Senate Bill sb2036

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2036

    By Senator Bronson





    18-819A-01

  1                      A bill to be entitled

  2         An act relating to the Criminal Justice

  3         Standards and Training Commission; amending s.

  4         943.12, F.S.; revising the powers and duties of

  5         the commission relating to certification of

  6         training schools and instructors; amending s.

  7         943.13, F.S.; requiring employers of state

  8         certified correctional officers to submit the

  9         officers' fingerprints to the Department of Law

10         Enforcement and the Federal Bureau of

11         Investigation for processing and to maintain

12         documentation of the processed prints on file;

13         allowing employee physicals to be performed by

14         physician assistants; amending s. 943.131,

15         F.S.; providing alternative requirements for

16         certain applicants who seek exemptions from the

17         basic-recruit training program; amending s.

18         943.135, F.S.; eliminating a requirement that

19         the department provide remediation programs for

20         officers who cannot comply with continuing

21         education requirements because of learning

22         disabilities; amending s. 943.1395, F.S.;

23         limiting the circumstances under which officers

24         may be registered and hold concurrent

25         certification; amending s. 943.14, F.S.;

26         deleting a requirement for commission approval

27         of certain courses; providing for staff to

28         approve certain diplomas or certificates;

29         limiting the fees chargeable to officers for

30         continuing workforce education; eliminating an

31         exemption from section requirements for certain

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         training schools and programs; amending s.

  2         943.17, F.S.; requiring the commission to

  3         establish a specialized training program;

  4         amending s. 943.173, F.S.; conforming

  5         provisions amending s. 943.175, F.S.;

  6         eliminating provisions governing specialized

  7         training programs; amending s. 943.22, F.S.;

  8         redefining the term "accredited college";

  9         amending s. 943.25, F.S.; prohibiting the

10         assessment of certain costs against officers or

11         agencies for courses offered by criminal

12         justice training schools; amending s. 316.640,

13         F.S.; specifying the training requirement for

14         certain persons employed as traffic accident or

15         crash investigation officers or traffic

16         infraction enforcement officers; providing an

17         effective date.

18

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

20

21         Section 1.  Section 943.12, Florida Statutes, is

22  amended to read:

23         943.12  Powers, duties, and functions of the

24  commission.--The commission shall:

25         (1)  Adopt Promulgate rules for the administration of

26  ss. 943.085-943.255 pursuant to chapter 120.

27         (2)  Be responsible for the execution, administration,

28  implementation, and evaluation of its powers, duties, and

29  functions under ss. 943.085-943.255, including any rules

30  promulgated or policies established hereunder.

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         (3)  Certify, and revoke the certification of,

  2  officers, instructors, and criminal justice training schools.

  3         (4)  Establish uniform minimum employment standards for

  4  the various criminal justice disciplines.

  5         (5)  Establish uniform minimum training standards for

  6  the training of officers in the various criminal justice

  7  disciplines.

  8         (6)  Consult and cooperate with municipalities or the

  9  state or any political subdivision of the state and with

10  universities, colleges, community colleges, and other

11  educational institutions concerning the development of

12  criminal justice training schools and programs or courses of

13  instruction, including, but not necessarily limited to,

14  education and training in the areas of criminal justice

15  administration and all allied and supporting disciplines.

16         (7)  Conduct official inquiries or require criminal

17  justice training schools to conduct official inquiries of

18  Authorize the issuance of certificates for criminal justice

19  training instructors who are certified by the commission

20  schools.

21         (8)  Establish minimum curricular requirements for

22  criminal justice training schools.

23         (9)  Authorize the issuance of certificates for

24  instructors.

25         (9)(10)  Make, publish, or encourage studies on any

26  aspect of criminal justice education and training or

27  recruitment, including the development of defensible and

28  job-related psychological, selection, and performance

29  evaluation tests.

30         (10)(11)  With the approval of the head of the

31  department, make and enter into such contracts and agreements

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  with other agencies, organizations, associations,

  2  corporations, individuals, or federal agencies as the

  3  commission determines are necessary, expedient, or incidental

  4  to the performance of its duties or the execution of its

  5  powers.

  6         (11)(12)  Provide to each commission member and, upon

  7  request, to any sheriff, chief of police, state law

  8  enforcement or correctional agency chief administrator, or

  9  training center director or to any other concerned citizen

10  minutes of commission meetings and notices and agendas of

11  commission meetings.

12         (12)(13)  Establish a central repository of records for

13  the proper administration of its duties, powers, and

14  functions.

15         (13)(14)  Issue final orders which include findings of

16  fact and conclusions of law and which constitute final agency

17  action for the purpose of chapter 120.

18         (14)(15)  Enforce compliance with provisions of this

19  chapter through injunctive relief and civil fines.

20         (15)(16)  Make recommendations concerning any matter

21  within the purview of this chapter.

22         (16)(17)  Adopt Promulgate rules for the certification

23  and discipline of officers who engage in those specialized

24  areas found to present a high risk of harm to the officer or

25  the public at large and which would in turn increase the

26  potential liability of an employing agency.

27         (17)(18)  Implement, administer, maintain, and revise a

28  job-related officer certification examination for each

29  criminal justice discipline.  The commission shall, by rule,

30  establish procedures for the administration of the officer

31  certification examinations.  Further, the commission shall

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  establish standards for acceptable performance for each

  2  officer certification examination.

  3         Section 2.  Subsections (5) and (6) of section 943.13,

  4  Florida Statutes, are amended to read:

  5         943.13  Officers' minimum qualifications for employment

  6  or appointment.--On or after October 1, 1984, any person

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

  8  law enforcement officer or correctional officer; on or after

  9  October 1, 1986, any person employed as a full-time,

10  part-time, or auxiliary correctional probation officer; and on

11  or after October 1, 1986, any person employed as a full-time,

12  part-time, or auxiliary correctional officer by a private

13  entity under contract to the Department of Corrections, to a

14  county commission, or to the Correctional Privatization

15  Commission shall:

16         (5)  Criminal justice employing agencies or private

17  correctional companies that employ state certified

18  correctional officers must submit their fingerprints to the

19  Department of Law Enforcement for state processing and to the

20  Federal Bureau of Investigation for federal processing and

21  must maintain documentation of the processed fingerprints on

22  file. Have documentation of his or her processed fingerprints

23  on file with the employing agency or, if a private

24  correctional officer, have documentation of his or her

25  processed fingerprints on file with the Department of

26  Corrections or the Criminal Justice Standards and Training

27  Commission. If administrative delays are caused by the

28  department or the Federal Bureau of Investigation and the

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

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

31  1 calendar year from the date he or she was employed or

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  appointed or until return of the processed fingerprints

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

  3  subsection (7), whichever occurs first.

  4         (6)  Have passed a physical examination by a licensed

  5  physician or physician assistant, based on specifications

  6  established by the commission.

  7         Section 3.  Section 943.131, Florida Statutes, is

  8  amended to read:

  9         943.131  Temporary employment or appointment; minimum

10  basic recruit training exemption.--

11         (1)(a)  An employing agency may temporarily employ or

12  appoint a person who complies with the qualifications for

13  employment in s. 943.13(1)-(8), but has not fulfilled the

14  requirements of s. 943.13(9) and (10), if a critical need

15  exists to employ or appoint the person and such person is or

16  will be enrolled in the next approved basic recruit training

17  program available in the geographic area or that no assigned

18  state training program for state officers is available within

19  a reasonable time. The employing agency must maintain

20  documentation which demonstrates that a critical need exists

21  to employ a person pursuant to this section. Prior to the

22  employment or appointment of any person other than a

23  correctional probation officer under this subsection, the

24  person shall comply with the firearms provisions established

25  pursuant to s. 943.17(1)(a). Any person temporarily employed

26  or appointed as an officer under this subsection must attend

27  the first training program offered in the geographic area, or

28  the first assigned state training program for a state officer,

29  subsequent to his or her employment or appointment. Further,

30  upon successful completion of the basic recruit training

31  program, any person temporarily employed or appointed as an

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  officer must fulfill the requirements of s. 943.13(10) within

  2  180 consecutive days.

  3         (b)  In no case may the person be temporarily employed

  4  or appointed for more than 180 consecutive days, and such

  5  temporary employment or appointment is not renewable by the

  6  employing agency or transferable to another employing agency.

  7  However, a person who is temporarily employed or appointed and

  8  is attending the first training program offered in the

  9  geographic area, or has been assigned to a state training

10  program, may continue to be temporarily employed or appointed

11  until the person:

12         1.  Successfully completes the basic recruit training

13  program and achieves an acceptable score on the officer

14  certification examination;

15         2.  Fails or withdraws from a any course of the basic

16  recruit training program;

17         3.  Fails to achieve an acceptable score on the officer

18  certification examination within 180 consecutive days after

19  the successful completion of the basic recruit training

20  program; or

21         4.  Is separated from employment or appointment by the

22  employing agency.

23         (c)  No person temporarily employed or appointed under

24  the provisions of this subsection may perform the duties of an

25  officer unless he or she is adequately supervised by another

26  officer of the same discipline. The supervising officer must

27  be in full compliance with the provisions of s. 943.13 and

28  must be employed or appointed by the employing agency.

29         (2)  If an applicant seeks an exemption from completing

30  a commission-approved basic recruit training program, the

31  employing agency must verify that the applicant has

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  successfully completed a comparable basic recruit training

  2  program for the discipline in which the applicant is seeking

  3  certification in another state or for the Federal Government.

  4  Further, the employing agency must verify that the applicant

  5  has served as a full-time sworn officer in another state or

  6  for the Federal Government for at least one year. When the

  7  employing agency obtains written documentation regarding the

  8  applicant's criminal justice experience, the documentation

  9  must be submitted to the commission. The commission shall

10  adopt rules that establish criteria and procedures to

11  determine if the applicant is exempt from completing the

12  commission-approved basic recruit training program and, upon

13  making a determination, shall notify the employing agency. An

14  If the applicant who is exempt from completing the

15  commission-approved basic recruit training program, the

16  applicant must demonstrate proficiency in the high-liability

17  areas, as defined by commission rule, and must complete the

18  requirements of s. 943.13(10) within 180 days after receiving

19  an exemption. If the proficiencies and requirements of s.

20  943.13(10) are not met within the 180 days, the applicant must

21  complete a commission-approved basic recruit training program

22  complete training, as required by the commission by rule, in

23  areas which include, but are not limited to, defensive

24  driving, defensive tactics, firearms training, and first

25  responder training. Except as provided in subsection (1),

26  before the employing agency may employ or appoint the

27  applicant as an officer, the applicant must meet the minimum

28  qualifications described in s. 943.13(1)-(8), and must fulfill

29  the requirements of s. 943.13(10).

30         Section 4.  Subsection (1) of section 943.135, Florida

31  Statutes, is amended to read:

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         943.135  Requirements for continued employment.--

  2         (1)  The commission shall, by rule, adopt a program

  3  that requires all officers, as a condition of continued

  4  employment or appointment as officers, to receive periodic

  5  commission-approved continuing training or education. Such

  6  continuing training or education shall be required at the rate

  7  of 40 hours every 4 years. No officer shall be denied a

  8  reasonable opportunity by the employing agency to comply with

  9  this section.  The employing agency must document that the

10  continuing training or education is job-related and consistent

11  with the needs of the employing agency. The employing agency

12  must maintain and submit, or electronically transmit, the

13  documentation to the commission, in a format approved by the

14  commission.  The rule shall also provide:

15         (a)  Assistance to an employing agency in identifying

16  each affected officer, the date of his or her employment or

17  appointment, and his or her most recent date for successful

18  completion of continuing training or education; and

19         (b)  A procedure for reactivation of the certification

20  of an officer who is not in compliance with this section.; and

21         (c)  A remediation program supervised by the training

22  center director within the geographic area for any officer who

23  is attempting to comply with the provisions of this subsection

24  and in whom learning disabilities are identified.  The officer

25  shall be assigned nonofficer duties, without loss of employee

26  benefits, and the program shall not exceed 90 days.

27         Section 5.  Subsection (2) of section 943.1395, Florida

28  Statutes, is amended to read:

29         943.1395  Certification for employment or appointment;

30  concurrent certification; reemployment or reappointment;

31  inactive status; revocation; suspension; investigation.--

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         (2)  An officer who is certified in one discipline and

  2  who complies with s. 943.13 in another discipline shall hold

  3  concurrent certification and may be assigned in either

  4  discipline within his or her employing agency. However, the

  5  officer may be registered and hold concurrent certification

  6  only if the employing agency has authority to employ multiple

  7  disciplines.

  8         Section 6.  Section 943.14, Florida Statutes, is

  9  amended to read:

10         943.14  Commission-certified criminal justice training

11  schools; certificates and diplomas; exemptions; injunctive

12  relief; fines.--

13         (1)  Each criminal justice training school approved by

14  the commission shall obtain from the commission a certificate

15  of compliance, with rules of the commission, signed by the

16  chair of the commission. Any training or educational courses

17  which are taught in any criminal justice training school must

18  first be approved in writing by the commission.

19         (2)  Any certificate or diploma issued by any criminal

20  justice training school which relates to completion,

21  graduation, or attendance in criminal justice training or

22  educational subjects, or related matters, must be approved by

23  the commission staff in the department's Criminal Justice

24  Professionalism Program.

25         (3)  Notwithstanding ss. 239.115(6)(a) and 239.117(b)

26  or any other provision of law to the contrary, fees for

27  continuing workforce education for public law enforcement,

28  correctional, and correctional probation officers may not

29  exceed 25 percent of the cost of the course.

30

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         (4)(3)  The commission shall establish, by rule,

  2  procedures for the certification and discipline of all

  3  instructors in any criminal justice training school.

  4         (5)(4)  Prior to the issuance of a certificate of

  5  compliance, or as a condition of continuing certification, all

  6  records of any criminal justice training school that relate to

  7  training and all financial and personnel records of the school

  8  shall be made available to the commission upon request.

  9         (6)(5)  No private criminal justice training school may

10  include within its name the word "commission," "bureau," or

11  "division" together with the word "Florida" or "state," the

12  name of any county or municipality, or any misleading

13  derivative thereof which might be construed to represent a

14  government agency or an entity authorized by a government

15  agency.

16         (6)  Criminal justice training schools and courses

17  which are licensed and operated in accordance with the rules

18  of the State Board of Education and the rules of the

19  commission are exempt from the requirements of subsections

20  (1)-(5).  However, any school which instructs approved

21  commission courses must meet the requirements of subsections

22  (1)-(5).

23         (7)(a)  Commission-approved correctional probation

24  courses and subjects which are taught by Florida 4-year

25  accredited colleges and universities are exempt from

26  subsections (1)-(6) (1)-(5) except for such documentation

27  which may be required by the commission.  The commission

28  retains control over the content of courses and subjects

29  covered by this subsection as specified in s. 943.17(1)(a).

30  Florida 4-year accredited colleges and universities must

31  obtain approval from the commission prior to offering

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  correctional probation courses. Florida 4-year accredited

  2  colleges and universities offering the Correctional Probation

  3  Training Program shall teach the learning objectives specified

  4  by the commission.  The administration of the commission's

  5  Correctional Probation Training Program within a Florida

  6  4-year accredited college or university shall fall within the

  7  institution's established guidelines for course delivery and

  8  student attendance.  The Florida 4-year accredited college or

  9  university shall provide to the commission and to the student

10  proof of successful completion of all the approved objectives

11  required by the commission for the academic courses approved

12  for the Correctional Probation Training Program. The

13  commission-certified training school administering the

14  commission-required correctional probation high-liability

15  training shall provide to the commission and to the student

16  proof of successful completion of all approved objectives.

17         (b)  All other criminal justice sciences or

18  administration courses or subjects which are a part of the

19  curriculum of any accredited college, university, community

20  college, or vocational-technical center of this state, and all

21  full-time instructors of such institutions, are exempt from

22  the provisions of subsections (1)-(6) (1)-(5).

23         (8)  Each criminal justice training school that offers

24  law enforcement, correctional, or correctional probation

25  officer basic recruit training, or selection center that

26  provides applicant screening for criminal justice training

27  schools, shall conduct a criminal history background check of

28  an applicant prior to entrance into the basic recruit class. A

29  complete set of fingerprints must be taken by an authorized

30  criminal justice agency or by an employee of the criminal

31  justice training school or selection center who is trained to

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  take fingerprints. The criminal justice training school or

  2  selection center shall submit the fingerprints to the Florida

  3  Department of Law Enforcement for a statewide criminal history

  4  check, and forward the fingerprints to the Federal Bureau of

  5  Investigation for a national criminal history check.

  6  Applicants found through fingerprint processing to have pled

  7  guilty to or been convicted of a crime which would render the

  8  applicant unable to meet the minimum qualifications for

  9  employment as an officer as specified in s. 943.13(4) shall be

10  removed from the pool of qualified candidates by the criminal

11  justice training school or selection center.

12         (9)(a)  If a criminal justice training school or person

13  violates this section, or any rule adopted pursuant hereto,

14  the Department of Legal Affairs, at the request of the chair

15  of the commission, shall apply to the circuit court in the

16  county in which the violation or violations occurred for

17  injunctive relief prohibiting the criminal justice training

18  school or person from operating contrary to this section.

19         (b)1.  In addition to any injunctive relief available

20  under paragraph (a), the commission may impose a civil fine

21  upon any criminal justice training school or person who

22  violates subsection (1) or subsection (6) (5), or any rule

23  adopted pursuant thereto, of up to $10,000 for each violation,

24  which fine shall be paid into the Criminal Justice Standards

25  and Training Trust Fund. The commission may impose a civil

26  fine upon any criminal justice training school or person who

27  violates subsection (2), subsection (4) (3), or subsection (5)

28  (4), or any rule adopted pursuant thereto, of up to $1,000 for

29  each violation, which fine shall be paid into the Criminal

30  Justice Standards and Training Trust Fund.

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         2.  A proceeding under this paragraph shall comply with

  2  the provisions of chapter 120, and the final order of the

  3  commission constitutes final agency action for the purposes of

  4  chapter 120. When the commission imposes a civil fine and the

  5  fine is not paid within a reasonable time, the Department of

  6  Legal Affairs, at the request of the chair of the commission,

  7  shall bring a civil action under the provisions of s. 120.69

  8  to recover the fine. The commission and the Department of

  9  Legal Affairs are not required to post any bond in any

10  proceeding herein.

11         Section 7.  Subsection (1) of section 943.17, Florida

12  Statutes, is amended to read:

13         943.17  Basic recruit, advanced, and career development

14  training programs; participation; cost; evaluation.--The

15  commission shall, by rule, design, implement, maintain,

16  evaluate, and revise entry requirements, job-related

17  curricula, and performance standards for basic recruit,

18  advanced, and career development training programs and

19  courses.  The rules shall include, but are not limited to, a

20  methodology to assess relevance of the subject matter to the

21  job, student performance, and instructor competency.

22         (1)  The commission shall:

23         (a)  Design, implement, maintain, evaluate, and revise

24  or adopt a basic recruit training program for the purpose of

25  providing minimum employment training qualifications for all

26  officers to be employed or appointed in each discipline.

27         (b)  Design, implement, maintain, evaluate, and revise

28  or adopt an advanced training program which is limited to

29  those courses enhancing an officer's knowledge, skills, and

30  abilities for the job he or she performs.

31

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         (c)  Design, implement, maintain, evaluate, and revise

  2  or adopt a career development training program which is

  3  limited to those courses related to promotion to a higher rank

  4  or position.  Career development courses will not be eligible

  5  for funding as provided in s. 943.25(9).

  6         (d)  Design, implement, maintain, evaluate, or adopt a

  7  specialized training program, consisting of identified goals

  8  and objectives that enhance an officer's ability to perform

  9  the duties of his or her job. For any existing or newly

10  established course, adopt an examination and assessment

11  instrument that is job-related and measures an officer's

12  acquisition of knowledge, skills, and abilities.  An

13  acceptable level of measurable student performance shall also

14  be developed for each course.

15         Section 8.  Subsection (2) of section 943.173, Florida

16  Statutes, is amended to read:

17         943.173  Examinations; administration; materials not

18  public records; disposal of materials.--

19         (2)  Each advanced and career development course

20  examination adopted by the commission shall be administered at

21  a certified criminal justice training school under the

22  supervision of the training center director.

23         Section 9.  Section 943.175, Florida Statutes, is

24  amended to read:

25         943.175  Inservice and specialized training.--

26         (1)  Inservice training programs, consisting of courses

27  established, implemented, and evaluated by an employing

28  agency, are the responsibility of the employing agency.

29  Inservice Specialized training programs, consisting of courses

30  established, implemented, and evaluated by a criminal justice

31  training school, are the responsibility of the criminal

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  justice training school. Inservice and specialized training

  2  programs or courses need not be approved by the commission.

  3         (2)  The commission shall, by rule, establish

  4  procedures and criteria whereby an employing agency or

  5  criminal justice training school seeking commission approval

  6  of a specialized training program or course must submit the

  7  program or course to the commission for evaluation. The

  8  procedures and criteria shall include, but are not limited to,

  9  a demonstration of job relevance and quality of instruction.

10         (2)(3)  Inservice or specialized training courses or

11  programs shall not be part of the programs or courses

12  established by the commission pursuant to s. 943.17, nor shall

13  they be used to qualify an officer for salary incentive

14  payment provided under s. 943.22.

15         Section 10.  Paragraph (a) of subsection (1) of section

16  943.22, Florida Statutes, is amended to read:

17         943.22  Salary incentive program for full-time

18  officers.--

19         (1)  For the purpose of this section, the term:

20         (a)  "Accredited college, university, or community

21  college" means a college, university, or community college

22  which has been accredited by the Southern Association of

23  Colleges and Schools or, another regional accrediting agency,

24  or the American Association of Collegiate Registrars and

25  Admissions Officers.

26         Section 11.  Subsection (6) of section 943.25, Florida

27  Statutes, is amended to read:

28         943.25  Criminal justice trust funds; source of funds;

29  use of funds.--

30         (6)  No Training, room, or board cost may not be

31  assessed against any officer or employing agency for any

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  advanced and specialized training course funded from the

  2  Criminal Justice Standards and Training Trust Fund and offered

  3  through a criminal justice training school certified by the

  4  commission. Such expenses shall be paid from the trust fund

  5  and are not reimbursable by the officer. Travel costs to and

  6  from the training site are the responsibility of the trainee

  7  or employing agency. Any compensation, including, but not

  8  limited to, salaries and benefits, paid to any person during

  9  the period of training shall be fixed and determined by the

10  employing agency; and such compensation shall be paid directly

11  to the person.

12         (a)  The commission shall develop a policy of

13  reciprocal payment for training officers from regions other

14  than the region providing the training.

15         (b)  An officer who is not employed or appointed by an

16  employing agency of this state may attend a course funded by

17  the trust fund, provided the officer is required to pay to the

18  criminal justice training school all training costs incurred

19  for her or his attendance.

20         Section 12.  Section 316.640, Florida Statutes, is

21  amended to read:

22         316.640  Enforcement.--The enforcement of the traffic

23  laws of this state is vested as follows:

24         (1)  STATE.--

25         (a)1.a.  The Division of Florida Highway Patrol of the

26  Department of Highway Safety and Motor Vehicles, the Division

27  of Law Enforcement of the Fish and Wildlife Conservation

28  Commission, the Division of Law Enforcement of the Department

29  of Environmental Protection, and law enforcement officers of

30  the Department of Transportation each have authority to

31  enforce all of the traffic laws of this state on all the

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  streets and highways thereof and elsewhere throughout the

  2  state wherever the public has a right to travel by motor

  3  vehicle. The Division of the Florida Highway Patrol may employ

  4  as a traffic accident investigation officer any individual who

  5  successfully completes at least 200 hours of instruction in

  6  traffic accident investigation and court presentation through

  7  the Selective Traffic Enforcement Program as approved by the

  8  Criminal Justice Standards and Training Commission and funded

  9  through the National Highway Traffic Safety Administration or

10  a similar program approved by the commission, but who does not

11  necessarily meet the uniform minimum standards established by

12  the commission for law enforcement officers or auxiliary law

13  enforcement officers under chapter 943. Any such traffic

14  accident investigation officer who makes an investigation at

15  the scene of a traffic accident may issue traffic citations,

16  based upon personal investigation, when he or she has

17  reasonable and probable grounds to believe that a person who

18  was involved in the accident committed an offense under this

19  chapter, chapter 319, chapter 320, or chapter 322 in

20  connection with the accident. This paragraph does not permit

21  the carrying of firearms or other weapons, nor do such

22  officers have arrest authority other than for the issuance of

23  a traffic citation as authorized in this paragraph.

24         b.  University police officers shall have authority to

25  enforce all of the traffic laws of this state when such

26  violations occur on or about any property or facilities that

27  are under the guidance, supervision, regulation, or control of

28  the State University System, except that traffic laws may be

29  enforced off-campus when hot pursuit originates on-campus.

30         c.  Community college police officers shall have the

31  authority to enforce all the traffic laws of this state only

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  when such violations occur on any property or facilities that

  2  are under the guidance, supervision, regulation, or control of

  3  the community college system.

  4         d.  Police officers employed by an airport authority

  5  shall have the authority to enforce all of the traffic laws of

  6  this state only when such violations occur on any property or

  7  facilities that are owned or operated by an airport authority.

  8         (I)  An airport authority may employ as a parking

  9  enforcement specialist any individual who successfully

10  completes a training program established and approved by the

11  Criminal Justice Standards and Training Commission for parking

12  enforcement specialists but who does not otherwise meet the

13  uniform minimum standards established by the commission for

14  law enforcement officers or auxiliary or part-time officers

15  under s. 943.12. Nothing in this sub-sub-subparagraph shall be

16  construed to permit the carrying of firearms or other weapons,

17  nor shall such parking enforcement specialist have arrest

18  authority.

19         (II)  A parking enforcement specialist employed by an

20  airport authority is authorized to enforce all state, county,

21  and municipal laws and ordinances governing parking only when

22  such violations are on property or facilities owned or

23  operated by the airport authority employing the specialist, by

24  appropriate state, county, or municipal traffic citation.

25         e.  The Office of Agricultural Law Enforcement of the

26  Department of Agriculture and Consumer Services shall have the

27  authority to enforce traffic laws of this state only as

28  authorized by the provisions of chapter 570. However, nothing

29  in this section shall expand the authority of the Office of

30  Agricultural Law Enforcement at its agricultural inspection

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  stations to issue any traffic tickets except those traffic

  2  tickets for vehicles illegally passing the inspection station.

  3         f.  School safety officers shall have the authority to

  4  enforce all of the traffic laws of this state when such

  5  violations occur on or about any property or facilities which

  6  are under the guidance, supervision, regulation, or control of

  7  the district school board.

  8         2.  An agency of the state as described in subparagraph

  9  1. is prohibited from establishing a traffic citation quota. A

10  violation of this subparagraph is not subject to the penalties

11  provided in chapter 318.

12         3.  Any disciplinary action taken or performance

13  evaluation conducted by an agency of the state as described in

14  subparagraph 1. of a law enforcement officer's traffic

15  enforcement activity must be in accordance with written

16  work-performance standards. Such standards must be approved by

17  the agency and any collective bargaining unit representing

18  such law enforcement officer. A violation of this subparagraph

19  is not subject to the penalties provided in chapter 318.

20         (b)1.  The Department of Transportation has authority

21  to enforce on all the streets and highways of this state all

22  laws applicable within its authority.

23         2.a.  The Department of Transportation shall develop

24  training and qualifications standards for toll enforcement

25  officers whose sole authority is to enforce the payment of

26  tolls pursuant to s. 316.1001. Nothing in this subparagraph

27  shall be construed to permit the carrying of firearms or other

28  weapons, nor shall a toll enforcement officer have arrest

29  authority.

30         b.  For the purpose of enforcing s. 316.1001,

31  governmental entities, as defined in s. 334.03, which own or

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  operate a toll facility may employ independent contractors or

  2  designate employees as toll enforcement officers; however, any

  3  such toll enforcement officer must successfully meet the

  4  training and qualifications standards for toll enforcement

  5  officers established by the Department of Transportation.

  6         (2)  COUNTIES.--

  7         (a)  The sheriff's office of each of the several

  8  counties of this state shall enforce all of the traffic laws

  9  of this state on all the streets and highways thereof and

10  elsewhere throughout the county wherever the public has the

11  right to travel by motor vehicle.  In addition, the sheriff's

12  office may be required by the county to enforce the traffic

13  laws of this state on any private or limited access road or

14  roads over which the county has jurisdiction pursuant to a

15  written agreement entered into under s. 316.006(3)(b).

16         (b)  The sheriff's office of each county may employ as

17  a traffic crash investigation officer any individual who

18  successfully completes at least 200 hours of instruction in

19  traffic crash investigation and court presentation through the

20  Selective Traffic Enforcement Program (STEP) as approved by

21  the Criminal Justice Standards and Training Commission and

22  funded through the National Highway Traffic Safety

23  Administration (NHTSA) or a similar program approved by the

24  commission, but who does not necessarily otherwise meet the

25  uniform minimum standards established by the commission for

26  law enforcement officers or auxiliary law enforcement officers

27  under chapter 943. Any such traffic crash investigation

28  officer who makes an investigation at the scene of a traffic

29  crash may issue traffic citations when, based upon personal

30  investigation, he or she has reasonable and probable grounds

31  to believe that a person who was involved has committed an

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  offense under this chapter in connection with the crash. This

  2  paragraph does not permit the carrying of firearms or other

  3  weapons, nor do such officers have arrest authority other than

  4  for the issuance of a traffic citation as authorized in this

  5  paragraph.

  6         (c)  The sheriff's office of each of the several

  7  counties of this state may employ as a parking enforcement

  8  specialist any individual who successfully completes a

  9  training program established and approved by the Criminal

10  Justice Standards and Training Commission for parking

11  enforcement specialists, but who does not necessarily

12  otherwise meet the uniform minimum standards established by

13  the commission for law enforcement officers or auxiliary or

14  part-time officers under s. 943.12.

15         1.  A parking enforcement specialist employed by the

16  sheriff's office of each of the several counties of this state

17  is authorized to enforce all state and county laws,

18  ordinances, regulations, and official signs governing parking

19  within the unincorporated areas of the county by appropriate

20  state or county citation and may issue such citations for

21  parking in violation of signs erected pursuant to s.

22  316.006(3) at parking areas located on property owned or

23  leased by a county, whether or not such areas are within the

24  boundaries of a chartered municipality.

25         2.  A parking enforcement specialist employed pursuant

26  to this subsection shall not carry firearms or other weapons

27  or have arrest authority.

28         (3)  MUNICIPALITIES.--

29         (a)  The police department of each chartered

30  municipality shall enforce the traffic laws of this state on

31  all the streets and highways thereof and elsewhere throughout

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  the municipality wherever the public has the right to travel

  2  by motor vehicle.  In addition, the police department may be

  3  required by a municipality to enforce the traffic laws of this

  4  state on any private or limited access road or roads over

  5  which the municipality has jurisdiction pursuant to a written

  6  agreement entered into under s. 316.006(2)(b).  However,

  7  nothing in this chapter shall affect any law, general,

  8  special, or otherwise, in effect on January 1, 1972, relating

  9  to "hot pursuit" without the boundaries of the municipality.

10         (b)  The police department of a chartered municipality

11  may employ as a traffic crash investigation officer any

12  individual who successfully completes at least 200 hours of

13  instruction in traffic crash investigation and court

14  presentation through the Selective Traffic Enforcement Program

15  (STEP) as approved by the Criminal Justice Standards and

16  Training Commission and funded through the National Highway

17  Traffic Safety Administration (NHTSA) or a similar program

18  approved by the commission, but who does not otherwise meet

19  the uniform minimum standards established by the commission

20  for law enforcement officers or auxiliary law enforcement

21  officers under chapter 943. Any such traffic crash

22  investigation officer who makes an investigation at the scene

23  of a traffic crash is authorized to issue traffic citations

24  when, based upon personal investigation, he or she has

25  reasonable and probable grounds to believe that a person

26  involved has committed an offense under the provisions of this

27  chapter in connection with the crash. Nothing in this

28  paragraph shall be construed to permit the carrying of

29  firearms or other weapons, nor shall such officers have arrest

30  authority other than for the issuance of a traffic citation as

31  authorized above.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         (c)1.  A chartered municipality or its authorized

  2  agency or instrumentality may employ as a parking enforcement

  3  specialist any individual who successfully completes a

  4  training program established and approved by the Criminal

  5  Justice Standards and Training Commission for parking

  6  enforcement specialists, but who does not otherwise meet the

  7  uniform minimum standards established by the commission for

  8  law enforcement officers or auxiliary or part-time officers

  9  under s. 943.12.

10         2.  A parking enforcement specialist employed by a

11  chartered municipality or its authorized agency or

12  instrumentality is authorized to enforce all state, county,

13  and municipal laws and ordinances governing parking within the

14  boundaries of the municipality employing the specialist, by

15  appropriate state, county, or municipal traffic citation.

16  Nothing in this paragraph shall be construed to permit the

17  carrying of firearms or other weapons, nor shall such a

18  parking enforcement specialist have arrest authority.

19         (4)(a)  Any sheriff's department, or any police

20  department of a municipality, may employ as a traffic control

21  officer any individual who successfully completes at least 8

22  hours of instruction in traffic control procedures through a

23  program approved by the Division of Criminal Justice Standards

24  and Training of the Department of Law Enforcement, or through

25  a similar program offered by the local sheriff's department or

26  police department, but who does not necessarily otherwise meet

27  the uniform minimum standards established by the Criminal

28  Justice Standards and Training Commission for law enforcement

29  officers or auxiliary law enforcement officers under s.

30  943.13. A traffic control officer employed pursuant to this

31  subsection may direct traffic or operate a traffic control

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  device only at a fixed location and only upon the direction of

  2  a fully qualified law enforcement officer; however, it is not

  3  necessary that the traffic control officer's duties be

  4  performed under the immediate supervision of a fully qualified

  5  law enforcement officer.

  6         (b)  In the case of a special event or activity in

  7  relation to which a nongovernmental entity is paying for

  8  traffic control on public streets, highways, or roads, traffic

  9  control officers may be employed to perform such traffic

10  control responsibilities only when off-duty, full-time law

11  enforcement officers, as defined in s. 943.10(1), are

12  unavailable to perform those responsibilities. However, this

13  paragraph may not be construed to limit the use of traffic

14  infraction enforcement officers for traffic enforcement

15  purposes.

16         (c)  This subsection does not permit the carrying of

17  firearms or other weapons, nor do traffic control officers

18  have arrest authority.

19         (5)(a)  Any sheriff's department or police department

20  of a municipality may employ, as a traffic infraction

21  enforcement officer, any individual who successfully completes

22  at least 200 hours of instruction in traffic enforcement

23  procedures and court presentation through the Selective

24  Traffic Enforcement Program as approved by the Division of

25  Criminal Justice Standards and Training of the Department of

26  Law Enforcement, or through a similar program, but who does

27  not necessarily otherwise meet the uniform minimum standards

28  established by the Criminal Justice Standards and Training

29  Commission for law enforcement officers or auxiliary law

30  enforcement officers under s. 943.13.  Any such traffic

31  infraction enforcement officer who observes the commission of

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1  a traffic infraction or, in the case of a parking infraction,

  2  who observes an illegally parked vehicle may issue a traffic

  3  citation for the infraction when, based upon personal

  4  investigation, he or she has reasonable and probable grounds

  5  to believe that an offense has been committed which

  6  constitutes a noncriminal traffic infraction as defined in s.

  7  318.14.

  8         (b)  The traffic enforcement officer shall be employed

  9  in relationship to a selective traffic enforcement program at

10  a fixed location or as part of a crash investigation team at

11  the scene of a vehicle crash or in other types of traffic

12  infraction enforcement under the direction of a fully

13  qualified law enforcement officer; however, it is not

14  necessary that the traffic infraction enforcement officer's

15  duties be performed under the immediate supervision of a fully

16  qualified law enforcement officer.

17         (c)  This subsection does not permit the carrying of

18  firearms or other weapons, nor do traffic infraction

19  enforcement officers have arrest authority other than the

20  authority to issue a traffic citation as provided in this

21  subsection.

22         (6)  MOBILE HOME PARK RECREATION

23  DISTRICTS.--Notwithstanding subsection (2) or subsection (3),

24  the sheriff's office of each of the several counties of this

25  state and the police department of each chartered municipality

26  have authority, but are not required, to enforce the traffic

27  laws of this state on any way or place used for vehicular

28  traffic on a controlled access basis within a mobile home park

29  recreation district which has been created under s. 418.30 and

30  the recreational facilities of which district are open to the

31  general public.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2036
    18-819A-01




  1         (7)  CONSTRUCTION OF CHAPTER 87-88, LAWS OF

  2  FLORIDA.--For purposes of traffic control and enforcement,

  3  nothing in chapter 87-88, Laws of Florida, shall be construed

  4  to classify any road which has been dedicated or impliedly

  5  dedicated for public use, and which has been constructed and

  6  is open to the use of the public for vehicular traffic, as a

  7  private road or driveway.

  8         (8)  TRAFFIC ENFORCEMENT AGENCY.--Any agency or

  9  governmental entity designated in subsection (1), subsection

10  (2), or subsection (3), including a university, a community

11  college, a school board, or an airport authority, is a traffic

12  enforcement agency for purposes of s. 316.650.

13         Section 13.  This act shall take effect July 1, 2001.

14

15            *****************************************

16                          SENATE SUMMARY

17    Revises provisions governing the Criminal Justice
      Standards and Training Commission relating to powers and
18    duties; certification of schools; physicals and
      fingerprints of correctional officers; exemptions from
19    training; remediation programs; concurrent certification;
      approval of training courses, subpoenas, and
20    certificates; fees; specialized training program;
      assessment of costs; and education course requirements.
21    (See bill for details.)

22

23

24

25

26

27

28

29

30

31

                                  27

CODING: Words stricken are deletions; words underlined are additions.