Florida Senate - 2019                   (PROPOSED BILL) SPB 7046
       
       
        
       FOR CONSIDERATION By the Committee on Criminal Justice
       
       
       
       
       
       591-02294-19                                          20197046pb
    1                        A bill to be entitled                      
    2         An act relating to critical infrastructure facilities
    3         and staff; amending s. 330.41, F.S.; redefining the
    4         term “critical infrastructure facility”; reenacting
    5         and amending s. 943.13, F.S.; requiring any person
    6         employed as a full-time, a part-time, or an auxiliary
    7         correctional officer be at least 18 years of age;
    8         reenacting ss. 943.131(1)(a) and (c) and (4),
    9         943.133(1) and (6), 943.137(1), 943.139(2),
   10         943.1395(1), (2), and (3), 943.14(7), 943.17(4),
   11         943.253, 944.105(7), 944.714(2), 945.035(3),
   12         948.01(1)(a), 951.063, and 985.644(3)(b), F.S., all
   13         relating to employment qualifications or requirements
   14         for certain officers, to incorporate the amendment
   15         made to s. 943.13, F.S., in references thereto;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (a) of subsection (2) of section
   21  330.41, Florida Statutes, is amended, and subsection (4) of that
   22  section is republished, to read:
   23         330.41 Unmanned Aircraft Systems Act.—
   24         (2) DEFINITIONS.—As used in this act, the term:
   25         (a) “Critical infrastructure facility” means any of the
   26  following, if completely enclosed by a fence or other physical
   27  barrier that is obviously designed to exclude intruders, or if
   28  clearly marked with a sign or signs which indicate that entry is
   29  forbidden and which are posted on the property in a manner
   30  reasonably likely to come to the attention of intruders:
   31         1. An electrical power generation or transmission facility,
   32  substation, switching station, or electrical control center.
   33         2. A chemical or rubber manufacturing or storage facility.
   34         3. A mining facility.
   35         4. A natural gas or compressed gas compressor station,
   36  storage facility, or natural gas or compressed gas pipeline.
   37         5. A liquid natural gas or propane gas terminal or storage
   38  facility with a capacity of 4,000 gallons or more.
   39         6. Any portion of an aboveground oil or gas pipeline.
   40         7. A wireless communications facility, including the tower,
   41  antennae, support structures, and all associated ground-based
   42  equipment.
   43         8. A state correctional institution as defined in s. 944.02
   44  or a private correctional facility authorized under chapter 957.
   45         9. A secure detention center or facility as defined in s.
   46  985.03(45) or a nonsecure residential facility, a high-risk
   47  residential facility, or a maximum-risk residential facility, as
   48  those terms are described in s. 985.03(44).
   49         (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
   50         (a) A person may not knowingly or willfully:
   51         1. Operate a drone over a critical infrastructure facility;
   52         2. Allow a drone to make contact with a critical
   53  infrastructure facility, including any person or object on the
   54  premises of or within the facility; or
   55         3. Allow a drone to come within a distance of a critical
   56  infrastructure facility that is close enough to interfere with
   57  the operations of or cause a disturbance to the facility.
   58         (b) A person who violates paragraph (a) commits a
   59  misdemeanor of the second degree, punishable as provided in s.
   60  775.082 or s. 775.083. A person who commits a second or
   61  subsequent violation commits a misdemeanor of the first degree,
   62  punishable as provided in s. 775.082 or s. 775.083.
   63         (c) This subsection does not apply to actions identified in
   64  paragraph (a) which are committed by:
   65         1. A federal, state, or other governmental entity, or a
   66  person under contract or otherwise acting under the direction of
   67  a federal, state, or other governmental entity.
   68         2. A law enforcement agency that is in compliance with s.
   69  934.50, or a person under contract with or otherwise acting
   70  under the direction of such law enforcement agency.
   71         3. An owner, operator, or occupant of the critical
   72  infrastructure facility, or a person who has prior written
   73  consent of such owner, operator, or occupant.
   74         (d) Subparagraph (a)1. does not apply to a drone operating
   75  in transit for commercial purposes in compliance with Federal
   76  Aviation Administration regulations, authorizations, or
   77  exemptions.
   78         (e) This subsection shall sunset 60 days after the date
   79  that a process pursuant to s. 2209 of the FAA Extension, Safety
   80  and Security Act of 2016 becomes effective.
   81         Section 2. Subsection (1) of section 943.13, Florida
   82  Statutes, is amended, and subsection (8) is reenacted, to read:
   83         943.13 Officers’ minimum qualifications for employment or
   84  appointment.—On or after October 1, 1984, any person employed or
   85  appointed as a full-time, part-time, or auxiliary law
   86  enforcement officer or correctional officer; on or after October
   87  1, 1986, any person employed as a full-time, part-time, or
   88  auxiliary correctional probation officer; and on or after
   89  October 1, 1986, any person employed as a full-time, part-time,
   90  or auxiliary correctional officer by a private entity under
   91  contract to the Department of Corrections, to a county
   92  commission, or to the Department of Management Services shall:
   93         (1) Be at least 19 years of age, except that any person
   94  employed as a full-time, a part-time, or an auxiliary
   95  correctional officer must be at least 18 years of age.
   96         (8) Execute and submit to the employing agency or, if a
   97  private correctional officer, submit to the appropriate
   98  governmental entity an affidavit-of-applicant form, adopted by
   99  the commission, attesting to his or her compliance with
  100  subsections (1)-(7). The affidavit shall be executed under oath
  101  and constitutes an official statement within the purview of s.
  102  837.06. The affidavit shall include conspicuous language that
  103  the intentional false execution of the affidavit constitutes a
  104  misdemeanor of the second degree. The affidavit shall be
  105  retained by the employing agency.
  106         Section 3. For the purpose of incorporating the amendment
  107  made by this act to section 943.13, Florida Statutes, in
  108  references thereto, paragraphs (a) and (c) of subsection (1) and
  109  subsection (4) of section 943.131, Florida Statutes, are
  110  reenacted to read:
  111         943.131 Temporary employment or appointment; minimum basic
  112  recruit training exemptions.—
  113         (1)(a) An employing agency may temporarily employ or
  114  appoint a person who complies with the qualifications for
  115  employment in s. 943.13(1)-(8), but has not fulfilled the
  116  requirements of s. 943.13(9) and (10), if a critical need exists
  117  to employ or appoint the person and such person is or will be
  118  enrolled in the next approved basic recruit training program
  119  available in the geographic area or that no assigned state
  120  training program for state officers is available within a
  121  reasonable time. The employing agency must maintain
  122  documentation which demonstrates that a critical need exists to
  123  employ a person pursuant to this section. Prior to the
  124  employment or appointment of any person other than a
  125  correctional probation officer under this subsection, the person
  126  shall comply with the firearms provisions established pursuant
  127  to s. 943.17(1)(a). Any person temporarily employed or appointed
  128  as an officer under this subsection must attend the first
  129  training program offered in the geographic area, or the first
  130  assigned state training program for a state officer, subsequent
  131  to his or her employment or appointment. A person temporarily
  132  employed or appointed as an officer under this subsection must
  133  begin basic recruit training within 180 consecutive days after
  134  employment. Such person must fulfill the requirements of s.
  135  943.13(9) within 18 months after beginning basic recruit
  136  training and must fulfill the certification examination
  137  requirements of s. 943.13(10) within 180 consecutive days after
  138  completing basic recruit training. A person hired after he or
  139  she has commenced basic recruit training or after completion of
  140  basic recruit training must fulfill the certification
  141  examination requirements of s. 943.13(10) within 180 consecutive
  142  days after completion of basic recruit training or the
  143  commencement of employment, whichever occurs later.
  144         (c) No person temporarily employed or appointed under the
  145  provisions of this subsection may perform the duties of an
  146  officer unless he or she is adequately supervised by another
  147  officer of the same discipline. The supervising officer must be
  148  in full compliance with the provisions of s. 943.13 and must be
  149  employed or appointed by the employing agency.
  150         (4) Within 1 year after receiving an exemption, an
  151  applicant who is exempt from completing the commission-approved
  152  basic recruit training program must:
  153         (a) Complete all additional required training as required
  154  by the commission.
  155         (b) Demonstrate proficiency in the high-liability areas as
  156  defined by commission rule.
  157         (c) Complete the requirements of s. 943.13(10).
  158  
  159  If the proficiencies and requirements of s. 943.13(10) are not
  160  met within the 1-year period, the applicant must seek an
  161  additional exemption as provided in this subsection. Except as
  162  provided in subsection (1), before the employing agency may
  163  employ or appoint the applicant as an officer, the applicant
  164  must meet the minimum qualifications described in s. 943.13(1)
  165  (8) and must fulfill the requirements of s. 943.13(10).
  166         Section 4. For the purpose of incorporating the amendment
  167  made by this act to section 943.13, Florida Statutes, in
  168  references thereto, subsections (1) and (6) of section 943.133,
  169  Florida Statutes, are reenacted to read:
  170         943.133 Responsibilities of employing agency, commission,
  171  and program with respect to compliance with employment
  172  qualifications and the conduct of background investigations;
  173  injunctive relief.—
  174         (1) The employing agency is fully responsible for the
  175  collection, verification, and maintenance of documentation
  176  establishing that an applicant complies with the requirements of
  177  ss. 943.13 and 943.131, and any rules adopted pursuant to ss.
  178  943.13 and 943.131.
  179         (6) If an employing agency employs or appoints an officer
  180  in violation of this section or of s. 943.13, s. 943.131, or s.
  181  943.135, or any rules adopted pursuant thereto, the Department
  182  of Legal Affairs, at the request of the chair of the commission,
  183  shall apply to the circuit court in the county of the employing
  184  agency for injunctive relief prohibiting the employment or
  185  appointment of the person contrary to this section.
  186         Section 5. For the purpose of incorporating the amendment
  187  made by this act to section 943.13, Florida Statutes, in a
  188  reference thereto, subsection (1) of section 943.137, Florida
  189  Statutes, is reenacted to read:
  190         943.137 Establishment of qualifications and standards above
  191  the minimum.—
  192         (1) Nothing herein may be construed to preclude an
  193  employing agency from establishing qualifications and standards
  194  for employment, appointment, training, or promotion of officers
  195  that exceed the minimum requirements set by ss. 943.13 and
  196  943.17, including establishing tobacco-use standards.
  197         Section 6. For the purpose of incorporating the amendment
  198  made by this act to section 943.13, Florida Statutes, in a
  199  reference thereto, subsection (2) of section 943.139, Florida
  200  Statutes, is reenacted to read:
  201         943.139 Notice of employment, appointment, or separation;
  202  response by the officer; duty of commission.—
  203         (2) In a case of separation from employment or appointment,
  204  the employing agency shall execute and maintain an affidavit-of
  205  separation form adopted by the commission, setting forth in
  206  detail the facts and reasons for such separation. The
  207  information contained in the affidavit-of-separation form must
  208  be submitted, or electronically transmitted, to the commission.
  209  If the officer is separated for his or her failure to comply
  210  with s. 943.13, the notice must so specify. The affidavit must
  211  be executed under oath and constitutes an official statement
  212  within the purview of s. 837.06. The affidavit must include
  213  conspicuous language that intentional false execution of the
  214  affidavit constitutes a misdemeanor of the second degree. Any
  215  officer who has separated from employment or appointment must be
  216  permitted to respond to the separation, in writing, to the
  217  commission, setting forth the facts and reasons for the
  218  separation as he or she understands them.
  219         Section 7. For the purpose of incorporating the amendment
  220  made by this act to section 943.13, Florida Statutes, in
  221  references thereto, subsections (1), (2), and (3) of section
  222  943.1395, Florida Statutes, are reenacted to read:
  223         943.1395 Certification for employment or appointment;
  224  concurrent certification; reemployment or reappointment;
  225  inactive status; revocation; suspension; investigation.—
  226         (1) The commission shall certify, under procedures
  227  established by rule, any person for employment or appointment as
  228  an officer if:
  229         (a) The person complies with s. 943.13(1)-(10); and
  230         (b) The employing agency complies with s. 943.133(2) and
  231  (3).
  232         (2) An officer who is certified in one discipline and who
  233  complies with s. 943.13 in another discipline shall hold
  234  concurrent certification and may be assigned in either
  235  discipline within his or her employing agency.
  236         (3) Any certified officer who has separated from employment
  237  or appointment and who is not reemployed or reappointed by an
  238  employing agency within 4 years after the date of separation
  239  must meet the minimum qualifications described in s. 943.13,
  240  except for the requirement found in s. 943.13(9). Further, such
  241  officer must complete any training required by the commission by
  242  rule in compliance with s. 943.131(2). Any such officer who
  243  fails to comply with the requirements provided in s. 943.131(2)
  244  must meet the minimum qualifications described in s. 943.13, to
  245  include the requirement of s. 943.13(9).
  246         Section 8. For the purpose of incorporating the amendment
  247  made by this act to section 943.13, Florida Statutes, in a
  248  reference thereto, subsection (7) of section 943.14, Florida
  249  Statutes, is reenacted to read:
  250         943.14 Commission-certified criminal justice training
  251  schools; certificates and diplomas; exemptions; injunctive
  252  relief; fines.—
  253         (7) Each criminal justice training school that offers law
  254  enforcement, correctional, or correctional probation officer
  255  basic recruit training, or selection center that provides
  256  applicant screening for criminal justice training schools, shall
  257  conduct a criminal history background check of an applicant
  258  prior to entrance into the basic recruit class. A complete set
  259  of fingerprints must be taken by an authorized criminal justice
  260  agency or by an employee of the criminal justice training school
  261  or selection center who is trained to take fingerprints. If the
  262  employing agency has previously taken a set of fingerprints from
  263  the applicant and has obtained a criminal history check of the
  264  applicant using the fingerprints, the requirements of this
  265  subsection shall be met when the employing agency submits to the
  266  criminal justice training school or selection center a letter
  267  stating the date on which the agency took the fingerprints of
  268  the applicant, a summary of the criminal history check based on
  269  the fingerprints, and a certification that the applicant is
  270  qualified to enroll in the basic recruit training program
  271  pursuant to s. 943.13. If the criminal justice training school
  272  or selection center takes the fingerprints, it shall submit the
  273  fingerprints to the Florida Department of Law Enforcement for a
  274  statewide criminal history check, and forward the fingerprints
  275  to the Federal Bureau of Investigation for a national criminal
  276  history check. Applicants found through fingerprint processing
  277  to have pled guilty to or been convicted of a crime which would
  278  render the applicant unable to meet the minimum qualifications
  279  for employment as an officer as specified in s. 943.13(4) shall
  280  be removed from the pool of qualified candidates by the criminal
  281  justice training school or selection center.
  282         Section 9. For the purpose of incorporating the amendment
  283  made by this act to section 943.13, Florida Statutes, in a
  284  reference thereto, subsection (4) of section 943.17, Florida
  285  Statutes, is reenacted to read:
  286         943.17 Basic recruit, advanced, and career development
  287  training programs; participation; cost; evaluation.—The
  288  commission shall, by rule, design, implement, maintain,
  289  evaluate, and revise entry requirements and job-related
  290  curricula and performance standards for basic recruit, advanced,
  291  and career development training programs and courses. The rules
  292  shall include, but are not limited to, a methodology to assess
  293  relevance of the subject matter to the job, student performance,
  294  and instructor competency.
  295         (4) The commission may, by rule, establish a sponsorship
  296  program for prospective officers. The rule shall specify the
  297  provisions of s. 943.13 that must be satisfied prior to the
  298  prospective officer’s enrollment in a basic recruit training
  299  course. However, the rule shall not conflict with any laws or
  300  rules of the State Board of Education relating to student
  301  enrollment.
  302         Section 10. For the purpose of incorporating the amendment
  303  made by this act to section 943.13, Florida Statutes, in a
  304  reference thereto, section 943.253, Florida Statutes, is
  305  reenacted to read:
  306         943.253 Exemption; elected officers.—Elected officers are
  307  exempt from the requirements of ss. 943.085-943.25. However, an
  308  elected officer may participate in the programs and benefits
  309  under ss. 943.085-943.25 if he or she complies with s.
  310  943.13(1)-(7).
  311         Section 11. For the purpose of incorporating the amendment
  312  made by this act to section 943.13, Florida Statutes, in a
  313  reference thereto, subsection (7) of section 944.105, Florida
  314  Statutes, is reenacted to read:
  315         944.105 Contractual arrangements with private entities for
  316  operation and maintenance of correctional facilities and
  317  supervision of inmates.—
  318         (7) The department shall require the certification of
  319  private correctional officers at the private vendor’s expense
  320  under s. 943.1395, and all such officers must meet the minimum
  321  qualifications established in s. 943.13. All other employees of
  322  the private vendor that perform their duties at the private
  323  correctional facility shall receive, at a minimum, the same
  324  quality and quantity of training as that required by the state
  325  for employees of state-operated correctional facilities. All
  326  training expenses shall be the responsibility of the private
  327  vendor. The department shall be the contributor and recipient of
  328  all criminal background information necessary for certification
  329  by the Criminal Justice Standards and Training Commission.
  330         Section 12. For the purpose of incorporating the amendment
  331  made by this act to section 943.13, Florida Statutes, in a
  332  reference thereto, subsection (2) of section 944.714, Florida
  333  Statutes, is reenacted to read:
  334         944.714 Quality assurance and standards of operation.—
  335         (2) All private correctional officers employed by a private
  336  vendor must be certified, at the private vendor’s expense, as
  337  having met the minimum qualifications established for
  338  correctional officers under s. 943.13.
  339         Section 13. For the purpose of incorporating the amendment
  340  made by this act to section 943.13, Florida Statutes, in a
  341  reference thereto, subsection (3) of section 945.035, Florida
  342  Statutes, is reenacted to read:
  343         945.035 Notice of employment, appointment, or separation;
  344  response by the correctional officer; duty of department.—
  345         (3) In a case of separation from employment or appointment,
  346  the department shall execute and maintain an affidavit-of
  347  separation form adopted by the commission, setting forth in
  348  detail the facts and reasons for such separation. A copy of the
  349  affidavit-of-separation form must be submitted, or
  350  electronically transmitted, to the commission. If the
  351  correctional officer is separated for failure to comply with s.
  352  943.13, the notice must so specify. The affidavit must be
  353  executed under oath and constitutes an official statement within
  354  the purview of s. 837.06. The affidavit must include conspicuous
  355  language that intentional false execution of the affidavit
  356  constitutes a misdemeanor of the second degree. Any correctional
  357  officer who has separated from employment or appointment must be
  358  permitted to respond to the separation, in writing, to the
  359  commission, setting forth the facts and reasons for the
  360  separation as the officer understands them.
  361         Section 14. For the purpose of incorporating the amendment
  362  made by this act to section 943.13, Florida Statutes, in a
  363  reference thereto, paragraph (a) of subsection (1) of section
  364  948.01, Florida Statutes, is reenacted to read:
  365         948.01 When court may place defendant on probation or into
  366  community control.—
  367         (1) Any state court having original jurisdiction of
  368  criminal actions may at a time to be determined by the court,
  369  with or without an adjudication of the guilt of the defendant,
  370  hear and determine the question of the probation of a defendant
  371  in a criminal case, except for an offense punishable by death,
  372  who has been found guilty by the verdict of a jury, has entered
  373  a plea of guilty or a plea of nolo contendere, or has been found
  374  guilty by the court trying the case without a jury.
  375         (a) If the court places the defendant on probation or into
  376  community control for a felony, the department shall provide
  377  immediate supervision by an officer employed in compliance with
  378  the minimum qualifications for officers as provided in s.
  379  943.13. A private entity may not provide probationary or
  380  supervision services to felony or misdemeanor offenders
  381  sentenced or placed on probation or other supervision by the
  382  circuit court.
  383         Section 15. For the purpose of incorporating the amendment
  384  made by this act to section 943.13, Florida Statutes, in a
  385  reference thereto, section 951.063, Florida Statutes, is
  386  reenacted to read:
  387         951.063 Privately operated county correctional facilities.
  388  Each private correctional officer employed by a private entity
  389  under contract to a county commission must be certified as a
  390  correctional officer under s. 943.1395 and must meet the minimum
  391  qualifications established in s. 943.13. The county shall
  392  provide to the Criminal Justice Standards and Training
  393  Commission all necessary fingerprints for Florida Department of
  394  Law Enforcement and Federal Bureau of Investigation background
  395  checks. The Criminal Justice Standards and Training Commission
  396  shall advise the county as to those employees whose
  397  certification has been denied or revoked. Neither the county nor
  398  the private entity shall be the direct recipient of criminal
  399  records.
  400         Section 16. For the purpose of incorporating the amendment
  401  made by this act to section 943.13, Florida Statutes, in a
  402  reference thereto, paragraph (b) of subsection (3) of section
  403  985.644, Florida Statutes, is reenacted to read:
  404         985.644 Departmental contracting powers; personnel
  405  standards and investigation.—
  406         (3)
  407         (b) Law enforcement, correctional, and correctional
  408  probation officers, certified pursuant to s. 943.13, are not
  409  required to submit to level 2 screenings as long as they are
  410  currently employed by a law enforcement agency or correctional
  411  facility. The department shall electronically submit to the
  412  Department of Law Enforcement:
  413         1. Fingerprint information obtained during the employment
  414  screening required by subparagraph (a)1.
  415         2. Fingerprint information for all persons employed by the
  416  department, or by a provider under contract with the department,
  417  in delinquency facilities, services, or programs if such
  418  fingerprint information has not previously been submitted
  419  pursuant to this section.
  420         Section 17. This act shall take effect July 1, 2019.