Senate Bill 1678

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    Florida Senate - 1999                                  SB 1678

    By Senator Meek





    36-903A-99

  1                      A bill to be entitled

  2         An act relating to the criminal justice system;

  3         amending s. 316.2045, F.S.; prohibiting minors

  4         from standing or approaching vehicles on any

  5         public street, highway, road, or state

  6         transportation facility right-of-way for

  7         purposes of soliciting; providing a civil

  8         penalty; amending s. 943.13, F.S.; providing

  9         minimum qualifications for employment for

10         correctional probation officers and persons

11         employed by a private entity under contract

12         with the Department of Corrections or with a

13         county commission; creating s. 944.6125, F.S.;

14         providing that certain women who are confined

15         by the Department of Corrections must be placed

16         in a correctional facility located within a

17         reasonable distance from the residence of the

18         minor child of the confined woman; providing

19         for a child-friendly environment; providing for

20         the application of the act; providing an

21         effective date.

22

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

24

25         Section 1.  Subsection (6) is added to section

26  316.2045, Florida Statutes, to read:

27         316.2045  Obstruction of public streets, highways, and

28  roads.--

29         (6)  A minor under the age of 18 years may not stand or

30  approach motor vehicles on any public street, highway, or road

31  in order to solicit. A person who violates this subsection is

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    Florida Senate - 1999                                  SB 1678
    36-903A-99




  1  guilty of a noncriminal traffic infraction and subject to a

  2  civil penalty of $100.

  3         Section 2.  Section 943.13, Florida Statutes, is

  4  amended to read:

  5         943.13  Officers' minimum qualifications for employment

  6  or appointment.--On or after October 1, 1984, Any person

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

  8  law enforcement officer, correctional probation officer, or

  9  correctional officer, including persons employed by a private

10  entity under contract with the Department of Corrections, with

11  a county commission,; on or after October 1, 1986, any person

12  employed as a full-time, part-time, or auxiliary correctional

13  probation officer; and on or after October 1, 1986, any person

14  employed as a full-time, part-time, or auxiliary correctional

15  officer by a private entity under contract to the Department

16  of Corrections, to a county commission, or with to the

17  Correctional Privatization Commission must shall:

18         (1)  Be at least 19 years of age.

19         (2)  Be a citizen of the United States, notwithstanding

20  any law of the state to the contrary.

21         (3)  Be a high school graduate or its "equivalent" as

22  the commission has defined the term by rule. However, any

23  person whose employment or appointment as a full-time or

24  part-time law enforcement officer commences on or after

25  October 1, 2005, must have received at least an associate

26  degree or its equivalent, as defined by rule of the

27  commission.

28         (4)  Not have been convicted of any felony or of a

29  misdemeanor involving perjury or a false statement, or have

30  received a dishonorable discharge from any of the Armed Forces

31  of the United States. Any person who, after July 1, 1981,

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    Florida Senate - 1999                                  SB 1678
    36-903A-99




  1  pleads guilty or nolo contendere to or is found guilty of any

  2  felony or of a misdemeanor involving perjury or a false

  3  statement is not eligible for employment or appointment as an

  4  officer, notwithstanding suspension of sentence or withholding

  5  of adjudication. Notwithstanding this subsection, any person

  6  who has pled nolo contendere to a misdemeanor involving a

  7  false statement, prior to December 1, 1985, and has had such

  8  record sealed or expunged shall not be deemed ineligible for

  9  employment or appointment as an officer.

10         (5)  Have documentation of his or her processed

11  fingerprints on file with the employing agency or, if a

12  private correctional officer, have documentation of his or her

13  processed fingerprints on file with the Department of

14  Corrections or the Criminal Justice Standards and Training

15  Commission. If administrative delays are caused by the

16  department or the Federal Bureau of Investigation and the

17  person has complied with subsections (1)-(4) and (6)-(9), he

18  or she may be employed or appointed for a period not to exceed

19  1 calendar year from the date he or she was employed or

20  appointed or until return of the processed fingerprints

21  documenting noncompliance with subsections (1)-(4) or

22  subsection (7), whichever occurs first.

23         (6)  Have passed a physical examination by a licensed

24  physician, based on specifications established by the

25  commission.

26         (7)  Have a good moral character as determined by a

27  background investigation under procedures established by the

28  commission.

29         (8)  Execute and submit to the employing agency or, if

30  a private correctional officer, submit to the appropriate

31  governmental entity an affidavit-of-applicant form, adopted by

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    Florida Senate - 1999                                  SB 1678
    36-903A-99




  1  the commission, attesting to his or her compliance with

  2  subsections (1)-(7). The affidavit shall be executed under

  3  oath and constitutes an official statement within the purview

  4  of s. 837.06. The affidavit shall include conspicuous language

  5  that the intentional false execution of the affidavit

  6  constitutes a misdemeanor of the second degree. The affidavit

  7  shall be retained by the employing agency.

  8         (9)  Complete a commission-approved basic recruit

  9  training program for the applicable criminal justice

10  discipline, unless exempt under this subsection. An applicant

11  who has:

12         (a)  Completed a comparable basic recruit training

13  program for the applicable criminal justice discipline in

14  another state or for the Federal Government; and

15         (b)  Served as a full-time sworn officer in another

16  state or for the Federal Government for at least one year

17

18  is exempt in accordance with s. 943.131(2) from completing the

19  commission-approved basic recruit training program.

20         (10)  Achieve an acceptable score on the officer

21  certification examination for the applicable criminal justice

22  discipline.

23         (11)  Comply with the continuing training or education

24  requirements of s. 943.135.

25         Section 3.  Section 944.6125, Florida Statutes, is

26  created to read:

27         944.6125  Imprisoned women; location of women with

28  children.--

29         (1)  When at all possible, women who are confined by

30  the Florida Department of Corrections for nonviolent offenses,

31  and who have minor children, must be placed in a facility that

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    Florida Senate - 1999                                  SB 1678
    36-903A-99




  1  is within a reasonable distance from the child's place of

  2  residence.

  3         (2)  Once the mother has been placed near the minor

  4  child, the facility must provide a child-friendly environment

  5  in which the mother and child may continue the bonding process

  6  even in the harsh reality of a prison setting.

  7         (3)  This mandate in no way requires a minor child to

  8  visit an incarcerated parent.  The provisions of this section

  9  apply only to a child whose mother is incarcerated and whose

10  family unit has made a conscious decision to allow the child

11  to visit the imprisoned parent.

12         Section 4.  This act shall take effect October 1, 1999.

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15                          SENATE SUMMARY

16    Prohibits minors under the age of 18 years from standing
      or approaching vehicles on any public street, highway,
17    road, or state transportation facility right-of-way for
      purposes of soliciting. Provides a civil penalty.
18    Provides minimum qualifications for employment for
      correctional probation officers and persons employed by a
19    private entity under contract to the Department of
      Corrections or to a county commission. Provides that when
20    at all possible, women who are confined by the Department
      of Corrections for nonviolent offenses and who have minor
21    children, must be placed at a correctional facility
      within a reasonable distance from the minor children.
22    Provides for a child-friendly environment at the facility
      for the continued bonding of the minor child and the
23    confined parent.

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