HB 0335 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to employment and appointment of law
13	enforcement officers, correctional officers, and
14	correctional probation officers; amending s. 943.12, F.S.;
15	providing authority of the Criminal Justice Standards and
16	Training Commission to certify, and revoke the
17	certification of, agency inservice training instructors;
18	amending s. 943.13, F.S.; revising a condition for
19	exemption from the requirement of basic recruit training
20	for applicants for employment or appointment as a full-
21	time, part-time, or auxiliary law enforcement officer,
22	correctional officer, or correctional probation officer;
23	amending s. 943.131, F.S.; revising and providing
24	additional requirements and conditions of eligibility with
25	respect to temporary employment or appointment as a law
26	enforcement officer, correctional officer, or correctional
27	probation officer; increasing the maximum period of
28	temporary employment or appointment as an officer;
29	providing ineligibility of temporarily employed or
30	appointed officers for transfer to another employer;
31	amending s. 943.1395, F.S.; providing qualifications for
32	certified officers who have separated from employment or
33	appointment and who have not been reemployed or
34	reappointed by an employing agency within a specified time
35	period; providing that temporarily employed or appointed
36	officers are subject to disciplinary action by the
37	Criminal Justice Standards and Training Commission;
38	providing that persons who have been the subject of such
39	disciplinary action are ineligible for temporary
40	employment or appointment; providing requirements and
41	authority of the commission with respect to such
42	disciplinary action; providing that an officer whose
43	certification has been revoked is ineligible for temporary
44	employment or appointment as an officer; amending s.
45	943.17, F.S.; exempting entrants into academies certified
46	to instruct basic skills training from specified
47	vocational-preparatory instruction; reenacting s.
48	943.173(3), F.S., relating to exemption from public
49	records requirements for specified examinations,
50	assessments, and instruments associated with basic recruit
51	training programs, officer certification, and advanced and
52	career development programs, to incorporate the amendments
53	to s. 943.13, F.S., in references thereto; providing an
54	effective date.
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56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1. Subsection (3) of section 943.12, Florida
59	Statutes, is amended to read:
60	943.12 Powers, duties, and functions of the
61	commission.--The commission shall:
62	(3) Certify, and revoke the certification of, officers,
63	instructors, including agency inservice training instructors,
64	and criminal justice training schools.
65	Section 2. Subsection (9) of section 943.13, Florida
66	Statutes, is amended to read:
67	943.13 Officers' minimum qualifications for employment or
68	appointment.--On or after October 1, 1984, any person employed
69	or appointed as a full-time, part-time, or auxiliary law
70	enforcement officer or correctional officer; on or after October
71	1, 1986, any person employed as a full-time, part-time, or
72	auxiliary correctional probation officer; and on or after
73	October 1, 1986, any person employed as a full-time, part-time,
74	or auxiliary correctional officer by a private entity under
75	contract to the Department of Corrections, to a county
76	commission, or to the Correctional Privatization Commission
77	shall:
78	(9) Complete a commission-approved basic recruit training
79	program for the applicable criminal justice discipline, unless
80	exempt under this subsection. An applicant who has:
81	(a) Completed a comparable basic recruit training program
82	for the applicable criminal justice discipline in another state
83	or for the Federal Government; and
84	(b) Served as a full-time sworn officer in another state
85	or for the Federal Government for at least 1 year, provided
86	there is no more than an 8-year break in employment, as
87	calculated from the date of separation from the most recent
88	qualifying employment to the time a complete application is
89	submitted for an exemption under this section,
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91	is exempt in accordance with s. 943.131(2) from completing the
92	commission-approved basic recruit training program.
93	Section 3. Section 943.131, Florida Statutes, is amended
94	to read:
95	943.131 Temporary employment or appointment; minimum basic
96	recruit training exemption.--
97	(1)(a) An employing agency may temporarily employ or
98	appoint a person who complies with the qualifications for
99	employment in s. 943.13(1)-(8), but has not fulfilled the
100	requirements of s. 943.13(9) and (10), if a critical need exists
101	to employ or appoint the person and such person is or will be
102	enrolled in the next approved basic recruit training program
103	available in the geographic area or that no assigned state
104	training program for state officers is available within a
105	reasonable time. The employing agency must maintain
106	documentation which demonstrates that a critical need exists to
107	employ a person pursuant to this section. Prior to the
108	employment or appointment of any person other than a
109	correctional probation officer under this subsection, the person
110	shall comply with the firearms provisions established pursuant
111	to s. 943.17(1)(a). Any person temporarily employed or appointed
112	as an officer under this subsection must attend the first
113	training program offered in the geographic area, or the first
114	assigned state training program for a state officer, subsequent
115	to his or her employment or appointment. A person temporarily
116	employed or appointed as an officer under this subsection must
117	begin basic recruit training within 180 consecutive days after
118	employment. Such person must fulfill the requirements of s.
119	943.13(9) within 18 months after beginning basic recruit
120	training and must fulfill the certification examination
121	requirements of s. 943.13(10) within 180 consecutive days after
122	completing basic recruit training. A person hired after he or
123	she has commenced basic recruit training or after the completion
124	of basic recruit training must fulfill the certification
125	examination requirements of s. 943.13(10) within 180 consecutive
126	days after the completion of basic recruit training or the
127	commencement of employment, whichever occurs later.Further,
128	upon successful completion of the basic recruit training
129	program, any person temporarily employed or appointed as an
130	officer must fulfill the requirements of s. 943.13(10) within
131	180 consecutive days.
132	(b) In no case may the person be temporarily employed or
133	appointed for more than 30 months180 consecutive days, and such
134	temporary employment or appointment is not renewable by the
135	employing agency or transferable to another employing agency. A
136	person shall not be eligible to transfer to another employer
137	while employed pursuant to this subsection.However, a person
138	who is temporarily employed or appointed and is attending the
139	first training program offered in the geographic area, or has
140	been assigned to a state training program, may notcontinue to
141	be temporarily employed or appointed ifuntilthe person:
142	1. Successfully completes the basic recruit training
143	program and achieves an acceptable score on the officer
144	certification examination;
145	1.2.Fails or withdraws from a basic recruit training
146	program within the time limits specified in this subsection;
147	2.3.Fails to achieve an acceptable score on the officer
148	certification examination within 180 consecutive days after the
149	successful completion of the basic recruit training program
150	within the time limits specified in this subsection; or
151	3.4.Is separated from employment or appointment by the
152	employing agency within the time limits specified in this
153	subsection.
154	(c) No person temporarily employed or appointed under the
155	provisions of this subsection may perform the duties of an
156	officer unless he or she is adequately supervised by another
157	officer of the same discipline. The supervising officer must be
158	in full compliance with the provisions of s. 943.13 and must be
159	employed or appointed by the employing agency.
160	(d) Persons employed under this subsection are subject to
161	the provisions of s. 943.1395.
162	(e) Persons who have had a certification administered
163	pursuant to s. 943.1395 revoked by the commission or have
164	voluntarily relinquished such certification shall be ineligible
165	for employment pursuant to this subsection.
166	(2) If an applicant seeks an exemption from completing a
167	commission-approved basic recruit training program, the
168	employing agency must verify that the applicant has successfully
169	completed a comparable basic recruit training program for the
170	discipline in which the applicant is seeking certification in
171	another state or for the Federal Government. Further, the
172	employing agency must verify that the applicant has served as a
173	full-time sworn officer in another state or for the Federal
174	Government for at least 1 year, provided there is no more than
175	an 8-year break in employment, as calculated from the date of
176	separation from the most recent qualifying employment to the
177	time a complete application is submitted for an exemption under
178	this section. When the employing agency obtains written
179	documentation regarding the applicant's criminal justice
180	experience, the documentation must be submitted to the
181	commission. The commission shall adopt rules that establish
182	criteria and procedures to determine if the applicant is exempt
183	from completing the commission-approved basic recruit training
184	program and, upon making a determination, shall notify the
185	employing agency. An applicant who is exempt from completing the
186	commission-approved basic recruit training program must
187	demonstrate proficiency in the high-liability areas, as defined
188	by commission rule, and must complete the requirements of s.
189	943.13(10) within 1 year180 daysafter receiving an exemption.
190	If the proficiencies and requirements of s. 943.13(10) are not
191	met within 1 yearthe 180 days, the applicant must complete a
192	commission-approved basic recruit training program, as required
193	by the commission by rule. Except as provided in subsection (1),
194	before the employing agency may employ or appoint the applicant
195	as an officer, the applicant must meet the minimum
196	qualifications described in s. 943.13(1)-(8), and must fulfill
197	the requirements of s. 943.13(10).
198	Section 4. Subsection (3) of section 943.1395, Florida
199	Statutes, is amended, and subsections (9) and (10) are added to
200	said section, to read:
201	943.1395 Certification for employment or appointment;
202	concurrent certification; reemployment or reappointment;
203	inactive status; revocation; suspension; investigation.--
204	(3) Any certified officer who has separated from
205	employment or appointment and who is not reemployed or
206	reappointed by an employing agency within 4 years after the date
207	of separation must meet the minimum qualifications described in
208	s. 943.13, except for the requirement found in s. 943.13(9).
209	Further, such officer must complete any training required by the
210	commission by rule. Any such officer who is not reemployed or
211	reappointed by an employing agency within 8 years after the date
212	of separation must meet the minimum qualifications described in
213	s. 943.13, including the requirement of s. 943.13(9).
214	(9) Persons employed pursuant to s. 943.131 are subject to
215	discipline by the commission. Persons who have been the subject
216	of disciplinary action pursuant to this subsection are
217	ineligible for employment or appointment under s. 943.131.
218	(a) The commission shall cause to be investigated any
219	conduct defined in subsections (6) and (7) by persons employed
220	pursuant to s. 943.131 and shall set disciplinary guidelines and
221	penalties prescribed in rule applicable to such noncertified
222	persons.
223	(b) Such disciplinary guidelines and prescribed penalties
224	must be based upon the severity of specific offenses. The
225	guidelines must provide reasonable and meaningful notice to
226	officers and to the public of penalties that may be imposed for
227	prohibited conduct. The penalties must be consistently applied
228	by the commission.
229	(c) The commission may establish violations and
230	disciplinary penalties for applicants and employing agencies for
231	intentional abuse of, or misrepresentation or fraud with respect
232	to, the waiver of requirements authorized under s. 943.131(1) in
233	demonstrated instances of critical need.
234	(10) An officer whose certification has been revoked
235	pursuant to this section shall be ineligible for employment or
236	appointment under s. 943.131.
237	Section 5. Subsection (6) is added to section 943.17,
238	Florida Statutes, to read:
239	943.17 Basic recruit, advanced, and career development
240	training programs; participation; cost; evaluation.--The
241	commission shall, by rule, design, implement, maintain,
242	evaluate, and revise entry requirements and job-related
243	curricula and performance standards for basic recruit, advanced,
244	and career development training programs and courses. The rules
245	shall include, but are not limited to, a methodology to assess
246	relevance of the subject matter to the job, student performance,
247	and instructor competency.
248	(6) Entrants into academies certified by the commission to
249	instruct basic skills training are hereby exempted from the
250	provisions of s. 1004.91.
251	Section 6. For the purpose of incorporating the amendments
252	to section 943.13, Florida Statutes, in references thereto, the
253	sections or subdivisions of Florida Statutes set forth below are
254	reenacted to read:
255	943.173 Examinations; administration; materials not public
256	records; disposal of materials.--
257	(3) All examinations, assessments, and instruments and the
258	results of examinations, other than test scores on officer
259	certification examinations, including developmental materials
260	and workpapers directly related thereto, prepared, prescribed,
261	or administered pursuant to ss. 943.13(9) or (10) and 943.17 are
262	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
263	of the State Constitution. Provisions governing access to,
264	maintenance of, and destruction of relevant documents pursuant
265	to this section shall be prescribed by rules adopted by the
266	commission.
267	Section 7. This act shall take effect upon becoming a law.