Bill Text: FL S0470 | 2018 | Regular Session | Comm Sub
Bill Title: Law Enforcement and Correctional Officers
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-06 - Laid on Table, refer to CS/HB 333 [S0470 Detail]
Download: Florida-2018-S0470-Comm_Sub.html
Florida Senate - 2018 CS for CS for SB 470 By the Committees on Appropriations; and Military and Veterans Affairs, Space, and Domestic Security; and Senator Stargel 576-03298-18 2018470c2 1 A bill to be entitled 2 An act relating to law enforcement and correctional 3 officers; amending s. 943.10, F.S.; defining the term 4 “special operations forces”; amending s. 943.13, F.S.; 5 authorizing a full-time, part-time, or auxiliary 6 correctional officer to be employed at 18 years of 7 age; exempting former special operations forces 8 members who meet certain requirements from the 9 Criminal Justice Standards and Training Commission 10 approved basic recruit training program; amending s. 11 943.131, F.S.; requiring an employing agency, training 12 center, or criminal justice selection center to verify 13 and document that special operations forces applicants 14 meet certain requirements if the applicants seek an 15 exemption from a basic recruit training program 16 approved by the commission; requiring the employing 17 agency, training center, or criminal justice selection 18 center to submit the documentation to the commission; 19 creating s. 944.145, F.S.; prohibiting a correctional 20 officer who is under 19 years of age from supervising 21 inmates; authorizing a correctional officer who is 22 under 19 years of age to perform all other tasks 23 performed by a full-time, part-time, or auxiliary 24 correctional officer; reenacting ss. 943.1395(3) and 25 943.17296, F.S., relating to certification for 26 employment or appointment as an officer and training 27 in identifying and investigating elder abuse and 28 neglect, respectively, to incorporate the amendment 29 made to s. 943.13, F.S., in references thereto; 30 reenacting ss. 626.989(7), 943.133(1) and (6), and 31 943.1395(3), (9), and (10), F.S., relating to 32 investigations by the Division of Investigative and 33 Forensic Services, the responsibilities of certain 34 employing entities, and certification for certain 35 employment or appointment, respectively, to 36 incorporate the amendment made to s. 943.131, F.S., in 37 references thereto; providing an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Subsection (22) is added to section 943.10, 42 Florida Statutes, to read: 43 943.10 Definitions; ss. 943.085-943.255.—The following 44 words and phrases as used in ss. 943.085-943.255 are defined as 45 follows: 46 (22) “Special operations forces” means those active and 47 reserve component forces of the military services designated by 48 the Secretary of Defense and specifically organized, trained, 49 and equipped to conduct and support special operations. The term 50 includes servicemembers of the United States Army Special 51 Forces; the United States Army 75th Ranger Regiment; the United 52 States Navy SEALs and Special Warfare Combatant-Craft Crewmen; 53 the United States Air Force Combat Control, Pararescue, and 54 Tactical Air Control Party specialists; the United States Marine 55 Corps Critical Skills Operators; and any other component of the 56 United States Special Operations Command approved by the 57 commission. 58 Section 2. Subsections (1) and (9) of section 943.13, 59 Florida Statutes, are amended to read: 60 943.13 Officers’ minimum qualifications for employment or 61 appointment.—On or after October 1, 1984, any person employed or 62 appointed as a full-time, part-time, or auxiliary law 63 enforcement officer or correctional officer; on or after October 64 1, 1986, any person employed as a full-time, part-time, or 65 auxiliary correctional probation officer; and on or after 66 October 1, 1986, any person employed as a full-time, part-time, 67 or auxiliary correctional officer by a private entity under 68 contract to the Department of Corrections, to a county 69 commission, or to the Department of Management Services shall: 70 (1) Be at least 19 years of age, except that any person 71 employed as a full-time, part-time, or auxiliary correctional 72 officer may be at least 18 years of age. 73 (9) Complete a commission-approved basic recruit training 74 program for the applicable criminal justice discipline, unless 75 exempt under this subsection. An applicant who has: 76 (a)1. Completed a comparable basic recruit training program 77 for the applicable criminal justice discipline in another state 78 or for the Federal Government; and 79 2.(b)Served as a full-time sworn officer in another state 80 or for the Federal Government for at least 1 year provided there 81 is no more than an 8-year break in employment, as measured from 82 the separation date of the most recent qualifying employment to 83 the time a complete application is submitted for an exemption 84 under this section; or,85 (b) Successfully completed a special operations forces 86 training course, served in the special operations forces for a 87 minimum of 5 years, and no more than 4 years have passed from 88 the last date of service in the special operations forces to the 89 date that a complete application is submitted for an exemption 90 under this subsection, 91 92 is exempt in accordance with s. 943.131(2) from completing athe93 commission-approved basic recruit training program. 94 Section 3. Subsection (2) of section 943.131, Florida 95 Statutes, is amended, and paragraph (a) of subsection (1) of 96 that section is republished, to read: 97 943.131 Temporary employment or appointment; minimum basic 98 recruit training exemptionsexemption.— 99 (1)(a) An employing agency may temporarily employ or 100 appoint a person who complies with the qualifications for 101 employment in s. 943.13(1)-(8), but has not fulfilled the 102 requirements of s. 943.13(9) and (10), if a critical need exists 103 to employ or appoint the person and such person is or will be 104 enrolled in the next approved basic recruit training program 105 available in the geographic area or that no assigned state 106 training program for state officers is available within a 107 reasonable time. The employing agency must maintain 108 documentation which demonstrates that a critical need exists to 109 employ a person pursuant to this section. Prior to the 110 employment or appointment of any person other than a 111 correctional probation officer under this subsection, the person 112 shall comply with the firearms provisions established pursuant 113 to s. 943.17(1)(a). Any person temporarily employed or appointed 114 as an officer under this subsection must attend the first 115 training program offered in the geographic area, or the first 116 assigned state training program for a state officer, subsequent 117 to his or her employment or appointment. A person temporarily 118 employed or appointed as an officer under this subsection must 119 begin basic recruit training within 180 consecutive days after 120 employment. Such person must fulfill the requirements of s. 121 943.13(9) within 18 months after beginning basic recruit 122 training and must fulfill the certification examination 123 requirements of s. 943.13(10) within 180 consecutive days after 124 completing basic recruit training. A person hired after he or 125 she has commenced basic recruit training or after completion of 126 basic recruit training must fulfill the certification 127 examination requirements of s. 943.13(10) within 180 consecutive 128 days after completion of basic recruit training or the 129 commencement of employment, whichever occurs later. 130 (2) If an applicant seeks an exemption from completing a 131 commission-approved basic recruit training program, the 132 employing agency, training center, or criminal justice selection 133 center must do one of the following, as appropriate: 134 (a) Verify and document that the applicant has successfully 135 completed a comparable basic recruit training program for the 136 discipline in which the applicant is seeking certification in 137 another state or for the Federal Government or a previous 138 Florida basic recruit training program. Further, the employing 139 agency, training center, or criminal justice selection center 140 must verify and document that the applicant has served as a 141 full-time sworn officer in another state or for the Federal 142 Government for at least 1 year provided there is no more than an 143 8-year break in employment or was a previously certified Florida 144 officer provided there is no more than an 8-year break in 145 employment, as measured from the separation date of the most 146 recent qualifying employment to the time a complete application 147 is submitted for an exemption under this section.WhenThe 148 employing agency, training center, or criminal justice selection 149 center shall submitobtains writtendocumentation of 150 satisfaction of this requirement to the commissionregarding the151applicant’s criminal justice experience, the documentation must152be submitted to the commission.The commission shall adopt rules153that establish criteria and procedures to determine if the154applicant is exempt from completing the commission-approved155basic recruit training program and, upon making a determination,156shall notify the employing agency or criminal justice selection157center. An applicant who is exempt from completing the158commission-approved basic recruit training program must159demonstrate proficiency in the high-liability areas, as defined160by commission rule, and must complete the requirements of s.161943.13(10) within 1 year after receiving an exemption. If the162proficiencies and requirements of s. 943.13(10) are not met163within the 1 year, the applicant must seek an additional164exemption pursuant to the requirements of this subsection.165Except as provided in subsection (1), before the employing166agency may employ or appoint the applicant as an officer, the167applicant must meet the minimum qualifications described in s.168943.13(1)-(8), and must fulfill the requirements of s.169943.13(10).170 (b) Verify and document that the applicant has successfully 171 completed a special operations forces training course and served 172 in the special operations forces for a minimum of 5 years. 173 Further, the employing agency, training center, or criminal 174 justice selection center must verify and document that no more 175 than 4 years have passed from the last date of service in the 176 special operations forces to the time a complete application is 177 submitted for an exemption under this section. The employing 178 agency, training center, or criminal justice selection center 179 shall submit documentation of satisfaction of these requirements 180 to the commission. 181 182 The commission shall adopt rules that establish criteria and 183 procedures to determine if the applicant is exempt from 184 completing the commission-approved basic recruit training 185 program and, upon making a determination, shall notify the 186 employing agency, training center, or criminal justice selection 187 center, as appropriate. An applicant who is exempt under this 188 subsection must complete training required by the commission and 189 demonstrate proficiency in the high-liability areas as defined 190 by commission rule and complete the requirements of s. 191 943.13(10) within 1 year after receiving an exemption. 192 If the proficiencies and requirements of s. 943.13(10) are not 193 met within the 1-year period, the applicant must seek an 194 additional exemption pursuant to the requirements of this 195 subsection. Except as provided in subsection (1), before the 196 employing agency may employ or appoint the applicant as an 197 officer, the applicant must meet the minimum qualifications 198 described in s. 943.13(1)-(8), and must fulfill the requirements 199 of s. 943.13(10). 200 Section 4. Section 944.145, Florida Statutes, is created to 201 read: 202 944.145 Correctional officers under the age of 19.—A 203 correctional officer who is under the age of 19 years may not 204 supervise inmates, but may perform all of the other duties 205 performed by a full-time, part-time, or auxiliary correctional 206 officer. 207 Section 5. For the purpose of incorporating the amendment 208 made by this act to section 943.13, Florida Statutes, in a 209 reference thereto, subsection (3) of section 943.1395, Florida 210 Statutes, is reenacted to read: 211 943.1395 Certification for employment or appointment; 212 concurrent certification; reemployment or reappointment; 213 inactive status; revocation; suspension; investigation.— 214 (3) Any certified officer who has separated from employment 215 or appointment and who is not reemployed or reappointed by an 216 employing agency within 4 years after the date of separation 217 must meet the minimum qualifications described in s. 943.13, 218 except for the requirement found in s. 943.13(9). Further, such 219 officer must complete any training required by the commission by 220 rule in compliance with s. 943.131(2). Any such officer who 221 fails to comply with the requirements provided in s. 943.131(2) 222 must meet the minimum qualifications described in s. 943.13, to 223 include the requirement of s. 943.13(9). 224 Section 6. For the purpose of incorporating the amendment 225 made by this act to section 943.13, Florida Statutes, in a 226 reference thereto, section 943.17296, Florida Statutes, is 227 reenacted to read: 228 943.17296 Training in identifying and investigating elder 229 abuse and neglect.—Each certified law enforcement officer must 230 successfully complete training on identifying and investigating 231 elder abuse and neglect as a part of the basic recruit training 232 of the officer required in s. 943.13(9) or continuing education 233 under s. 943.135(1) before June 30, 2011. The training shall be 234 developed in consultation with the Department of Elderly Affairs 235 and the Department of Children and Families and must incorporate 236 instruction on the identification of and appropriate responses 237 for persons suffering from dementia and on identifying and 238 investigating elder abuse and neglect. If an officer fails to 239 complete the required training, his or her certification is 240 inactive until the employing agency notifies the commission that 241 the officer has completed the training. 242 Section 7. For the purpose of incorporating the amendment 243 made by this act to section 943.131, Florida Statutes, in a 244 reference thereto, subsection (7) of section 626.989, Florida 245 Statutes, is reenacted to read: 246 626.989 Investigation by department or Division of 247 Investigative and Forensic Services; compliance; immunity; 248 confidential information; reports to division; division 249 investigator’s power of arrest.— 250 (7) Division investigators shall have the power to make 251 arrests for criminal violations established as a result of 252 investigations. Such investigators shall also be considered 253 state law enforcement officers for all purposes and shall have 254 the power to execute arrest warrants and search warrants; to 255 serve subpoenas issued for the examination, investigation, and 256 trial of all offenses; and to arrest upon probable cause without 257 warrant any person found in the act of violating any of the 258 provisions of applicable laws. Investigators empowered to make 259 arrests under this section shall be empowered to bear arms in 260 the performance of their duties. In such a situation, the 261 investigator must be certified in compliance with the provisions 262 of s. 943.1395 or must meet the temporary employment or 263 appointment exemption requirements of s. 943.131 until 264 certified. 265 Section 8. For the purpose of incorporating the amendment 266 made by this act to section 943.131, Florida Statutes, in 267 references thereto, subsections (1) and (6) of section 943.133, 268 Florida Statutes, are reenacted to read: 269 943.133 Responsibilities of employing agency, commission, 270 and program with respect to compliance with employment 271 qualifications and the conduct of background investigations; 272 injunctive relief.— 273 (1) The employing agency is fully responsible for the 274 collection, verification, and maintenance of documentation 275 establishing that an applicant complies with the requirements of 276 ss. 943.13 and 943.131, and any rules adopted pursuant to ss. 277 943.13 and 943.131. 278 (6) If an employing agency employs or appoints an officer 279 in violation of this section or of s. 943.13, s. 943.131, or s. 280 943.135, or any rules adopted pursuant thereto, the Department 281 of Legal Affairs, at the request of the chair of the commission, 282 shall apply to the circuit court in the county of the employing 283 agency for injunctive relief prohibiting the employment or 284 appointment of the person contrary to this section. 285 Section 9. For the purpose of incorporating the amendment 286 made by this act to section 943.131, Florida Statutes, in 287 references thereto, subsections (3), (9), and (10) of section 288 943.1395, Florida Statutes, are reenacted to read: 289 943.1395 Certification for employment or appointment; 290 concurrent certification; reemployment or reappointment; 291 inactive status; revocation; suspension; investigation.— 292 (3) Any certified officer who has separated from employment 293 or appointment and who is not reemployed or reappointed by an 294 employing agency within 4 years after the date of separation 295 must meet the minimum qualifications described in s. 943.13, 296 except for the requirement found in s. 943.13(9). Further, such 297 officer must complete any training required by the commission by 298 rule in compliance with s. 943.131(2). Any such officer who 299 fails to comply with the requirements provided in s. 943.131(2) 300 must meet the minimum qualifications described in s. 943.13, to 301 include the requirement of s. 943.13(9). 302 (9) Each person employed pursuant to s. 943.131 is subject 303 to discipline by the commission. Persons who have been subject 304 to disciplinary action pursuant to this subsection are 305 ineligible for employment or appointment under s. 943.131. 306 (a) The commission shall cause to be investigated any 307 conduct defined in subsection (6) or subsection (7) by a person 308 employed under s. 943.131 and shall set disciplinary guidelines 309 and penalties prescribed in rules applicable to such 310 noncertified persons. 311 (b) The disciplinary guidelines and prescribed penalties 312 must be based upon the severity of specific offenses. The 313 guidelines must provide reasonable and meaningful notice to 314 officers and to the public of penalties that may be imposed for 315 prohibited conduct. The penalties must be consistently applied 316 by the commission. 317 (c) In addition, the commission may establish violations 318 and disciplinary penalties for intentional abuse of the 319 employment option provided by s. 943.131 by an individual or 320 employing agency. 321 (10) An officer whose certification has been revoked 322 pursuant to this section shall be ineligible for employment or 323 appointment under s. 943.131. 324 Section 10. This act shall take effect July 1, 2018.