Florida Senate - 2018                       CS for CS for SB 470
       
       
        
       By the Committees on Appropriations; and Military and Veterans
       Affairs, Space, and Domestic Security; and Senator Stargel
       
       
       
       
       576-03298-18                                           2018470c2
    1                        A bill to be entitled                      
    2         An act relating to law enforcement and correctional
    3         officers; amending s. 943.10, F.S.; defining the term
    4         “special operations forces”; amending s. 943.13, F.S.;
    5         authorizing a full-time, part-time, or auxiliary
    6         correctional officer to be employed at 18 years of
    7         age; exempting former special operations forces
    8         members who meet certain requirements from the
    9         Criminal Justice Standards and Training Commission
   10         approved basic recruit training program; amending s.
   11         943.131, F.S.; requiring an employing agency, training
   12         center, or criminal justice selection center to verify
   13         and document that special operations forces applicants
   14         meet certain requirements if the applicants seek an
   15         exemption from a basic recruit training program
   16         approved by the commission; requiring the employing
   17         agency, training center, or criminal justice selection
   18         center to submit the documentation to the commission;
   19         creating s. 944.145, F.S.; prohibiting a correctional
   20         officer who is under 19 years of age from supervising
   21         inmates; authorizing a correctional officer who is
   22         under 19 years of age to perform all other tasks
   23         performed by a full-time, part-time, or auxiliary
   24         correctional officer; reenacting ss. 943.1395(3) and
   25         943.17296, F.S., relating to certification for
   26         employment or appointment as an officer and training
   27         in identifying and investigating elder abuse and
   28         neglect, respectively, to incorporate the amendment
   29         made to s. 943.13, F.S., in references thereto;
   30         reenacting ss. 626.989(7), 943.133(1) and (6), and
   31         943.1395(3), (9), and (10), F.S., relating to
   32         investigations by the Division of Investigative and
   33         Forensic Services, the responsibilities of certain
   34         employing entities, and certification for certain
   35         employment or appointment, respectively, to
   36         incorporate the amendment made to s. 943.131, F.S., in
   37         references thereto; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Subsection (22) is added to section 943.10,
   42  Florida Statutes, to read:
   43         943.10 Definitions; ss. 943.085-943.255.—The following
   44  words and phrases as used in ss. 943.085-943.255 are defined as
   45  follows:
   46         (22)“Special operations forces” means those active and
   47  reserve component forces of the military services designated by
   48  the Secretary of Defense and specifically organized, trained,
   49  and equipped to conduct and support special operations. The term
   50  includes servicemembers of the United States Army Special
   51  Forces; the United States Army 75th Ranger Regiment; the United
   52  States Navy SEALs and Special Warfare Combatant-Craft Crewmen;
   53  the United States Air Force Combat Control, Pararescue, and
   54  Tactical Air Control Party specialists; the United States Marine
   55  Corps Critical Skills Operators; and any other component of the
   56  United States Special Operations Command approved by the
   57  commission.
   58         Section 2. Subsections (1) and (9) of section 943.13,
   59  Florida Statutes, are amended to read:
   60         943.13 Officers’ minimum qualifications for employment or
   61  appointment.—On or after October 1, 1984, any person employed or
   62  appointed as a full-time, part-time, or auxiliary law
   63  enforcement officer or correctional officer; on or after October
   64  1, 1986, any person employed as a full-time, part-time, or
   65  auxiliary correctional probation officer; and on or after
   66  October 1, 1986, any person employed as a full-time, part-time,
   67  or auxiliary correctional officer by a private entity under
   68  contract to the Department of Corrections, to a county
   69  commission, or to the Department of Management Services shall:
   70         (1) Be at least 19 years of age, except that any person
   71  employed as a full-time, part-time, or auxiliary correctional
   72  officer may be at least 18 years of age.
   73         (9) Complete a commission-approved basic recruit training
   74  program for the applicable criminal justice discipline, unless
   75  exempt under this subsection. An applicant who has:
   76         (a)1. Completed a comparable basic recruit training program
   77  for the applicable criminal justice discipline in another state
   78  or for the Federal Government; and
   79         2.(b) Served as a full-time sworn officer in another state
   80  or for the Federal Government for at least 1 year provided there
   81  is no more than an 8-year break in employment, as measured from
   82  the separation date of the most recent qualifying employment to
   83  the time a complete application is submitted for an exemption
   84  under this section; or,
   85         (b) Successfully completed a special operations forces
   86  training course, served in the special operations forces for a
   87  minimum of 5 years, and no more than 4 years have passed from
   88  the last date of service in the special operations forces to the
   89  date that a complete application is submitted for an exemption
   90  under this subsection,
   91  
   92  is exempt in accordance with s. 943.131(2) from completing a the
   93  commission-approved basic recruit training program.
   94         Section 3. Subsection (2) of section 943.131, Florida
   95  Statutes, is amended, and paragraph (a) of subsection (1) of
   96  that section is republished, to read:
   97         943.131 Temporary employment or appointment; minimum basic
   98  recruit training exemptions exemption.—
   99         (1)(a) An employing agency may temporarily employ or
  100  appoint a person who complies with the qualifications for
  101  employment in s. 943.13(1)-(8), but has not fulfilled the
  102  requirements of s. 943.13(9) and (10), if a critical need exists
  103  to employ or appoint the person and such person is or will be
  104  enrolled in the next approved basic recruit training program
  105  available in the geographic area or that no assigned state
  106  training program for state officers is available within a
  107  reasonable time. The employing agency must maintain
  108  documentation which demonstrates that a critical need exists to
  109  employ a person pursuant to this section. Prior to the
  110  employment or appointment of any person other than a
  111  correctional probation officer under this subsection, the person
  112  shall comply with the firearms provisions established pursuant
  113  to s. 943.17(1)(a). Any person temporarily employed or appointed
  114  as an officer under this subsection must attend the first
  115  training program offered in the geographic area, or the first
  116  assigned state training program for a state officer, subsequent
  117  to his or her employment or appointment. A person temporarily
  118  employed or appointed as an officer under this subsection must
  119  begin basic recruit training within 180 consecutive days after
  120  employment. Such person must fulfill the requirements of s.
  121  943.13(9) within 18 months after beginning basic recruit
  122  training and must fulfill the certification examination
  123  requirements of s. 943.13(10) within 180 consecutive days after
  124  completing basic recruit training. A person hired after he or
  125  she has commenced basic recruit training or after completion of
  126  basic recruit training must fulfill the certification
  127  examination requirements of s. 943.13(10) within 180 consecutive
  128  days after completion of basic recruit training or the
  129  commencement of employment, whichever occurs later.
  130         (2) If an applicant seeks an exemption from completing a
  131  commission-approved basic recruit training program, the
  132  employing agency, training center, or criminal justice selection
  133  center must do one of the following, as appropriate:
  134         (a) Verify and document that the applicant has successfully
  135  completed a comparable basic recruit training program for the
  136  discipline in which the applicant is seeking certification in
  137  another state or for the Federal Government or a previous
  138  Florida basic recruit training program. Further, the employing
  139  agency, training center, or criminal justice selection center
  140  must verify and document that the applicant has served as a
  141  full-time sworn officer in another state or for the Federal
  142  Government for at least 1 year provided there is no more than an
  143  8-year break in employment or was a previously certified Florida
  144  officer provided there is no more than an 8-year break in
  145  employment, as measured from the separation date of the most
  146  recent qualifying employment to the time a complete application
  147  is submitted for an exemption under this section. When The
  148  employing agency, training center, or criminal justice selection
  149  center shall submit obtains written documentation of
  150  satisfaction of this requirement to the commission regarding the
  151  applicant’s criminal justice experience, the documentation must
  152  be submitted to the commission. The commission shall adopt rules
  153  that establish criteria and procedures to determine if the
  154  applicant is exempt from completing the commission-approved
  155  basic recruit training program and, upon making a determination,
  156  shall notify the employing agency or criminal justice selection
  157  center. An applicant who is exempt from completing the
  158  commission-approved basic recruit training program must
  159  demonstrate proficiency in the high-liability areas, as defined
  160  by commission rule, and must complete the requirements of s.
  161  943.13(10) within 1 year after receiving an exemption. If the
  162  proficiencies and requirements of s. 943.13(10) are not met
  163  within the 1 year, the applicant must seek an additional
  164  exemption pursuant to the requirements of this subsection.
  165  Except as provided in subsection (1), before the employing
  166  agency may employ or appoint the applicant as an officer, the
  167  applicant must meet the minimum qualifications described in s.
  168  943.13(1)-(8), and must fulfill the requirements of s.
  169  943.13(10).
  170         (b)Verify and document that the applicant has successfully
  171  completed a special operations forces training course and served
  172  in the special operations forces for a minimum of 5 years.
  173  Further, the employing agency, training center, or criminal
  174  justice selection center must verify and document that no more
  175  than 4 years have passed from the last date of service in the
  176  special operations forces to the time a complete application is
  177  submitted for an exemption under this section. The employing
  178  agency, training center, or criminal justice selection center
  179  shall submit documentation of satisfaction of these requirements
  180  to the commission.
  181  
  182  The commission shall adopt rules that establish criteria and
  183  procedures to determine if the applicant is exempt from
  184  completing the commission-approved basic recruit training
  185  program and, upon making a determination, shall notify the
  186  employing agency, training center, or criminal justice selection
  187  center, as appropriate. An applicant who is exempt under this
  188  subsection must complete training required by the commission and
  189  demonstrate proficiency in the high-liability areas as defined
  190  by commission rule and complete the requirements of s.
  191  943.13(10) within 1 year after receiving an exemption.
  192  If the proficiencies and requirements of s. 943.13(10) are not
  193  met within the 1-year period, the applicant must seek an
  194  additional exemption pursuant to the requirements of this
  195  subsection. Except as provided in subsection (1), before the
  196  employing agency may employ or appoint the applicant as an
  197  officer, the applicant must meet the minimum qualifications
  198  described in s. 943.13(1)-(8), and must fulfill the requirements
  199  of s. 943.13(10).
  200         Section 4. Section 944.145, Florida Statutes, is created to
  201  read:
  202         944.145 Correctional officers under the age of 19.—A
  203  correctional officer who is under the age of 19 years may not
  204  supervise inmates, but may perform all of the other duties
  205  performed by a full-time, part-time, or auxiliary correctional
  206  officer.
  207         Section 5. For the purpose of incorporating the amendment
  208  made by this act to section 943.13, Florida Statutes, in a
  209  reference thereto, subsection (3) of section 943.1395, Florida
  210  Statutes, is reenacted to read:
  211         943.1395 Certification for employment or appointment;
  212  concurrent certification; reemployment or reappointment;
  213  inactive status; revocation; suspension; investigation.—
  214         (3) Any certified officer who has separated from employment
  215  or appointment and who is not reemployed or reappointed by an
  216  employing agency within 4 years after the date of separation
  217  must meet the minimum qualifications described in s. 943.13,
  218  except for the requirement found in s. 943.13(9). Further, such
  219  officer must complete any training required by the commission by
  220  rule in compliance with s. 943.131(2). Any such officer who
  221  fails to comply with the requirements provided in s. 943.131(2)
  222  must meet the minimum qualifications described in s. 943.13, to
  223  include the requirement of s. 943.13(9).
  224         Section 6. For the purpose of incorporating the amendment
  225  made by this act to section 943.13, Florida Statutes, in a
  226  reference thereto, section 943.17296, Florida Statutes, is
  227  reenacted to read:
  228         943.17296 Training in identifying and investigating elder
  229  abuse and neglect.—Each certified law enforcement officer must
  230  successfully complete training on identifying and investigating
  231  elder abuse and neglect as a part of the basic recruit training
  232  of the officer required in s. 943.13(9) or continuing education
  233  under s. 943.135(1) before June 30, 2011. The training shall be
  234  developed in consultation with the Department of Elderly Affairs
  235  and the Department of Children and Families and must incorporate
  236  instruction on the identification of and appropriate responses
  237  for persons suffering from dementia and on identifying and
  238  investigating elder abuse and neglect. If an officer fails to
  239  complete the required training, his or her certification is
  240  inactive until the employing agency notifies the commission that
  241  the officer has completed the training.
  242         Section 7. For the purpose of incorporating the amendment
  243  made by this act to section 943.131, Florida Statutes, in a
  244  reference thereto, subsection (7) of section 626.989, Florida
  245  Statutes, is reenacted to read:
  246         626.989 Investigation by department or Division of
  247  Investigative and Forensic Services; compliance; immunity;
  248  confidential information; reports to division; division
  249  investigator’s power of arrest.—
  250         (7) Division investigators shall have the power to make
  251  arrests for criminal violations established as a result of
  252  investigations. Such investigators shall also be considered
  253  state law enforcement officers for all purposes and shall have
  254  the power to execute arrest warrants and search warrants; to
  255  serve subpoenas issued for the examination, investigation, and
  256  trial of all offenses; and to arrest upon probable cause without
  257  warrant any person found in the act of violating any of the
  258  provisions of applicable laws. Investigators empowered to make
  259  arrests under this section shall be empowered to bear arms in
  260  the performance of their duties. In such a situation, the
  261  investigator must be certified in compliance with the provisions
  262  of s. 943.1395 or must meet the temporary employment or
  263  appointment exemption requirements of s. 943.131 until
  264  certified.
  265         Section 8. For the purpose of incorporating the amendment
  266  made by this act to section 943.131, Florida Statutes, in
  267  references thereto, subsections (1) and (6) of section 943.133,
  268  Florida Statutes, are reenacted to read:
  269         943.133 Responsibilities of employing agency, commission,
  270  and program with respect to compliance with employment
  271  qualifications and the conduct of background investigations;
  272  injunctive relief.—
  273         (1) The employing agency is fully responsible for the
  274  collection, verification, and maintenance of documentation
  275  establishing that an applicant complies with the requirements of
  276  ss. 943.13 and 943.131, and any rules adopted pursuant to ss.
  277  943.13 and 943.131.
  278         (6) If an employing agency employs or appoints an officer
  279  in violation of this section or of s. 943.13, s. 943.131, or s.
  280  943.135, or any rules adopted pursuant thereto, the Department
  281  of Legal Affairs, at the request of the chair of the commission,
  282  shall apply to the circuit court in the county of the employing
  283  agency for injunctive relief prohibiting the employment or
  284  appointment of the person contrary to this section.
  285         Section 9. For the purpose of incorporating the amendment
  286  made by this act to section 943.131, Florida Statutes, in
  287  references thereto, subsections (3), (9), and (10) of section
  288  943.1395, Florida Statutes, are reenacted to read:
  289         943.1395 Certification for employment or appointment;
  290  concurrent certification; reemployment or reappointment;
  291  inactive status; revocation; suspension; investigation.—
  292         (3) Any certified officer who has separated from employment
  293  or appointment and who is not reemployed or reappointed by an
  294  employing agency within 4 years after the date of separation
  295  must meet the minimum qualifications described in s. 943.13,
  296  except for the requirement found in s. 943.13(9). Further, such
  297  officer must complete any training required by the commission by
  298  rule in compliance with s. 943.131(2). Any such officer who
  299  fails to comply with the requirements provided in s. 943.131(2)
  300  must meet the minimum qualifications described in s. 943.13, to
  301  include the requirement of s. 943.13(9).
  302         (9) Each person employed pursuant to s. 943.131 is subject
  303  to discipline by the commission. Persons who have been subject
  304  to disciplinary action pursuant to this subsection are
  305  ineligible for employment or appointment under s. 943.131.
  306         (a) The commission shall cause to be investigated any
  307  conduct defined in subsection (6) or subsection (7) by a person
  308  employed under s. 943.131 and shall set disciplinary guidelines
  309  and penalties prescribed in rules applicable to such
  310  noncertified persons.
  311         (b) The disciplinary guidelines and prescribed penalties
  312  must be based upon the severity of specific offenses. The
  313  guidelines must provide reasonable and meaningful notice to
  314  officers and to the public of penalties that may be imposed for
  315  prohibited conduct. The penalties must be consistently applied
  316  by the commission.
  317         (c) In addition, the commission may establish violations
  318  and disciplinary penalties for intentional abuse of the
  319  employment option provided by s. 943.131 by an individual or
  320  employing agency.
  321         (10) An officer whose certification has been revoked
  322  pursuant to this section shall be ineligible for employment or
  323  appointment under s. 943.131.
  324         Section 10. This act shall take effect July 1, 2018.