Florida Senate - 2018                                     SB 470
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-00487A-18                                           2018470__
    1                        A bill to be entitled                      
    2         An act relating to temporary employment or appointment
    3         of officers; amending s. 943.10, F.S.; defining the
    4         term “special operations forces”; amending s. 943.131,
    5         F.S.; requiring an employing agency or criminal
    6         justice selection center to verify and document that
    7         certain applicants have served in the special
    8         operations forces and completed certain training if
    9         they seek an exemption from a basic recruit training
   10         program approved by the Criminal Justice Standards and
   11         Training Commission; requiring the employing agency or
   12         selection center to submit the documentation to the
   13         commission; reenacting ss. 626.989(7), 943.13(9),
   14         943.133(1) and (6), and 943.1395(3), (9), and (10),
   15         F.S., relating to investigations by the Division of
   16         Investigative and Forensic Services, officers’ minimum
   17         qualifications for employment or appointment, the
   18         responsibilities of certain employing entities, and
   19         certification for certain employment or appointment,
   20         respectively, to incorporate the amendment made to s.
   21         943.131, F.S., in references thereto; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (22) is added to section 943.10,
   27  Florida Statutes, to read:
   28         943.10 Definitions; ss. 943.085-943.255.—The following
   29  words and phrases as used in ss. 943.085-943.255 are defined as
   30  follows:
   31         (22) “Special operations forces” means those active and
   32  reserve component forces of the military services designated by
   33  the Secretary of Defense and specifically organized, trained,
   34  and equipped to conduct and support special operations. This
   35  includes, but is not limited to, servicemembers of the United
   36  States Army Special Forces with military occupational skill 18,
   37  the 75th Ranger Regiment with military occupational skill 11,
   38  and the Combat Applications Group with military occupational
   39  skills 11 and 18; the United States Navy SEALs and special
   40  warfare combatant-craft crewmen with a military occupational
   41  skill in the 5300 series; the United States Air Force special
   42  tactics air force specialty code 13CX; the United States Marine
   43  Corps critical skills operators with military occupational skill
   44  0372 and special operations officers with military occupational
   45  skill 0370; and any other component of the United States Special
   46  Operations Command approved by the commission.
   47         Section 2. Section 943.131, Florida Statutes, is amended to
   48  read:
   49         943.131 Temporary employment or appointment; minimum basic
   50  recruit training exemptions exemption.—
   51         (1)(a) An employing agency may temporarily employ or
   52  appoint a person who complies with the qualifications for
   53  employment in s. 943.13(1)-(8), but has not fulfilled the
   54  requirements of s. 943.13(9) and (10), if a critical need exists
   55  to employ or appoint the person and such person is or will be
   56  enrolled in the next approved basic recruit training program
   57  available in the geographic area or that no assigned state
   58  training program for state officers is available within a
   59  reasonable time. The employing agency must maintain
   60  documentation which demonstrates that a critical need exists to
   61  employ a person pursuant to this section. Prior to the
   62  employment or appointment of any person other than a
   63  correctional probation officer under this subsection, the person
   64  shall comply with the firearms provisions established pursuant
   65  to s. 943.17(1)(a). Any person temporarily employed or appointed
   66  as an officer under this subsection must attend the first
   67  training program offered in the geographic area, or the first
   68  assigned state training program for a state officer, subsequent
   69  to his or her employment or appointment. A person temporarily
   70  employed or appointed as an officer under this subsection must
   71  begin basic recruit training within 180 consecutive days after
   72  employment. Such person must fulfill the requirements of s.
   73  943.13(9) within 18 months after beginning basic recruit
   74  training and must fulfill the certification examination
   75  requirements of s. 943.13(10) within 180 consecutive days after
   76  completing basic recruit training. A person hired after he or
   77  she has commenced basic recruit training or after completion of
   78  basic recruit training must fulfill the certification
   79  examination requirements of s. 943.13(10) within 180 consecutive
   80  days after completion of basic recruit training or the
   81  commencement of employment, whichever occurs later.
   82         (b) In no case may the person be temporarily employed or
   83  appointed for more than 30 months. A person shall not be
   84  eligible to transfer to another employer while employed pursuant
   85  to this subsection. However, a person who is temporarily
   86  employed or appointed and is attending the first training
   87  program offered in the geographic area, or has been assigned to
   88  a state training program, may continue to be temporarily
   89  employed or appointed until the person:
   90         1. Fails or withdraws from a basic recruit training program
   91  within the time limits specified in this subsection;
   92         2. Fails to achieve an acceptable score on the officer
   93  certification examination within 180 consecutive days after the
   94  successful completion of the basic recruit training program
   95  within the time limits specified in this subsection; or
   96         3. Is separated from employment or appointment by the
   97  employing agency within the time limits specified in this
   98  subsection.
   99         (c) No person temporarily employed or appointed under the
  100  provisions of this subsection may perform the duties of an
  101  officer unless he or she is adequately supervised by another
  102  officer of the same discipline. The supervising officer must be
  103  in full compliance with the provisions of s. 943.13 and must be
  104  employed or appointed by the employing agency.
  105         (d) Persons employed under this subsection are subject to
  106  the provisions of s. 943.1395.
  107         (e) Persons who have had a certification administered
  108  pursuant to s. 943.1395 revoked by the commission or have
  109  voluntarily relinquished such certification shall be ineligible
  110  for employment pursuant to this subsection.
  111         (2) If an applicant seeks an exemption from completing a
  112  commission-approved basic recruit training program, the
  113  employing agency or criminal justice selection center must do
  114  one of the following, as appropriate:
  115         (a) Verify that the applicant has successfully completed a
  116  comparable basic recruit training program for the discipline in
  117  which the applicant is seeking certification in another state or
  118  for the Federal Government or a previous Florida basic recruit
  119  training program. Further, the employing agency or criminal
  120  justice selection center must verify and document that the
  121  applicant has served as a full-time sworn officer in another
  122  state or for the Federal Government for at least 1 year provided
  123  there is no more than an 8-year break in employment or was a
  124  previously certified Florida officer provided there is no more
  125  than an 8-year break in employment, as measured from the
  126  separation date of the most recent qualifying employment to the
  127  time a complete application is submitted for an exemption under
  128  this section. When The employing agency or criminal justice
  129  selection center shall submit obtains written documentation of
  130  satisfaction of this requirement to the commission regarding the
  131  applicant’s criminal justice experience, the documentation must
  132  be submitted to the commission.
  133         (b)Verify and document that the applicant has served in
  134  the special operations forces for a minimum of 10 years and has
  135  successfully completed a special operations forces training
  136  course. The employing agency or criminal justice selection
  137  center shall submit documentation of satisfaction of these
  138  requirements to the commission.
  139  
  140  The commission shall adopt rules that establish criteria and
  141  procedures to determine if an the applicant is exempt from
  142  completing the commission-approved basic recruit training
  143  program and, upon making such a determination, shall notify the
  144  employing agency or criminal justice selection center, as
  145  appropriate. An applicant who is exempt from completing the
  146  commission-approved basic recruit training program must
  147  demonstrate proficiency in the high-liability areas, as defined
  148  by commission rule, and must complete the requirements of s.
  149  943.13(10) within 1 year after receiving an exemption. If the
  150  proficiencies and requirements of s. 943.13(10) are not met
  151  within the 1 year, such an the applicant must seek an additional
  152  exemption pursuant to the requirements of this subsection.
  153  Except as provided in subsection (1), before an the employing
  154  agency may employ or appoint an the applicant as an officer, the
  155  applicant must meet the minimum qualifications described in s.
  156  943.13(1)-(8), and must fulfill the requirements of s.
  157  943.13(10).
  158         Section 3. For the purpose of incorporating the amendment
  159  made by this act to section 943.131, Florida Statutes, in a
  160  reference thereto, subsection (7) of section 626.989, Florida
  161  Statutes, is reenacted to read:
  162         626.989 Investigation by department or Division of
  163  Investigative and Forensic Services; compliance; immunity;
  164  confidential information; reports to division; division
  165  investigator’s power of arrest.—
  166         (7) Division investigators shall have the power to make
  167  arrests for criminal violations established as a result of
  168  investigations. Such investigators shall also be considered
  169  state law enforcement officers for all purposes and shall have
  170  the power to execute arrest warrants and search warrants; to
  171  serve subpoenas issued for the examination, investigation, and
  172  trial of all offenses; and to arrest upon probable cause without
  173  warrant any person found in the act of violating any of the
  174  provisions of applicable laws. Investigators empowered to make
  175  arrests under this section shall be empowered to bear arms in
  176  the performance of their duties. In such a situation, the
  177  investigator must be certified in compliance with the provisions
  178  of s. 943.1395 or must meet the temporary employment or
  179  appointment exemption requirements of s. 943.131 until
  180  certified.
  181         Section 4. For the purpose of incorporating the amendment
  182  made by this act to section 943.131, Florida Statutes, in a
  183  reference thereto, subsection (9) of section 943.13, Florida
  184  Statutes, is reenacted to read:
  185         943.13 Officers’ minimum qualifications for employment or
  186  appointment.—On or after October 1, 1984, any person employed or
  187  appointed as a full-time, part-time, or auxiliary law
  188  enforcement officer or correctional officer; on or after October
  189  1, 1986, any person employed as a full-time, part-time, or
  190  auxiliary correctional probation officer; and on or after
  191  October 1, 1986, any person employed as a full-time, part-time,
  192  or auxiliary correctional officer by a private entity under
  193  contract to the Department of Corrections, to a county
  194  commission, or to the Department of Management Services shall:
  195         (9) Complete a commission-approved basic recruit training
  196  program for the applicable criminal justice discipline, unless
  197  exempt under this subsection. An applicant who has:
  198         (a) Completed a comparable basic recruit training program
  199  for the applicable criminal justice discipline in another state
  200  or for the Federal Government; and
  201         (b) Served as a full-time sworn officer in another state or
  202  for the Federal Government for at least 1 year provided there is
  203  no more than an 8-year break in employment, as measured from the
  204  separation date of the most recent qualifying employment to the
  205  time a complete application is submitted for an exemption under
  206  this section,
  207  
  208  is exempt in accordance with s. 943.131(2) from completing the
  209  commission-approved basic recruit training program.
  210         Section 5. For the purpose of incorporating the amendment
  211  made by this act to section 943.131, Florida Statutes, in a
  212  reference thereto, subsections (1) and (6) of section 943.133,
  213  Florida Statutes, are reenacted to read:
  214         943.133 Responsibilities of employing agency, commission,
  215  and program with respect to compliance with employment
  216  qualifications and the conduct of background investigations;
  217  injunctive relief.—
  218         (1) The employing agency is fully responsible for the
  219  collection, verification, and maintenance of documentation
  220  establishing that an applicant complies with the requirements of
  221  ss. 943.13 and 943.131, and any rules adopted pursuant to ss.
  222  943.13 and 943.131.
  223         (6) If an employing agency employs or appoints an officer
  224  in violation of this section or of s. 943.13, s. 943.131, or s.
  225  943.135, or any rules adopted pursuant thereto, the Department
  226  of Legal Affairs, at the request of the chair of the commission,
  227  shall apply to the circuit court in the county of the employing
  228  agency for injunctive relief prohibiting the employment or
  229  appointment of the person contrary to this section.
  230         Section 6. For the purpose of incorporating the amendment
  231  made by this act to section 943.131, Florida Statutes, in a
  232  reference thereto, subsections (3), (9), and (10) of section
  233  943.1395, Florida Statutes, are reenacted to read:
  234         943.1395 Certification for employment or appointment;
  235  concurrent certification; reemployment or reappointment;
  236  inactive status; revocation; suspension; investigation.—
  237         (3) Any certified officer who has separated from employment
  238  or appointment and who is not reemployed or reappointed by an
  239  employing agency within 4 years after the date of separation
  240  must meet the minimum qualifications described in s. 943.13,
  241  except for the requirement found in s. 943.13(9). Further, such
  242  officer must complete any training required by the commission by
  243  rule in compliance with s. 943.131(2). Any such officer who
  244  fails to comply with the requirements provided in s. 943.131(2)
  245  must meet the minimum qualifications described in s. 943.13, to
  246  include the requirement of s. 943.13(9).
  247         (9) Each person employed pursuant to s. 943.131 is subject
  248  to discipline by the commission. Persons who have been subject
  249  to disciplinary action pursuant to this subsection are
  250  ineligible for employment or appointment under s. 943.131.
  251         (a) The commission shall cause to be investigated any
  252  conduct defined in subsection (6) or subsection (7) by a person
  253  employed under s. 943.131 and shall set disciplinary guidelines
  254  and penalties prescribed in rules applicable to such
  255  noncertified persons.
  256         (b) The disciplinary guidelines and prescribed penalties
  257  must be based upon the severity of specific offenses. The
  258  guidelines must provide reasonable and meaningful notice to
  259  officers and to the public of penalties that may be imposed for
  260  prohibited conduct. The penalties must be consistently applied
  261  by the commission.
  262         (c) In addition, the commission may establish violations
  263  and disciplinary penalties for intentional abuse of the
  264  employment option provided by s. 943.131 by an individual or
  265  employing agency.
  266         (10) An officer whose certification has been revoked
  267  pursuant to this section shall be ineligible for employment or
  268  appointment under s. 943.131.
  269         Section 7. This act shall take effect July 1, 2018.