Senate Bill 0128

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    Florida Senate - 2000                                   SB 128

    By Senator Meek





    40-86-00

  1                      A bill to be entitled

  2         An act relating to law enforcement and

  3         correctional officers; amending s. 943.13,

  4         F.S.; revising qualifications for employment or

  5         appointment as a law enforcement officer or

  6         correctional officer; providing an effective

  7         date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 943.13, Florida Statutes, is

12  amended to read:

13         943.13  Officers' minimum qualifications for employment

14  or appointment.--On or after October 1, 1984, Any person

15  employed or appointed as a full-time, part-time, or auxiliary

16  law enforcement officer, correctional probation officer, or

17  correctional officer, including persons employed by private

18  entities under contract with the Department of Corrections, a

19  county commission, or the Correctional Privatization

20  Commission, must:; on or after October 1, 1986, any person

21  employed as a full-time, part-time, or auxiliary correctional

22  probation officer; and on or after October 1, 1986, any person

23  employed as a full-time, part-time, or auxiliary correctional

24  officer by a private entity under contract to the Department

25  of Corrections, to a county commission, or to the Correctional

26  Privatization Commission shall:

27         (1)  Be at least 19 years of age.

28         (2)  Be a citizen of the United States, notwithstanding

29  any law of the state to the contrary.

30         (3)  Be a high school graduate or its "equivalent" as

31  the commission has defined the term by rule. However, any

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    Florida Senate - 2000                                   SB 128
    40-86-00




  1  person employed or appointed as a full-time or part-time law

  2  enforcement officer on or after October 1, 2005, must hold an

  3  associate degree or its equivalent, as defined by commission

  4  rule.

  5         (4)  Not have been convicted of any felony or of a

  6  misdemeanor involving perjury or a false statement, or have

  7  received a dishonorable discharge from any of the Armed Forces

  8  of the United States. Any person who, after July 1, 1981,

  9  pleads guilty or nolo contendere to or is found guilty of any

10  felony or of a misdemeanor involving perjury or a false

11  statement is not eligible for employment or appointment as an

12  officer, notwithstanding suspension of sentence or withholding

13  of adjudication. Notwithstanding this subsection, any person

14  who has pled nolo contendere to a misdemeanor involving a

15  false statement, prior to December 1, 1985, and has had such

16  record sealed or expunged shall not be deemed ineligible for

17  employment or appointment as an officer.

18         (5)  Have documentation of his or her processed

19  fingerprints on file with the employing agency or, if a

20  private correctional officer, have documentation of his or her

21  processed fingerprints on file with the Department of

22  Corrections or the Criminal Justice Standards and Training

23  Commission. If administrative delays are caused by the

24  department or the Federal Bureau of Investigation and the

25  person has complied with subsections (1)-(4) and (6)-(9), he

26  or she may be employed or appointed for a period not to exceed

27  1 calendar year from the date he or she was employed or

28  appointed or until return of the processed fingerprints

29  documenting noncompliance with subsections (1)-(4) or

30  subsection (7), whichever occurs first.

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    Florida Senate - 2000                                   SB 128
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  1         (6)  Have passed a physical examination by a licensed

  2  physician, based on specifications established by the

  3  commission.

  4         (7)  Have a good moral character as determined by a

  5  background investigation under procedures established by the

  6  commission.

  7         (8)  Execute and submit to the employing agency or, if

  8  a private correctional officer, submit to the appropriate

  9  governmental entity an affidavit-of-applicant form, adopted by

10  the commission, attesting to his or her compliance with

11  subsections (1)-(7). The affidavit shall be executed under

12  oath and constitutes an official statement within the purview

13  of s. 837.06. The affidavit shall include conspicuous language

14  that the intentional false execution of the affidavit

15  constitutes a misdemeanor of the second degree. The affidavit

16  shall be retained by the employing agency.

17         (9)  Complete a commission-approved basic recruit

18  training program for the applicable criminal justice

19  discipline, unless exempt under this subsection. An applicant

20  who has:

21         (a)  Completed a comparable basic recruit training

22  program for the applicable criminal justice discipline in

23  another state or for the Federal Government; and

24         (b)  Served as a full-time sworn officer in another

25  state or for the Federal Government for at least one year

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27  is exempt in accordance with s. 943.131(2) from completing the

28  commission-approved basic recruit training program.

29         (10)  Achieve an acceptable score on the officer

30  certification examination for the applicable criminal justice

31  discipline.

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    Florida Senate - 2000                                   SB 128
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  1         (11)  Comply with the continuing training or education

  2  requirements of s. 943.135.

  3         Section 2.  This act shall take effect July 1, 2000.

  4

  5            *****************************************

  6                          SENATE SUMMARY

  7    Revises qualifications for employment or appointment as a
      law enforcement officer or correctional officer to
  8    require that persons employed or appointed on or after
      October 1, 2005, hold an associate degree or its
  9    equivalent.

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