Bill Text: FL S0992 | 2021 | Regular Session | Introduced
Bill Title: Minimum Qualifications for Law Enforcement or Correctional Officers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Criminal Justice [S0992 Detail]
Download: Florida-2021-S0992-Introduced.html
Florida Senate - 2021 SB 992 By Senator Powell 30-01215-21 2021992__ 1 A bill to be entitled 2 An act relating to minimum qualifications for law 3 enforcement or correctional officers; amending s. 4 943.13, F.S.; providing additional criminal history 5 screening standards for applicants; requiring 6 applicants to pass a psychological screening; 7 requiring applicants to provide names of any prior law 8 enforcement agency employers; requiring such employers 9 in this state to provide certain information 10 concerning applicants; prohibiting the employment of 11 an applicant until information is provided by such 12 prior employers; amending ss. 409.1757, 943.131, 13 943.1395, 943.1397, 943.17296, 943.17298, 943.173, 14 943.19, and 943.253, F.S.; conforming cross 15 references; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Present subsections (6) through (11) of section 20 943.13, Florida Statutes, are renumbered as subsections (8) 21 through (13), respectively, new subsections (6) and (7) are 22 added to that section, and present subsections (4) and (8) of 23 that section are amended, to read: 24 943.13 Officers’ minimum qualifications for employment or 25 appointment.—On or after October 1, 1984, any person employed or 26 appointed as a full-time, part-time, or auxiliary law 27 enforcement officer or correctional officer; on or after October 28 1, 1986, any person employed as a full-time, part-time, or 29 auxiliary correctional probation officer; and on or after 30 October 1, 1986, any person employed as a full-time, part-time, 31 or auxiliary correctional officer by a private entity under 32 contract to the Department of Corrections, to a county 33 commission, or to the Department of Management Services shall: 34 (4) Not have been convicted of any felony or of a 35 misdemeanor involving perjury or a false statement; been 36 convicted of any felony or misdemeanor involving moral 37 turpitude, including petit larceny, within the last 3 years;,or 38 have received a dishonorable discharge from any of the Armed 39 Forces of the United States. Any person who, after July 1, 1981, 40 pleads guilty or nolo contendere to or is found guilty of any 41 felony or of a misdemeanor involving perjury or a false 42 statement is not eligible for employment or appointment as an 43 officer, notwithstanding suspension of sentence or withholding 44 of adjudication. Notwithstanding this subsection, any person who 45 has pled nolo contendere to a misdemeanor involving a false 46 statement, prior to December 1, 1985, and has had such record 47 sealed or expunged shall not be deemed ineligible for employment 48 or appointment as an officer. 49 (6) Have passed a psychological examination, subsequent to 50 a conditional offer of employment, conducted under the 51 supervision of a licensed psychologist or other licensed mental 52 health professional, as defined by the commission. 53 (7) Provide the names of any law enforcement agencies that 54 he or she has previously been employed by. 55 (a) Any sheriff, chief of police, or other law enforcement 56 agency in this state shall disclose to a prospective law 57 enforcement or correctional employer any information: 58 1. Related to an arrest or prosecution of the applicant, 59 including expunged information. 60 2. Related to a civil suit regarding the applicant’s 61 employment or performance of his or her duties. 62 3. Obtained during the course of any internal investigation 63 related to the applicant’s alleged criminal conduct, use of 64 excessive force, or other official misconduct in violation of 65 the state professional standards of conduct. 66 4. Related to the applicant’s job performance which led to 67 dismissal, demotion, suspension, or transfer. 68 (b) An applicant may not be employed by another law 69 enforcement or correctional agency until the requested 70 information is received from all prior employing agencies 71 required to provide such information under this subsection. 72 (10)(8)Execute and submit to the employing agency or, if a 73 private correctional officer, submit to the appropriate 74 governmental entity an affidavit-of-applicant form, adopted by 75 the commission, attesting to his or her compliance with 76 subsections (1)-(9)subsections (1)-(7). The affidavit shall be 77 executed under oath and constitutes an official statement within 78 the purview of s. 837.06. The affidavit shall include 79 conspicuous language that the intentional false execution of the 80 affidavit constitutes a misdemeanor of the second degree. The 81 affidavit shall be retained by the employing agency. 82 Section 2. Section 409.1757, Florida Statutes, is amended 83 to read: 84 409.1757 Persons not required to be refingerprinted or 85 rescreened.—Any law to the contrary notwithstanding, human 86 resource personnel who have been fingerprinted or screened 87 pursuant to chapters 393, 394, 397, 402, and this chapter, 88 teachers who have been fingerprinted pursuant to chapter 1012, 89 and law enforcement officers who meet the requirements of s. 90 943.13, who have not been unemployed for more than 90 days 91 thereafter, and who under the penalty of perjury attest to the 92 completion of such fingerprinting or screening and to compliance 93 with this section and the standards for good moral character as 94 contained in such provisions as ss. 110.1127(2)(c), 393.0655(1), 95 394.457(6), 397.4073, 402.305(2), 409.175(6), and 943.13(9) 96943.13(7),are not required to be refingerprinted or rescreened 97 in order to comply with any caretaker screening or 98 fingerprinting requirements. 99 Section 3. Paragraph (a) of subsection (1) and subsection 100 (4) of section 943.131, Florida Statutes, are amended to read: 101 943.131 Temporary employment or appointment; minimum basic 102 recruit training exemptions.— 103 (1)(a) An employing agency may temporarily employ or 104 appoint a person who complies with the qualifications for 105 employment in s. 943.13(1)-(10)s. 943.13(1)-(8), but has not 106 fulfilled the requirements of s. 943.13(11) and (12)s.107943.13(9) and (10), if a critical need exists to employ or 108 appoint the person and such person is or will be enrolled in the 109 next approved basic recruit training program available in the 110 geographic area or that no assigned state training program for 111 state officers is available within a reasonable time. The 112 employing agency must maintain documentation which demonstrates 113 that a critical need exists to employ a person pursuant to this 114 section. Prior to the employment or appointment of any person 115 other than a correctional probation officer under this 116 subsection, the person shall comply with the firearms provisions 117 established pursuant to s. 943.17(1)(a). Any person temporarily 118 employed or appointed as an officer under this subsection must 119 attend the first training program offered in the geographic 120 area, or the first assigned state training program for a state 121 officer, subsequent to his or her employment or appointment. A 122 person temporarily employed or appointed as an officer under 123 this subsection must begin basic recruit training within 180 124 consecutive days after employment. Such person must fulfill the 125 requirements of s. 943.13(11)s. 943.13(9)within 18 months 126 after beginning basic recruit training and must fulfill the 127 certification examination requirements of s. 943.13(12)s.128943.13(10)within 180 consecutive days after completing basic 129 recruit training. A person hired after he or she has commenced 130 basic recruit training or after completion of basic recruit 131 training must fulfill the certification examination requirements 132 of s. 943.13(12)s. 943.13(10)within 180 consecutive days after 133 completion of basic recruit training or the commencement of 134 employment, whichever occurs later. 135 (4) Within 1 year after receiving an exemption, an 136 applicant who is exempt from completing the commission-approved 137 basic recruit training program must: 138 (a) Complete all additional required training as required 139 by the commission. 140 (b) Demonstrate proficiency in the high-liability areas as 141 defined by commission rule. 142 (c) Complete the requirements of s. 943.13(12)s.143943.13(10). 144 145 If the proficiencies and requirements of s. 943.13(12)s.146943.13(10)are not met within the 1-year period, the applicant 147 must seek an additional exemption as provided in this 148 subsection. Except as provided in subsection (1), before the 149 employing agency may employ or appoint the applicant as an 150 officer, the applicant must meet the minimum qualifications 151 described in s. 943.13(1)-(10)s. 943.13(1)-(8)and must fulfill 152 the requirements of s. 943.13(12)s. 943.13(10). 153 Section 4. Paragraph (a) of subsection (1), subsections 154 (3), (5), (6), and (7), and paragraph (e) of subsection (8) of 155 section 943.1395, Florida Statutes, are amended to read: 156 943.1395 Certification for employment or appointment; 157 concurrent certification; reemployment or reappointment; 158 inactive status; revocation; suspension; investigation.— 159 (1) The commission shall certify, under procedures 160 established by rule, any person for employment or appointment as 161 an officer if: 162 (a) The person complies with s. 943.13(1)-(12)s.163943.13(1)-(10); and 164 (3) Any certified officer who has separated from employment 165 or appointment and who is not reemployed or reappointed by an 166 employing agency within 4 years after the date of separation 167 must meet the minimum qualifications described in s. 943.13, 168 except for the requirement found in s. 943.13(11)s. 943.13(9). 169 Further, such officer must complete any training required by the 170 commission by rule in compliance with s. 943.131(2). Any such 171 officer who fails to comply with the requirements provided in s. 172 943.131(2) must meet the minimum qualifications described in s. 173 943.13, to include the requirement of s. 943.13(11)s.174943.13(9). 175 (5) The employing agency must conduct an internal 176 investigation if it has cause to suspect that an officer is not 177 in compliance with, or has failed to maintain compliance with, 178 s. 943.13(4) or (9)(7). If an officer is not in compliance 179 with, or has failed to maintain compliance with, s. 943.13(4) or 180 (9)(7), the employing agency must submit the investigative 181 findings and supporting information and documentation to the 182 commission in accordance with rules adopted by the commission. 183 The commission may inspect and copy an employing agency’s 184 records to ensure compliance with this subsection. 185 (6) The commission shall revoke the certification of any 186 officer who is not in compliance with the provisions of s. 187 943.13(4) or who intentionally executes a false affidavit 188 established in s. 943.13(10)s. 943.13(8), s. 943.133(2), or s. 189 943.139(2). 190 (a) The commission shall cause to be investigated any 191 ground for revocation from the employing agency pursuant to s. 192 943.139 or from the Governor, and the commission may cause 193 verifiable complaints to be investigated. Any investigation 194 initiated by the commission pursuant to this section must be 195 completed within 6 months after receipt of the completed report 196 of the disciplinary or internal affairs investigation from the 197 employing agency or Governor’s office. A verifiable complaint 198 shall be completed within 1 year after receipt of the complaint. 199 An investigation shall be considered completed upon a finding by 200 a probable cause panel of the commission. These time periods 201 shall be tolled during the appeal of a termination or other 202 disciplinary action through the administrative or judicial 203 process or during the period of any criminal prosecution of the 204 officer. 205 (b)1. The report of misconduct and all records or 206 information provided to or developed by the commission during 207 the course of an investigation conducted by the commission are 208 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 209 of the State Constitution and, except as otherwise provided by 210 law, such information shall be subject to public disclosure only 211 after a determination as to probable cause has been made or 212 until the investigation becomes inactive. 213 2. However, not more than 30 days before the results of an 214 investigation are to be presented to a probable cause panel, an 215 officer who is being investigated, or the officer’s attorney, 216 may review any documents or other information regarding the 217 investigation which was developed by or provided to the 218 commission. 219 (c) When an officer’s certification is revoked in any 220 discipline, his or her certification in any other discipline 221 shall simultaneously be revoked. 222 (7) Upon a finding by the commission that a certified 223 officer has not maintained good moral character, the definition 224 of which has been adopted by rule and is established as a 225 statewide standard, as required by s. 943.13(9)s. 943.13(7), 226 the commission may enter an order imposing one or more of the 227 following penalties: 228 (a) Revocation of certification. 229 (b) Suspension of certification for a period not to exceed 230 2 years. 231 (c) Placement on a probationary status for a period not to 232 exceed 2 years, subject to terms and conditions imposed by the 233 commission. Upon the violation of such terms and conditions, the 234 commission may revoke certification or impose additional 235 penalties as enumerated in this subsection. 236 (d) Successful completion by the officer of any basic 237 recruit, advanced, or career development training or such 238 retraining deemed appropriate by the commission. 239 (e) Issuance of a reprimand. 240 (8) 241 (e) An administrative law judge assigned to conduct a 242 hearing under ss. 120.569 and 120.57(1) regarding allegations 243 that an officer is not in compliance with, or has failed to 244 maintain compliance with, s. 943.13(4) or (9)(7)must, in his 245 or her recommended order: 246 1. Adhere to the disciplinary guidelines and penalties set 247 forth in subsections (6) and (7) and the rules adopted by the 248 commission for the type of offense committed. 249 2. Specify, in writing, any aggravating or mitigating 250 circumstance that he or she considered in determining the 251 recommended penalty. 252 253 Any deviation from the disciplinary guidelines or prescribed 254 penalty must be based upon circumstances or factors that 255 reasonably justify the aggravation or mitigation of the penalty. 256 Any deviation from the disciplinary guidelines or prescribed 257 penalty must be explained, in writing, by the administrative law 258 judge. 259 Section 5. Subsection (4) of section 943.1397, Florida 260 Statutes, is amended to read: 261 943.1397 Officer certification examinations; fee.— 262 (4) The provisions of subsection (1) and s. 943.13(12)s.263943.13(10)do not apply to an applicant who was enrolled in a 264 commission-approved basic recruit training program prior to July 265 1, 1993. 266 Section 6. Section 943.17296, Florida Statutes, is amended 267 to read: 268 943.17296 Training in identifying and investigating elder 269 abuse and neglect.—Each certified law enforcement officer must 270 successfully complete training on identifying and investigating 271 elder abuse and neglect as a part of the basic recruit training 272 of the officer required in s. 943.13(11)s. 943.13(9)or 273 continuing education under s. 943.135(1) before June 30, 2011. 274 The training shall be developed in consultation with the 275 Department of Elderly Affairs and the Department of Children and 276 Families and must incorporate instruction on the identification 277 of and appropriate responses for persons suffering from dementia 278 and on identifying and investigating elder abuse and neglect. If 279 an officer fails to complete the required training, his or her 280 certification is inactive until the employing agency notifies 281 the commission that the officer has completed the training. 282 Section 7. Section 943.17298, Florida Statutes, is amended 283 to read: 284 943.17298 Training in the recognition of and responses to 285 head trauma and brain injury in a child under 6 years of age. 286 The commission shall establish standards for the instruction of 287 law enforcement officers in the subject of recognition of and 288 responses to head trauma and brain injury in a child under 6 289 years of age to aid an officer in the detection of head trauma 290 and brain injury due to child abuse. Each law enforcement 291 officer must successfully complete the training as part of the 292 basic recruit training for a law enforcement officer, as 293 required under s. 943.13(11)s. 943.13(9), or as a part of 294 continuing training or education required under s. 943.135(1), 295 before July 1, 2022. 296 Section 8. Subsection (3) of section 943.173, Florida 297 Statutes, is amended to read: 298 943.173 Examinations; administration; materials not public 299 records; disposal of materials.— 300 (3) All examinations, assessments, and instruments and the 301 results of examinations, other than test scores on officer 302 certification examinations, including developmental materials 303 and workpapers directly related thereto, prepared, prescribed, 304 or administered pursuant to ss. 943.13(11) or (12)ss. 943.13(9)305or (10)and 943.17 are exempt from the provisions of s. 306 119.07(1) and s. 24(a), Art. I of the State Constitution. 307 Provisions governing access to, maintenance of, and destruction 308 of relevant documents pursuant to this section shall be 309 prescribed by rules adopted by the commission. 310 Section 9. Subsection (1) of section 943.19, Florida 311 Statutes, is amended to read: 312 943.19 Saving clause.— 313 (1) Any full-time, part-time, or auxiliary law enforcement 314 or correctional officer duly certified by the commission and 315 employed or appointed as of September 30, 1984, and any 316 correctional probation officer employed or appointed as of 317 September 30, 1986, and any correctional probation officer 318 employed in an institution as of September 30, 1989, is not 319 required to comply with s. 943.13(5) and (10)(8)as a condition 320 of continued employment or appointment with his or her current 321 employing agency. 322 Section 10. Section 943.253, Florida Statutes, is amended 323 to read: 324 943.253 Exemption; elected officers.—Elected officers are 325 exempt from the requirements of ss. 943.085-943.25. However, an 326 elected officer may participate in the programs and benefits 327 under ss. 943.085-943.25 if he or she complies with s. 328 943.13(1)-(9)s. 943.13(1)-(7). 329 Section 11. This act shall take effect July 1, 2021.