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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 354
SPECIAL OFFICERS FOR CARRIERS
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CHAPTER 354
CHAPTER 354
SPECIAL OFFICERS FOR CARRIERS
354.01 Special officers.
354.02 Powers.
354.03 Bond.
354.04 Compensation.
354.05 Term of office; removal.
354.07 Suit for damages on bond.
354.01 Special officers.A railroad police officer who has met the law enforcement officer qualifications and training requirements of ss. 943.13 and 943.135(1) shall be recognized as a special officer for the protection and safety of any railroad or other common carrier doing business in this state; its passengers and employees; and the property of such carrier, passengers, and employees. A special officer is not considered a law enforcement officer except for purposes of ss. 943.085-943.255. A Class I, Class II, or Class III railroad shall be considered an employing agency for purposes of ss. 943.10, 943.13, and 943.135(1) and shall pay all costs associated with the training and continuing education of employed special officers.
History.s. 1, ch. 8539, 1921; CGL 6653; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 3, 13, 15, ch. 82-90; s. 13, ch. 83-167; s. 28, ch. 84-258; s. 1, ch. 84-326; ss. 7, 8, ch. 92-192; ss. 144, 145, ch. 99-13; s. 1, ch. 2013-114; s. 18, ch. 2023-197.
354.02 Powers.Throughout every county in which the common carrier for which he or she is employed does business, operates, or owns property, a special officer may arrest a person who has violated any law on such carrier’s property, whether the arrest occurs on or off such carrier’s property, under the same conditions under which a deputy sheriff may by law make arrests, and may carry weapons for the reasonable purpose of his or her office.
History.s. 2, ch. 8539, 1921; CGL 6654; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 13, 15, ch. 82-90; ss. 7, 8, ch. 92-192; s. 541, ch. 95-148; s. 146, ch. 99-13; s. 19, ch. 2023-197.
354.03 Bond.Before entering into the performance of his or her duties every such special officer shall enter into a good and sufficient bond payable to the Governor of Florida, and the Governor’s successors, in the penal sum of $5,000, with some surety company authorized to do business in this state as surety thereon, conditioned for the faithful performance of his or her duties, and to pay any and all damage done by any illegal act committed by him or her, to be approved by the Department of Financial Services.
History.s. 3, ch. 8539, 1921; CGL 6655; ss. 12, 35, ch. 69-106; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 13, 15, ch. 82-90; ss. 7, 8, ch. 92-192; s. 542, ch. 95-148; s. 146, ch. 99-13; s. 378, ch. 2003-261.
354.04 Compensation.Such special officers shall not receive any fees or salary from the state or any county, but their compensation shall be agreed upon and paid by the carrier making such application.
History.s. 4, ch. 8539, 1921; CGL 6656; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 13, 15, ch. 82-90; ss. 7, 8, ch. 92-192; s. 146, ch. 99-13.
354.05 Term of office; removal.The commission of a special officer shall continue so long as he or she is employed in such capacity by the railroad or other common carrier. However, a special officer may be removed at any time, in the manner and for the causes provided by law.
History.s. 5, ch. 8539, 1921; CGL 6657; s. 1, ch. 63-57; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 4, 13, 15, ch. 82-90; s. 29, ch. 84-258; s. 2, ch. 84-326; ss. 7, 8, ch. 92-192; s. 146, ch. 99-13; s. 20, ch. 2023-197.
354.07 Suit for damages on bond.Any person whose person or property has been damaged by the wrongful act of such special officer may bring suit for the redress of such wrong on the bond of such officer. The remedy provided in this section is not exclusive of any remedy that otherwise may exist.
History.s. 7, ch. 8539, 1921; CGL 6659; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 5, 13, 15, ch. 82-90; ss. 7, 8, ch. 92-192; s. 543, ch. 95-148; s. 146, ch. 99-13.