Senate Bill sb0410c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 410

    By the Committee on Criminal Justice; and Senator Baker





    591-1820-06

  1                      A bill to be entitled

  2         An act relating to employment requirements for

  3         law enforcement personnel; amending s. 943.13,

  4         F.S.; revising the presumption of disability

  5         for certain law enforcement, correctional, and

  6         correctional probation officers; amending s.

  7         943.137, F.S.; authorizing the establishment of

  8         tobacco-use standards; providing an effective

  9         date.

10  

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

12  

13         Section 1.  Subsection (6) of section 943.13, Florida

14  Statutes, is amended to read:

15         943.13  Officers' minimum qualifications for employment

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

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

18  law enforcement officer or correctional officer; on or after

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

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

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

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

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

24  county commission, or to the Department of Management Services

25  shall:

26         (6)(a)  Have passed a physical examination by a

27  licensed physician, physician assistant, or certified advanced

28  registered nurse practitioner, based on specifications

29  established by the commission.

30         (b)  In order to be eligible for the presumption set

31  forth in s. 112.18 while employed with an employing agency, a

                                  1

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






    Florida Senate - 2006                            CS for SB 410
    591-1820-06




 1  law enforcement officer, correctional officer, or correctional

 2  probation officer shall have successfully passed the physical

 3  examination required by paragraph (a) upon entering into

 4  service as a law enforcement officer, correctional officer, or

 5  correctional probation officer with the employing agency,

 6  which examination failed to reveal any evidence of

 7  tuberculosis, heart disease, or hypertension. In no event may

 8  a law enforcement officer, correctional officer, or

 9  correctional probation officer use a physical examination from

10  a former employing agency for purposes of claiming the

11  presumption set forth in s. 112.18 against the current

12  employing agency.

13         Section 2.  Subsection (1) of section 943.137, Florida

14  Statutes, is amended to read:

15         943.137  Establishment of qualifications and standards

16  above the minimum.--

17         (1)  Nothing herein may be construed to preclude an

18  employing agency from establishing qualifications and

19  standards for employment, appointment, training, or promotion

20  of officers that exceed the minimum requirements set by ss.

21  943.13 and 943.17, including establishing tobacco-use

22  standards.

23         Section 3.  This act shall take effect October 1, 2006.

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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






    Florida Senate - 2006                            CS for SB 410
    591-1820-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 410

 3                                 

 4  -    Provides that, in order to be eligible for the
         presumption set forth in s. 112.18, F.S., that a
 5       condition or impairment of health caused by tuberculosis,
         heart disease, or hypertension resulting in total or
 6       partial disability or death is accidental or suffered in
         the line of duty, a law enforcement officer, correctional
 7       officer, or correctional probation officer, while
         employed with an employing agency, shall have
 8       successfully passed the physical examination required by
         s. 943.13, F.S., upon entering into service as such
 9       officer with the employing agency, which examination
         failed to reveal any evidence of tuberculosis, heart
10       disease, or hypertension.

11  -    Provides that in no event may a law enforcement officer,
         correctional officer, or correctional probation officer
12       use a physical examination from a former employing agency
         for purposes of claiming the disability presumption set
13       forth in s. 112.18, F.S., against the current employing
         agency.
14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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