Florida Senate - 2017                                     SB 960
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01359-17                                            2017960__
    1                        A bill to be entitled                      
    2         An act relating to law enforcement certification;
    3         amending s. 943.13, F.S.; requiring law enforcement,
    4         correctional, and correctional probation officers to
    5         pass a job-related psychological evaluation performed
    6         by a mental health professional before initial
    7         employment or appointment; conforming a cross
    8         reference; amending s. 943.135, F.S.; requiring all
    9         officers to pass such psychological evaluation every 4
   10         years as a condition of continued employment or
   11         appointment; amending s. 943.14, F.S.; requiring all
   12         criminal justice training schools to receive a
   13         specified national accreditation by a certain date;
   14         amending ss. 409.1757, 943.131, 943.1395, 943.1397,
   15         943.17296, 943.173, 943.19, and 943.253, F.S.;
   16         conforming cross-references; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsections (7) through (11) of section 943.13,
   22  Florida Statutes, are renumbered as subsections (8) through
   23  (12), respectively, a new subsection (7) is added to that
   24  section, and present subsection (8) is amended, to read:
   25         943.13 Officers’ minimum qualifications for employment or
   26  appointment.—On or after October 1, 1984, any person employed or
   27  appointed as a full-time, part-time, or auxiliary law
   28  enforcement officer or correctional officer; on or after October
   29  1, 1986, any person employed as a full-time, part-time, or
   30  auxiliary correctional probation officer; and on or after
   31  October 1, 1986, any person employed as a full-time, part-time,
   32  or auxiliary correctional officer by a private entity under
   33  contract to the Department of Corrections, to a county
   34  commission, or to the Department of Management Services shall:
   35         (7)Have passed a job-related psychological evaluation
   36  performed by a mental health professional licensed under chapter
   37  490 or chapter 491.
   38         (9)(8) Execute and submit to the employing agency or, if a
   39  private correctional officer, submit to the appropriate
   40  governmental entity an affidavit-of-applicant form, adopted by
   41  the commission, attesting to his or her compliance with
   42  subsections (1)-(8) (1)-(7). The affidavit shall be executed
   43  under oath and constitutes an official statement within the
   44  purview of s. 837.06. The affidavit shall include conspicuous
   45  language that the intentional false execution of the affidavit
   46  constitutes a misdemeanor of the second degree. The affidavit
   47  shall be retained by the employing agency.
   48         Section 2. Subsection (1) of section 943.135, Florida
   49  Statutes, is amended to read:
   50         943.135 Requirements for continued employment.—
   51         (1) The commission shall, by rule, adopt a program that
   52  requires all officers, as a condition of continued employment or
   53  appointment as officers, to receive periodic commission-approved
   54  continuing training or education. Such continuing training or
   55  education shall be required at the rate of 40 hours every 4
   56  years, and an officer must pass a job-related psychological
   57  evaluation performed by a mental health professional licensed
   58  under chapter 490 or chapter 491 every 4 years. An No officer
   59  may not shall be denied a reasonable opportunity by the
   60  employing agency to comply with this section. The employing
   61  agency must document that the continuing training or education
   62  and the psychological evaluation are is job-related and
   63  consistent with the needs of the employing agency. The employing
   64  agency must maintain and submit, or electronically transmit, the
   65  documentation to the commission, in a format approved by the
   66  commission. The rule shall also provide:
   67         (a) Assistance to an employing agency in identifying each
   68  affected officer, the date of his or her employment or
   69  appointment, and the his or her most recent dates of his or her
   70  date for successful completion of continuing training or
   71  education and passage of the psychological evaluation; and
   72         (b) A procedure for reactivation of the certification of an
   73  officer who is not in compliance with this section.
   74         Section 3. Subsection (9) is added to section 943.14,
   75  Florida Statutes, to read:
   76         943.14 Commission-certified criminal justice training
   77  schools; certificates and diplomas; exemptions; injunctive
   78  relief; fines.—
   79         (9)On or before January 1, 2019, each criminal justice
   80  training school must receive the Public Safety Training Academy
   81  Accreditation by the Commission on Accreditation for Law
   82  Enforcement Agencies, Inc. Each criminal justice training school
   83  must maintain its accreditation with the Commission on
   84  Accreditation for Law Enforcement Agencies, Inc., or the
   85  commission shall revoke the criminal justice training school’s
   86  certificate of compliance.
   87         Section 4. Section 409.1757, Florida Statutes, is amended
   88  to read:
   89         409.1757 Persons not required to be refingerprinted or
   90  rescreened.—Any law to the contrary notwithstanding, human
   91  resource personnel who have been fingerprinted or screened
   92  pursuant to chapters 393, 394, 397, 402, and this chapter,
   93  teachers who have been fingerprinted pursuant to chapter 1012,
   94  and law enforcement officers who meet the requirements of s.
   95  943.13, who have not been unemployed for more than 90 days
   96  thereafter, and who under the penalty of perjury attest to the
   97  completion of such fingerprinting or screening and to compliance
   98  with this section and the standards for good moral character as
   99  contained in such provisions as ss. 110.1127(2)(c), 393.0655(1),
  100  394.457(6), 397.451, 402.305(2), 409.175(6), and 943.13(8)
  101  943.13(7), are not required to be refingerprinted or rescreened
  102  in order to comply with any caretaker screening or
  103  fingerprinting requirements.
  104         Section 5. Paragraph (a) of subsection (1) and subsection
  105  (2) of section 943.131, Florida Statutes, are amended to read:
  106         943.131 Temporary employment or appointment; minimum basic
  107  recruit training exemption.—
  108         (1)(a) An employing agency may temporarily employ or
  109  appoint a person who complies with the qualifications for
  110  employment in s. 943.13(1)-(9) 943.13(1)-(8), but has not
  111  fulfilled the requirements of s. 943.13(10) 943.13(9) and (11)
  112  (10), if a critical need exists to employ or appoint the person
  113  and such person is or will be enrolled in the next approved
  114  basic recruit training program available in the geographic area
  115  or that no assigned state training program for state officers is
  116  available within a reasonable time. The employing agency must
  117  maintain documentation which demonstrates that a critical need
  118  exists to employ a person pursuant to this section. Prior to the
  119  employment or appointment of any person other than a
  120  correctional probation officer under this subsection, the person
  121  shall comply with the firearms provisions established pursuant
  122  to s. 943.17(1)(a). Any person temporarily employed or appointed
  123  as an officer under this subsection must attend the first
  124  training program offered in the geographic area, or the first
  125  assigned state training program for a state officer, subsequent
  126  to his or her employment or appointment. A person temporarily
  127  employed or appointed as an officer under this subsection must
  128  begin basic recruit training within 180 consecutive days after
  129  employment. Such person must fulfill the requirements of s.
  130  943.13(10) 943.13(9) within 18 months after beginning basic
  131  recruit training and must fulfill the certification examination
  132  requirements of s. 943.13(11) 943.13(10) within 180 consecutive
  133  days after completing basic recruit training. A person hired
  134  after he or she has commenced basic recruit training or after
  135  completion of basic recruit training must fulfill the
  136  certification examination requirements of s. 943.13(11)
  137  943.13(10) within 180 consecutive days after completion of basic
  138  recruit training or the commencement of employment, whichever
  139  occurs later.
  140         (2) If an applicant seeks an exemption from completing a
  141  commission-approved basic recruit training program, the
  142  employing agency or criminal justice selection center must
  143  verify that the applicant has successfully completed a
  144  comparable basic recruit training program for the discipline in
  145  which the applicant is seeking certification in another state or
  146  for the Federal Government or a previous Florida basic recruit
  147  training program. Further, the employing agency or criminal
  148  justice selection center must verify that the applicant has
  149  served as a full-time sworn officer in another state or for the
  150  Federal Government for at least 1 year provided there is no more
  151  than an 8-year break in employment or was a previously certified
  152  Florida officer provided there is no more than an 8-year break
  153  in employment, as measured from the separation date of the most
  154  recent qualifying employment to the time a complete application
  155  is submitted for an exemption under this section. When the
  156  employing agency or criminal justice selection center obtains
  157  written documentation regarding the applicant’s criminal justice
  158  experience, the documentation must be submitted to the
  159  commission. The commission shall adopt rules that establish
  160  criteria and procedures to determine if the applicant is exempt
  161  from completing the commission-approved basic recruit training
  162  program and, upon making a determination, shall notify the
  163  employing agency or criminal justice selection center. An
  164  applicant who is exempt from completing the commission-approved
  165  basic recruit training program must demonstrate proficiency in
  166  the high-liability areas, as defined by commission rule, and
  167  must complete the requirements of s. 943.13(11) 943.13(10)
  168  within 1 year after receiving an exemption. If the proficiencies
  169  and requirements of s. 943.13(11) 943.13(10) are not met within
  170  the 1 year, the applicant must seek an additional exemption
  171  pursuant to the requirements of this subsection. Except as
  172  provided in subsection (1), before the employing agency may
  173  employ or appoint the applicant as an officer, the applicant
  174  must meet the minimum qualifications described in s. 943.13(1)
  175  (9) 943.13(1)-(8), and must fulfill the requirements of s.
  176  943.13(11) 943.13(10).
  177         Section 6. Subsections (1), (3), (5), (6), and (7) and
  178  paragraph (e) of subsection (8) of section 943.1395, Florida
  179  Statutes, are amended to read:
  180         943.1395 Certification for employment or appointment;
  181  concurrent certification; reemployment or reappointment;
  182  inactive status; revocation; suspension; investigation.—
  183         (1) The commission shall certify, under procedures
  184  established by rule, any person for employment or appointment as
  185  an officer if:
  186         (a) The person complies with s. 943.13(1)-(11) 943.13(1)
  187  (10); and
  188         (b) The employing agency complies with s. 943.133(2) and
  189  (3).
  190         (3) Any certified officer who has separated from employment
  191  or appointment and who is not reemployed or reappointed by an
  192  employing agency within 4 years after the date of separation
  193  must meet the minimum qualifications described in s. 943.13,
  194  except for the requirement found in s. 943.13(10) 943.13(9).
  195  Further, such officer must complete any training required by the
  196  commission by rule in compliance with s. 943.131(2). Any such
  197  officer who fails to comply with the requirements provided in s.
  198  943.131(2) must meet the minimum qualifications described in s.
  199  943.13, to include the requirement of s. 943.13(10) 943.13(9).
  200         (5) The employing agency must conduct an internal
  201  investigation if it has cause to suspect that an officer is not
  202  in compliance with, or has failed to maintain compliance with,
  203  s. 943.13(4) or (8) (7). If an officer is not in compliance
  204  with, or has failed to maintain compliance with, s. 943.13(4) or
  205  (8) (7), the employing agency must submit the investigative
  206  findings and supporting information and documentation to the
  207  commission in accordance with rules adopted by the commission.
  208  The commission may inspect and copy an employing agency’s
  209  records to ensure compliance with this subsection.
  210         (6) The commission shall revoke the certification of any
  211  officer who is not in compliance with the provisions of s.
  212  943.13(4) or who intentionally executes a false affidavit
  213  established in s. 943.13(9) 943.13(8), s. 943.133(2), or s.
  214  943.139(2).
  215         (a) The commission shall cause to be investigated any
  216  ground for revocation from the employing agency pursuant to s.
  217  943.139 or from the Governor, and the commission may cause
  218  verifiable complaints to be investigated. Any investigation
  219  initiated by the commission pursuant to this section must be
  220  completed within 6 months after receipt of the completed report
  221  of the disciplinary or internal affairs investigation from the
  222  employing agency or Governor’s office. A verifiable complaint
  223  shall be completed within 1 year after receipt of the complaint.
  224  An investigation shall be considered completed upon a finding by
  225  a probable cause panel of the commission. These time periods
  226  shall be tolled during the appeal of a termination or other
  227  disciplinary action through the administrative or judicial
  228  process or during the period of any criminal prosecution of the
  229  officer.
  230         (b)1. The report of misconduct and all records or
  231  information provided to or developed by the commission during
  232  the course of an investigation conducted by the commission are
  233  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  234  of the State Constitution and, except as otherwise provided by
  235  law, such information shall be subject to public disclosure only
  236  after a determination as to probable cause has been made or
  237  until the investigation becomes inactive.
  238         2. However, not more than 30 days before the results of an
  239  investigation are to be presented to a probable cause panel, an
  240  officer who is being investigated, or the officer’s attorney,
  241  may review any documents or other information regarding the
  242  investigation which was developed by or provided to the
  243  commission.
  244         (c) When an officer’s certification is revoked in any
  245  discipline, his or her certification in any other discipline
  246  shall simultaneously be revoked.
  247         (7) Upon a finding by the commission that a certified
  248  officer has not maintained good moral character, the definition
  249  of which has been adopted by rule and is established as a
  250  statewide standard, as required by s. 943.13(8) 943.13(7), the
  251  commission may enter an order imposing one or more of the
  252  following penalties:
  253         (a) Revocation of certification.
  254         (b) Suspension of certification for a period not to exceed
  255  2 years.
  256         (c) Placement on a probationary status for a period not to
  257  exceed 2 years, subject to terms and conditions imposed by the
  258  commission. Upon the violation of such terms and conditions, the
  259  commission may revoke certification or impose additional
  260  penalties as enumerated in this subsection.
  261         (d) Successful completion by the officer of any basic
  262  recruit, advanced, or career development training or such
  263  retraining deemed appropriate by the commission.
  264         (e) Issuance of a reprimand.
  265         (8)
  266         (e) An administrative law judge assigned to conduct a
  267  hearing under ss. 120.569 and 120.57(1) regarding allegations
  268  that an officer is not in compliance with, or has failed to
  269  maintain compliance with, s. 943.13(4) or (8) (7) must, in his
  270  or her recommended order:
  271         1. Adhere to the disciplinary guidelines and penalties set
  272  forth in subsections (6) and (7) and the rules adopted by the
  273  commission for the type of offense committed.
  274         2. Specify, in writing, any aggravating or mitigating
  275  circumstance that he or she considered in determining the
  276  recommended penalty.
  277  
  278  Any deviation from the disciplinary guidelines or prescribed
  279  penalty must be based upon circumstances or factors that
  280  reasonably justify the aggravation or mitigation of the penalty.
  281  Any deviation from the disciplinary guidelines or prescribed
  282  penalty must be explained, in writing, by the administrative law
  283  judge.
  284         Section 7. Subsection (4) of section 943.1397, Florida
  285  Statutes, is amended to read:
  286         943.1397 Officer certification examinations; fee.—
  287         (4) The provisions of subsection (1) and s. 943.13(11)
  288  943.13(10) do not apply to an applicant who was enrolled in a
  289  commission-approved basic recruit training program prior to July
  290  1, 1993.
  291         Section 8. Section 943.17296, Florida Statutes, is amended
  292  to read:
  293         943.17296 Training in identifying and investigating elder
  294  abuse and neglect.—Each certified law enforcement officer must
  295  successfully complete training on identifying and investigating
  296  elder abuse and neglect as a part of the basic recruit training
  297  of the officer required in s. 943.13(10) 943.13(9) or continuing
  298  education under s. 943.135(1) before June 30, 2011. The training
  299  shall be developed in consultation with the Department of
  300  Elderly Affairs and the Department of Children and Families and
  301  must incorporate instruction on the identification of and
  302  appropriate responses for persons suffering from dementia and on
  303  identifying and investigating elder abuse and neglect. If an
  304  officer fails to complete the required training, his or her
  305  certification is inactive until the employing agency notifies
  306  the commission that the officer has completed the training.
  307         Section 9. Subsection (3) of section 943.173, Florida
  308  Statutes, is amended to read:
  309         943.173 Examinations; administration; materials not public
  310  records; disposal of materials.—
  311         (3) All examinations, assessments, and instruments and the
  312  results of examinations, other than test scores on officer
  313  certification examinations, including developmental materials
  314  and workpapers directly related thereto, prepared, prescribed,
  315  or administered pursuant to ss. 943.13(10) 943.13(9) or (11)
  316  (10) and 943.17 are exempt from the provisions of s. 119.07(1)
  317  and s. 24(a), Art. I of the State Constitution. Provisions
  318  governing access to, maintenance of, and destruction of relevant
  319  documents pursuant to this section shall be prescribed by rules
  320  adopted by the commission.
  321         Section 10. Subsection (1) of section 943.19, Florida
  322  Statutes, is amended to read:
  323         943.19 Saving clause.—
  324         (1) Any full-time, part-time, or auxiliary law enforcement
  325  or correctional officer duly certified by the commission and
  326  employed or appointed as of September 30, 1984, and any
  327  correctional probation officer employed or appointed as of
  328  September 30, 1986, and any correctional probation officer
  329  employed in an institution as of September 30, 1989, is not
  330  required to comply with s. 943.13(5) and (9) (8) as a condition
  331  of continued employment or appointment with his or her current
  332  employing agency.
  333         Section 11. Section 943.253, Florida Statutes, is amended
  334  to read:
  335         943.253 Exemption; elected officers.—Elected officers are
  336  exempt from the requirements of ss. 943.085-943.25. However, an
  337  elected officer may participate in the programs and benefits
  338  under ss. 943.085-943.25 if he or she complies with s.
  339  943.13(1)-(8) 943.13(1)-(7).
  340         Section 12. This act shall take effect July 1, 2017.