers
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 489 (Ch. 2013-114) [S1110 Detail]
Download: Florida-2013-S1110-Introduced.html
Bill Title: Railroad Police Officers
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 489 (Ch. 2013-114) [S1110 Detail]
Download: Florida-2013-S1110-Introduced.html
Florida Senate - 2013 SB 1110 By Senator Evers 2-00717A-13 20131110__ 1 A bill to be entitled 2 An act relating to railroad police officers; amending 3 s. 354.01, F.S.; requiring special officers employed 4 by a railroad or other common carrier to comply with 5 specified continuing training or education 6 requirements; providing that a special officer is not 7 considered a “law enforcement officer” except for 8 purposes of ss. 943.085-943.255, F.S.; providing that 9 a Class I or Class II railroad is not considered an 10 “employing agency” except for purposes of ss. 943.085 11 943.255, F.S.; amending s. 784.07, F.S.; defining the 12 term “railroad special officer”; providing for 13 reclassification of certain offenses committed against 14 a railroad special officer; amending s. 943.10, F.S.; 15 including special officers employed by a railroad or 16 other common carrier within the definition of “law 17 enforcement officer” and including certain railroads 18 within the definition of “employing agency” for 19 purposes of specified provisions relating to law 20 enforcement officer standards; providing an effective 21 date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 354.01, Florida Statutes, is amended to 26 read: 27 354.01 Appointment of special officers.—Upon the 28 application of any railroad or other common carrier doing 29 business in this state, the Governor shall appoint one or more 30 persons who have met the law enforcement qualifications and 31 training requirements of s. 943.13943.13(1)-(10)as special 32 officers for the protection and safety of such carriers; their 33 passengers and employees; and the property of such carriers, 34 passengers, and employees. A special officer shall not be 35 considered a “law enforcement officer” except for purposes of 36 ss. 943.085-943.255. A Class I or Class II railroad shall not be 37 considered an “employing agency” except for purposes of ss. 38 943.085-943.255. 39 Section 2. Section 784.07, Florida Statutes, is amended to 40 read: 41 784.07 Assault or battery of law enforcement officers, 42 firefighters, emergency medical care providers, public transit 43 employees or agents, or other specified officers; 44 reclassification of offenses; minimum sentences.— 45 (1) As used in this section, the term: 46 (a) “Emergency medical care provider” means an ambulance 47 driver, emergency medical technician, paramedic, registered 48 nurse, physician as defined in s. 401.23, medical director as 49 defined in s. 401.23, or any person authorized by an emergency 50 medical service licensed under chapter 401 who is engaged in the 51 performance of his or her duties. The term “emergency medical 52 care provider” also includes physicians, employees, agents, or 53 volunteers of hospitals as defined in chapter 395, who are 54 employed, under contract, or otherwise authorized by a hospital 55 to perform duties directly associated with the care and 56 treatment rendered by the hospital’s emergency department or the 57 security thereof. 58 (b) “Firefighter” means any person employed by any public 59 employer of this state whose duty it is to extinguish fires; to 60 protect life or property; or to enforce municipal, county, and 61 state fire prevention codes, as well as any law pertaining to 62 the prevention and control of fires. 63 (c) “Law enforcement explorer” means any person who is a 64 current member of a law enforcement agency’s explorer program 65 and who is performing functions other than those required to be 66 performed by sworn law enforcement officers on behalf of a law 67 enforcement agency while under the direct physical supervision 68 of a sworn officer of that agency and wearing a uniform that 69 bears at least one patch that clearly identifies the law 70 enforcement agency that he or she represents. 71 (d) “Law enforcement officer” includes a law enforcement 72 officer, a correctional officer, a correctional probation 73 officer, a part-time law enforcement officer, a part-time 74 correctional officer, an auxiliary law enforcement officer, and 75 an auxiliary correctional officer, as those terms are 76 respectively defined in s. 943.10, and any county probation 77 officer; an employee or agent of the Department of Corrections 78 who supervises or provides services to inmates; an officer of 79 the Parole Commission; a federal law enforcement officer as 80 defined in s. 901.1505; and law enforcement personnel of the 81 Fish and Wildlife Conservation Commission or the Department of 82 Law Enforcement. 83 (e) “Public transit employees or agents” means bus 84 operators, train operators, revenue collectors, security 85 personnel, equipment maintenance personnel, or field 86 supervisors, who are employees or agents of a transit agency as 87 described in s. 812.015(1)(l). 88 (f) “Railroad special officer” means a person employed by a 89 Class I or Class II railroad and appointed by the Governor 90 pursuant to s. 354.01. 91 (2) Whenever any person is charged with knowingly 92 committing an assault or battery upon a law enforcement officer, 93 a firefighter, an emergency medical care provider, a railroad 94 special officer, a traffic accident investigation officer as 95 described in s. 316.640, a nonsworn law enforcement agency 96 employee who is certified as an agency inspector, a blood 97 alcohol analyst, or a breath test operator while such employee 98 is in uniform and engaged in processing, testing, evaluating, 99 analyzing, or transporting a person who is detained or under 100 arrest for DUI, a law enforcement explorer, a traffic infraction 101 enforcement officer as described in s. 316.640, a parking 102 enforcement specialist as defined in s. 316.640, a person 103 licensed as a security officer as defined in s. 493.6101 and 104 wearing a uniform that bears at least one patch or emblem that 105 is visible at all times that clearly identifies the employing 106 agency and that clearly identifies the person as a licensed 107 security officer, or a security officer employed by the board of 108 trustees of a community college, while the officer, firefighter, 109 emergency medical care provider, railroad special officer, 110 traffic accident investigation officer, traffic infraction 111 enforcement officer, inspector, analyst, operator, law 112 enforcement explorer, parking enforcement specialist, public 113 transit employee or agent, or security officer is engaged in the 114 lawful performance of his or her duties, the offense for which 115 the person is charged shall be reclassified as follows: 116 (a) In the case of assault, from a misdemeanor of the 117 second degree to a misdemeanor of the first degree. 118 (b) In the case of battery, from a misdemeanor of the first 119 degree to a felony of the third degree. 120 (c) In the case of aggravated assault, from a felony of the 121 third degree to a felony of the second degree. Notwithstanding 122 any other provision of law, any person convicted of aggravated 123 assault upon a law enforcement officer shall be sentenced to a 124 minimum term of imprisonment of 3 years. 125 (d) In the case of aggravated battery, from a felony of the 126 second degree to a felony of the first degree. Notwithstanding 127 any other provision of law, any person convicted of aggravated 128 battery of a law enforcement officer shall be sentenced to a 129 minimum term of imprisonment of 5 years. 130 (3) Any person who is convicted of a battery under 131 paragraph (2)(b) and, during the commission of the offense, such 132 person possessed: 133 (a) A “firearm” or “destructive device” as those terms are 134 defined in s. 790.001, shall be sentenced to a minimum term of 135 imprisonment of 3 years. 136 (b) A semiautomatic firearm and its high-capacity 137 detachable box magazine, as defined in s. 775.087(3), or a 138 machine gun as defined in s. 790.001, shall be sentenced to a 139 minimum term of imprisonment of 8 years. 140 141 Notwithstanding s. 948.01, adjudication of guilt or imposition 142 of sentence shall not be suspended, deferred, or withheld, and 143 the defendant is not eligible for statutory gain-time under s. 144 944.275 or any form of discretionary early release, other than 145 pardon or executive clemency, or conditional medical release 146 under s. 947.149, prior to serving the minimum sentence. 147 Section 3. Subsections (1) and (4) of section 943.10, 148 Florida Statutes, are amended to read: 149 943.10 Definitions; ss. 943.085-943.255.—The following 150 words and phrases as used in ss. 943.085-943.255 are defined as 151 follows: 152 (1) “Law enforcement officer” means any person who is 153 elected, appointed, or employed full time by any municipality or 154 the state or any political subdivision thereof; who is vested 155 with authority to bear arms and make arrests; and whose primary 156 responsibility is the prevention and detection of crime or the 157 enforcement of the penal, criminal, traffic, or highway laws of 158 the state. This definition includes all certified supervisory 159 and command personnel whose duties include, in whole or in part, 160 the supervision, training, guidance, and management 161 responsibilities of full-time law enforcement officers, part 162 time law enforcement officers, or auxiliary law enforcement 163 officers but does not include support personnel employed by the 164 employing agency. For purposes of ss. 943.085-943.255 only, this 165 definition also includes special officers employed by a Class I 166 or Class II railroad and appointed by the Governor pursuant to 167 s. 354.01. 168 (4) “Employing agency” means any agency or unit of 169 government or any municipality or the state or any political 170 subdivision thereof, or any agent thereof, which has 171 constitutional or statutory authority to employ or appoint 172 persons as officers. The term also includes any private entity 173 which has contracted with the state or county for the operation 174 and maintenance of a nonjuvenile detention facility. For 175 purposes of ss. 943.085-943.255 only, the term also includes a 176 Class I or Class II railroad that employs special officers 177 pursuant to s. 354.01. 178 Section 4. This act shall take effect July 1, 2013.