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1
2 An act relating to criminal justice standards
3 and training; amending s. 943.10, F.S.;
4 defining "part-time correctional probation
5 officer," "diverse population," and "criminal
6 justice executive" with respect to specified
7 provisions in ch. 943; amending s. 943.13,
8 F.S., relating to officers' minimum
9 qualifications for employment or appointment;
10 clarifying that such qualifications apply to
11 full-time, part-time, and auxiliary
12 correctional or correctional probation
13 officers; providing that such qualifications
14 apply to correctional officers employed by the
15 Correctional Privatization Commission; amending
16 s. 943.131, F.S.; revising requirements for
17 officers' temporary employment or appointment;
18 amending s. 943.133, F.S.; revising criteria
19 with respect to employing agency responsibility
20 for compliance to employment requirements and
21 background investigations; amending s. 943.139,
22 F.S.; providing for electronic transmission of
23 information in officer's
24 affidavit-of-separation form; amending s.
25 943.1715, F.S.; revising provisions relating to
26 basic skills training of officers; providing
27 for basic skills training relating to diverse
28 populations; deleting language regarding racial
29 and ethnic minorities; amending s. 943.1716,
30 F.S.; providing for continued employment
31 training relating to diverse populations;
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1 deleting language regarding racial and ethnic
2 minorities; amending s. 943.175, F.S.; revising
3 certain requirements with respect to approval
4 or recording of specialized training programs
5 or courses; amending s. 943.1755, F.S.,
6 relating to the Florida Criminal Justice
7 Executive Institute; providing legislative
8 finding and authority of the institute relating
9 to improvement of law enforcement interaction
10 in communities of diverse population; removing
11 certain definitions; amending s. 943.1757,
12 F.S.; providing for skills training of criminal
13 justice executives relating to diverse
14 populations; deleting language regarding racial
15 and ethnic minorities; revising duties of the
16 policy board of the institute, to conform;
17 amending s. 943.1758, F.S.; providing for
18 curriculum revision for diverse populations
19 skills training; amending s. 943.25, F.S.;
20 relating to criminal justice trust funds;
21 removing limitation with respect to assessment
22 of certain additional court costs against
23 convicted persons; revising guidelines relating
24 to certain revenues generated from moneys in
25 such trust funds; amending s. 318.18, F.S.;
26 providing for court imposition of a $3 court
27 cost for a noncriminal traffic infraction and
28 providing for distribution thereof pursuant to
29 specified provisions relating to criminal
30 justice trust funds; reenacting s. 318.121,
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1 F.S., to incorporate said amendment in a
2 reference; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsections (19), (20), and (21) are added
7 to section 943.10, Florida Statutes, to read:
8 943.10 Definitions; ss. 943.085-943.255.--The
9 following words and phrases as used in ss. 943.085-943.255 are
10 defined as follows:
11 (19) "Part-time correctional probation officer" means
12 a person who is employed less than full time by the state
13 whose primary responsibility is the supervised custody,
14 surveillance, and control of assigned inmates, probationers,
15 parolees, or community controllees within institutions of the
16 Department of Corrections or in the community.
17 (20) "Diverse population" means members of a cultural
18 group with common origins, customs, and styles of living. This
19 definition includes both ethnic and religious minorities.
20 (21) "Criminal justice executive" includes executives
21 of law enforcement, correctional, and correctional probation
22 agencies.
23 Section 2. Section 943.13, Florida Statutes, is
24 amended to read:
25 943.13 Officers' minimum qualifications for employment
26 or appointment.--On or after October 1, 1984, any person
27 employed or appointed as a full-time, part-time, or auxiliary
28 law enforcement officer or correctional officer; on or after
29 October 1, 1986, any person employed as a full-time,
30 part-time, or auxiliary correctional probation officer; and on
31 or after October 1, 1986, any person employed as a full-time,
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1 part-time, or auxiliary correctional officer by a private
2 entity under contract to the Department of Corrections, or to
3 a county commission, or to the Correctional Privatization
4 Commission shall:
5 (1) Be at least 19 years of age.
6 (2) Be a citizen of the United States, notwithstanding
7 any law of the state to the contrary.
8 (3) Be a high school graduate or its "equivalent" as
9 the commission has defined the term by rule may be determined
10 by the commission.
11 (4) Not have been convicted of any felony or of a
12 misdemeanor involving perjury or a false statement, or have
13 received a dishonorable discharge from any of the Armed Forces
14 of the United States. Any person who, after July 1, 1981,
15 pleads guilty or nolo contendere to or is found guilty of any
16 felony or of a misdemeanor involving perjury or a false
17 statement is not eligible for employment or appointment as an
18 officer, notwithstanding suspension of sentence or withholding
19 of adjudication. Notwithstanding this subsection, any person
20 who has pled nolo contendere to a misdemeanor involving a
21 false statement, prior to December 1, 1985, and has had such
22 record sealed or expunged shall not be deemed ineligible for
23 employment or appointment as an officer.
24 (5) Have documentation of his or her processed
25 fingerprints on file with the employing agency or, if a
26 private correctional officer, have documentation of his or her
27 processed fingerprints on file with the Department of
28 Corrections or the Criminal Justice Standards and Training
29 Commission. If administrative delays are caused by the
30 department or the Federal Bureau of Investigation and the
31 person has complied with subsections (1)-(4) and (6)-(9), he
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1 or she may be employed or appointed for a period not to exceed
2 1 calendar year from the date he or she was employed or
3 appointed or until return of the processed fingerprints
4 documenting noncompliance with subsections (1)-(4) or
5 subsection (7), whichever occurs first.
6 (6) Have passed a physical examination by a licensed
7 physician, based on specifications established by the
8 commission.
9 (7) Have a good moral character as determined by a
10 background investigation under procedures established by the
11 commission.
12 (8) Execute and submit to the employing agency or, if
13 a private correctional officer, submit to the appropriate
14 governmental entity an affidavit-of-applicant form, adopted by
15 the commission, attesting to his or her compliance with
16 subsections (1)-(7). The affidavit shall be executed under
17 oath and constitutes an official statement within the purview
18 of s. 837.06. The affidavit shall include conspicuous language
19 that the intentional false execution of the affidavit
20 constitutes a misdemeanor of the second degree. The affidavit
21 shall be retained by the employing agency.
22 (9) Complete a commission-approved basic recruit
23 training program for the applicable criminal justice
24 discipline, unless exempt under this subsection. An applicant
25 who has:
26 (a) Completed a comparable basic recruit training
27 program for the applicable criminal justice discipline in
28 another state or for the Federal Government; and
29 (b) Served as a full-time sworn officer in another
30 state or for the Federal Government for at least one year
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1 is exempt in accordance with s. 943.131(2) from completing the
2 commission-approved basic recruit training program.
3 (10) Achieve an acceptable score on the officer
4 certification examination for the applicable criminal justice
5 discipline.
6 (11) Comply with the continuing training or education
7 requirements of s. 943.135.
8 Section 3. Paragraphs (a) and (b) of subsection (1) of
9 section 943.131, Florida Statutes, are amended to read:
10 943.131 Temporary employment or appointment; minimum
11 basic recruit training exemption.--
12 (1)(a) An employing agency may temporarily employ or
13 appoint a person who complies with the qualifications for
14 employment in s. 943.13(1)-(8), but has not fulfilled the
15 requirements of s. 943.13(9) and (10), if a critical need
16 exists to employ or appoint the person and such person is or
17 will be enrolled in the next approved basic recruit training
18 program available in the geographic area or that no assigned
19 state training program for state officers is available within
20 a reasonable time. The employing agency must maintain
21 documentation which demonstrates that a critical need exists
22 to employ a person pursuant to this section. Prior to the
23 employment or appointment of any person other than a
24 correctional probation officer under this subsection, the
25 person shall comply with the firearms provisions established
26 pursuant to s. 943.17(1)(a). Any person temporarily employed
27 or appointed as an officer under this subsection must attend
28 enroll in the first training program offered in the geographic
29 area, or the first assigned state training program for a state
30 officer, subsequent to his or her employment or appointment.
31 Further, upon successful completion of the basic recruit
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1 training program, any person temporarily employed or appointed
2 as an officer must fulfill the requirements of s. 943.13(10)
3 within 180 consecutive days.
4 (b) In no case may the person be temporarily employed
5 or appointed for more than 180 consecutive days, and such
6 temporary employment or appointment is not renewable by the
7 employing agency or transferable to another employing agency.
8 However, a person who is temporarily employed or appointed and
9 is attending who has enrolled in the first training program
10 offered in the geographic area, or has been assigned to a
11 state training program, may continue to be temporarily
12 employed or appointed until the person:
13 1. Successfully completes the basic recruit training
14 program and achieves an acceptable score on the officer
15 certification examination;
16 2. Fails to successfully complete, or withdraws from,
17 any course of the basic recruit training program;
18 3. Fails to achieve an acceptable score on the officer
19 certification examination within 180 consecutive days after
20 the successful completion of the basic recruit training
21 program; or
22 4. Is separated from employment or appointment by the
23 employing agency.
24 Section 4. Subsections (2), (3), and (4) of section
25 943.133, Florida Statutes, are amended to read:
26 943.133 Responsibilities of employing agency,
27 commission, and division with respect to compliance with
28 employment qualifications and the conduct of background
29 investigations; injunctive relief.--
30 (2) Prior to the employment or appointment of any
31 officer, the chief law enforcement or correctional officer
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1 administrator or probation and parole regional administrator
2 of the employing agency, or his designee, is required to
3 execute and maintain a registration an affidavit-of-compliance
4 form adopted by the commission, attesting to compliance by the
5 employing agency with subsection (1). The affidavit shall be
6 executed under oath and constitutes an official statement
7 within the purview of s. 837.06. The affidavit shall include
8 conspicuous language that intentional false execution of the
9 affidavit constitutes a misdemeanor of the second degree. The
10 information contained in the registration A copy of the
11 affidavit-of-compliance form must be submitted, or
12 electronically transmitted, to the commission.
13 (3) The commission shall adopt rules that establish
14 procedures for conducting background investigations. The
15 rules must specify a form for employing agencies to use to
16 document the findings of the background investigation. Before
17 employing or appointing any officer, the employing agency must
18 conduct a thorough background investigation in accordance with
19 the rules. The background information should include
20 information setting forth the facts and reasons for any of the
21 applicant's previous separations from private or public
22 employment or appointment, as the applicant understands them.
23 For the purposes of this subsection, "separation from
24 employment or appointment" includes any firing, termination,
25 resignation, retirement, or voluntary or involuntary extended
26 leave of absence from any salaried or nonsalaried position.
27 The employing agency must maintain the original background
28 investigation form, which must be signed by the administrator
29 of the employing agency or his designee. A copy of the
30 background investigation form must be submitted, or
31 electronically transmitted, to the commission.
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1 (4) When the employing agency is a private entity
2 under contract to the county or the state pursuant to s.
3 944.105, or s. 951.062, or chapter 957, the contracting agency
4 shall be responsible for meeting the requirements of
5 subsections (1), (2), and (3).
6 Section 5. Subsections (1) and (2) of section 943.139,
7 Florida Statutes, are amended to read:
8 943.139 Notice of employment, appointment, or
9 separation; response by the officer; duty of commission.--
10 (1) An employing agency shall immediately notify the
11 commission in writing, on a form adopted by the commission, of
12 the employment or appointment, or separation from employment
13 or appointment, of any officer. The employing agency must
14 maintain the original form and submit, or electronically
15 transmit, this information a copy of the form to the
16 commission. Separation from employment or appointment includes
17 any firing, termination, resignation, retirement, or voluntary
18 or involuntary extended leave of absence of any officer.
19 (2) In a case of separation from employment or
20 appointment, the employing agency shall execute and maintain
21 an affidavit-of-separation form adopted by the commission,
22 setting forth in detail the facts and reasons for such
23 separation. The information contained in A copy of the
24 affidavit-of-separation form must be submitted, or
25 electronically transmitted, to the commission. If the officer
26 is separated for his or her failure to comply with s. 943.13,
27 the notice must so specify. The affidavit must be executed
28 under oath and constitutes an official statement within the
29 purview of s. 837.06. The affidavit must include conspicuous
30 language that intentional false execution of the affidavit
31 constitutes a misdemeanor of the second degree. Any officer
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1 who has separated from employment or appointment must be
2 permitted to respond to the separation, in writing, to the
3 commission, setting forth the facts and reasons for the
4 separation as he understands them.
5 Section 6. Section 943.1715, Florida Statutes, is
6 amended to read:
7 943.1715 Basic skills training relating to diverse
8 populations racial and ethnic minorities.--
9 (1) As used in this section:
10 (a) "Racial and ethnic minorities" means members of a
11 socially or economically disadvantaged group which includes
12 blacks, Hispanics, and American Indians.
13 (b) "Law enforcement officer" includes law enforcement
14 officers, correctional officers, and correctional probation
15 officers.
16 (2) The commission shall establish and maintain
17 standards for instruction of law enforcement officers in the
18 subject of interpersonal skills relating to diverse
19 populations racial and ethnic minorities, with an emphasis on
20 the awareness of cultural differences. Every basic skills
21 course required in order for law enforcement officers to
22 obtain initial certification must shall, after January 1,
23 1993, include a minimum of 8 hours training in interpersonal
24 skills with diverse populations racial and ethnic minorities.
25 Section 7. Section 943.1716, Florida Statutes, is
26 amended to read:
27 943.1716 Continued employment training relating to
28 diverse populations racial and ethnic minorities.--
29 (1) As used in this section:
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1 (a) "Racial and ethnic minorities" means members of a
2 socially or economically disadvantaged group which includes
3 blacks, Hispanics, and American Indians.
4 (b) "Law enforcement officer" includes law enforcement
5 officers, correctional officers, and correctional probation
6 officers.
7 (2) The commission shall by rule require that adopt a
8 program by January 1, 1993, which shall be implemented by July
9 1, 1993, that requires each officer to receive, as part of the
10 40 hours of required instruction for continued employment or
11 appointment as an a law enforcement officer, 8 hours of
12 instruction in the subject of interpersonal skills relating to
13 diverse populations racial and ethnic minorities, with an
14 emphasis on the awareness of cultural differences.
15 Section 8. Section 943.175, Florida Statutes, is
16 amended to read:
17 943.175 Inservice and specialized training.--
18 (1) Inservice training programs, consisting of courses
19 established, implemented, and evaluated by an employing
20 agency, are the responsibility of the employing agency.
21 Specialized training programs, consisting of courses
22 established, implemented, and evaluated by a criminal justice
23 training school, are the responsibility of the criminal
24 justice training school. Inservice and specialized training
25 programs or courses need not be approved by the commission.
26 (2) The commission shall, by rule, establish
27 procedures and criteria whereby an employing agency or
28 criminal justice training school seeking commission approval
29 of a an inservice or specialized training program or course
30 must submit the program or course to the commission for
31 evaluation. The procedures and criteria shall include, but
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1 are not limited to, a demonstration of job relevance and
2 quality of instruction.
3 (3) Each inservice or specialized training course that
4 is approved by the commission and successfully completed by an
5 officer shall be identified as such in any record the
6 commission maintains on the officer. Commission-approved
7 inservice and specialized training courses will be acceptable
8 for the provisions of s. 943.135.
9 (4) Inservice or specialized training courses or
10 programs shall not be part of the programs or of courses
11 established by the commission pursuant to s. 943.17, nor shall
12 they be used to qualify an officer for salary incentive
13 payment provided under s. 943.22.
14 Section 9. Paragraphs (b) and (c) of subsection (1) of
15 section 943.1755, Florida Statutes, are amended to read:
16 943.1755 Florida Criminal Justice Executive
17 Institute.--
18 (1)
19 (b) The Legislature further finds that there exists a
20 need to improve relationships between law enforcement agencies
21 and the diverse populations racial and ethnic minorities they
22 serve. To this end the Florida Criminal Justice Executive
23 Institute shall conduct research projects, utilizing the
24 resources of community colleges and universities, for the
25 purpose of improving law enforcement interaction and
26 intervention in the communities of diverse populations racial
27 and ethnic minorities.
28 (c) As used in this subsection:
29 1. "Racial and ethnic minorities" means members of a
30 socially or economically disadvantaged group which includes
31 blacks, Hispanics, and American Indians.
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1 2. "Criminal justice executive" includes executives of
2 law enforcement, correctional, and correctional probation
3 agencies.
4 Section 10. Section 943.1757, Florida Statutes, is
5 amended to read:
6 943.1757 Criminal justice executives; training; policy
7 report.--
8 (1) As used in this section:
9 (a) "Racial and ethnic minorities" means members of a
10 socially or economically disadvantaged group which includes
11 blacks, Hispanics, and American Indians.
12 (b) "Criminal justice executive" includes executives
13 of law enforcement, correctional, and correctional probation
14 agencies.
15 (2) The Legislature finds that there exists a need to
16 provide training to criminal justice executives in the subject
17 of interpersonal skills relating to diverse populations racial
18 and ethnic minorities, with an emphasis on the awareness of
19 cultural differences.
20 (2)(3) The policy board of the Criminal Justice
21 Executive Institute shall identify the needs of criminal
22 justice executives regarding issues related to diverse
23 populations in racially and ethnically sensitive areas, and
24 ensure that such needs are met through appropriate training.
25 Beginning January 1, 1995, and every 5 years thereafter, the
26 policy board shall provide to the appropriate substantive
27 committees of each house a report describing executive
28 training needs. In addition, the policy board shall prepare a
29 biennial report to the appropriate substantive committees of
30 each house describing how these needs are being met through
31 training by the Criminal Justice Executive Institute.
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1 Section 11. Section 943.1758, Florida Statutes, is
2 amended to read:
3 943.1758 Curriculum revision for diverse populations
4 racial and ethnic minorities; skills training.--
5 (1) As used in this section:
6 (a) "Racial and ethnic minorities" means members of a
7 socially or economically disadvantaged group which includes
8 blacks, Hispanics, and American Indians.
9 (b) "Law enforcement officer" includes law enforcement
10 officers, correctional officers, and correctional probation
11 officers.
12 (2)(a) The Criminal Justice Standards and Training
13 Commission shall revise its standards and training for basic
14 recruits and its requirements for continued employment by
15 integrating instructions on interpersonal skills relating to
16 diverse populations racial and ethnic minorities into the
17 criminal justice standards and training curriculum. The
18 curriculum shall include standardized proficiency instruction
19 relating to high-risk and critical tasks which include, but
20 are not limited to, stops, use of force and domination, and
21 other areas of interaction between law enforcement officers
22 and members of diverse populations racial and ethnic
23 minorities. Culturally sensitive lesson plans, up-to-date
24 videotapes, and other demonstrative aids developed for use in
25 racial and ethnic minorities-related training shall be used as
26 instructional materials.
27 (2)(b) The commission shall develop and implement, as
28 part of its law enforcement instructor training programs,
29 standardized instruction in the subject of interpersonal
30 skills relating to diverse populations racial and ethnic
31 minorities.
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1
2 Culturally sensitive lesson plans, up-to-date videotapes, and
3 other demonstrative aids developed for use in diverse
4 population-related racial and ethnic minorities-related
5 training shall be used as instructional materials.
6 (3) A report detailing the racial and ethnic
7 minorities-related curriculum for recruits, employment, and
8 instructors shall be submitted by the commission to the chairs
9 of the relevant substantive committees of both houses of the
10 Legislature no later than December 1, 1992, and the revised
11 criminal justice standards and training curriculum for
12 recruits and instructors shall be implemented no later than
13 January 1, 1993.
14 Section 12. Subsection (3) of section 943.25, Florida
15 Statutes, is amended to read:
16 943.25 Criminal justice trust funds; source of funds;
17 use of funds.--
18 (3) All courts created by Art. V of the State
19 Constitution shall, in addition to any fine or other penalty,
20 assess $3 as a court cost against every person convicted for
21 violation of a state penal or criminal statute or convicted
22 for violation of a municipal or county ordinance. However,
23 such assessment shall not be imposed in addition to civil
24 penalties provided in s. 318.18. Any person whose
25 adjudication is withheld pursuant to the provisions of s.
26 318.14(9) or (10) shall also be assessed such cost. In
27 addition, $3 from every bond estreature or forfeited bail bond
28 related to such penal statutes or penal ordinances shall be
29 forwarded to the Treasurer as described in this subsection.
30 However, no such assessment may be made against any person
31 convicted for violation of any state statute, municipal
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1 ordinance, or county ordinance relating to the parking of
2 vehicles.
3 (a) All such costs collected by the courts shall be
4 remitted to the Department of Revenue, in accordance with
5 administrative rules adopted by the executive director of the
6 Department of Revenue, for deposit in the Additional Court
7 Cost Clearing Trust Fund and shall be earmarked to the
8 Department of Law Enforcement and the Department of Community
9 Affairs for distribution as follows:
10 1. Two dollars and seventy-five cents of each $3
11 assessment shall be deposited in the Criminal Justice
12 Standards and Training Trust Fund, and the remaining 25 cents
13 of each such assessment shall be deposited into the Operating
14 Trust Fund and shall be disbursed to the Bureau of Public
15 Safety Management of the Department of Community Affairs.
16 2. Ninety-two percent of the money distributed to the
17 Additional Court Cost Clearing Trust Fund pursuant to s.
18 318.21 shall be earmarked to the Department of Law Enforcement
19 for deposit in the Criminal Justice Standards and Training
20 Trust Fund, and 8 percent of such money shall be deposited
21 into the Operating Trust Fund and shall be disbursed to the
22 Bureau of Public Safety Management of the Department of
23 Community Affairs.
24 (b) The funds deposited in the Criminal Justice
25 Standards and Training Trust Fund and the Operating Trust Fund
26 may be invested. Any interest earned from investing such funds
27 and any unencumbered funds remaining at the end of the budget
28 cycle shall remain in the respective trust fund until the
29 following year be deposited, for redistribution, in the
30 Additional Court Cost Clearing Trust Fund. However, revenues
31 generated from officer certification examination fees shall
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1 not revert to the Additional Court Cost Clearing Trust Fund
2 and shall remain in the Criminal Justice Standards and
3 Training Trust Fund.
4 (c) All funds in the Criminal Justice Standards and
5 Training Trust Fund earmarked to the Department of Law
6 Enforcement shall be disbursed only in compliance with
7 subsection (10).
8 Section 13. Subsection (11) of section 318.18, Florida
9 Statutes, 1996 Supplement, is amended to read:
10 318.18 Amount of civil penalties.--The penalties
11 required for a noncriminal disposition pursuant to s. 318.14
12 are as follows:
13 (11)(a) Court costs which are to be in addition to the
14 stated fine shall be imposed by the court in an amount not
15 less than the following:
16
17 For pedestrian infractions................................$ 3.
18 For nonmoving traffic infractions.........................$ 6.
19 For moving traffic infractions............................$10.
20 (b) In addition to the court cost assessed under
21 paragraph (a), the court shall impose a $3 court cost for each
22 infraction to be distributed as provided in s. 943.25(3).
23 Section 14. For the purpose of incorporating the
24 amendment to s. 318.18 in a reference thereto, section
25 318.121, Florida Statutes, 1996 Supplement, is reenacted to
26 read:
27 318.121 Preemption of additional fees, fines,
28 surcharges, and costs.--Notwithstanding any general or special
29 law, or municipal or county ordinance, additional fees, fines,
30 surcharges, or costs other than the court costs assessed under
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1 s. 318.18(11) may not be added to the civil traffic penalties
2 assessed in this chapter.
3 Section 15. This act shall take effect July 1, 1997.
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