House Bill 0713c1

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    Florida House of Representatives - 1999              CS/HB 713

        By the Committee on Community Colleges & Career Prep and
    Representative Kelly





  1                      A bill to be entitled

  2         An act relating to criminal justice; creating

  3         provisions relating to criminal justice

  4         training; providing legislative intent;

  5         providing for transfer of existing programs

  6         from school districts to community colleges;

  7         providing program requirements; providing for

  8         funding; providing a guideline for the future

  9         approval of programs; amending s. 943.13, F.S.;

10         revising minimum qualifications for employment

11         as a law enforcement or correctional officer;

12         amending s. 943.17, F.S.; revising requirements

13         relating to basic recruit, advanced, and career

14         development training programs; providing

15         requirements regarding the Criminal Justice

16         Standards and Training Commission; amending s.

17         943.31, F.S.; providing legislative intent

18         regarding law enforcement; providing an

19         effective date.

20

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

22

23         Section 1.  Criminal justice training.--

24         (1)  INTENT.--To consolidate and more efficiently use

25  state and taxpayer resources, responsibility for existing

26  public criminal justice training programs will be shifted and

27  a 2-year degree program for law enforcement training which

28  will articulate with bachelor's degree programs offered by

29  institutions within the State University System or by

30  independent colleges and universities will be established. It

31  is the goal of the Legislature that the minimum annual salary

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    Florida House of Representatives - 1999              CS/HB 713

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  1  for law enforcement officers be increased to $24,000 by 2005

  2  as a result of increased educational requirements.

  3         (2)  EXISTING PUBLIC CRIMINAL JUSTICE TRAINING

  4  PROGRAMS.--

  5         (a)  Notwithstanding ss. 229.551(1)(g), 230.02, 230.35,

  6  230.64, 239.115(2), and 240.115(1)(a)-(c) and (2), Florida

  7  Statutes, or any other provision of law to the contrary,

  8  criminal justice training programs will transfer to community

  9  colleges, at which time:

10         1.  Responsibility for the provision of basic recruit,

11  advanced, career development, and continuing training courses

12  and programs offered in public criminal justice training

13  programs, and for the operation of existing public criminal

14  justice training programs will be shifted from the school

15  district to the community college in whose service area the

16  public criminal justice training program is located.

17         2.  Ownership of existing school district-owned public

18  criminal justice training program real property, furniture,

19  and equipment will be transferred to the respective community

20  college; except that if a facility is used for purposes in

21  addition to public criminal justice training, the Criminal

22  Justice Standards and Training Commission shall mediate

23  transfer and payment issues in accordance with appropriations

24  authorized by this section.

25         3.  Lease of state-owned public criminal justice

26  training program real property will be transferred to the

27  respective community college; except that if a facility is

28  used for purposes in addition to public criminal justice

29  training, the Criminal Justice Standards and Training

30  Commission shall mediate transfer and payment issues in

31  accordance with appropriations authorized by this section.

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  1         4.  Certification of the program granted by the

  2  Criminal Justice Standards and Training Commission will be

  3  transferred to the respective community college which must

  4  continue to meet the requirements of the commission.

  5         5.  The community college board of trustees shall,

  6  subject to review by the advisory council established pursuant

  7  to subsection (3)(a), provide for school district public

  8  criminal justice training staff employed in full-time,

  9  budgeted positions to be transferred into the community

10  college personnel system at the same rate of salary.

11  Retirement and leave provisions will be transferred according

12  to law. If such employees do not possess the faculty

13  credentials required by the accrediting body, transition of

14  the program shall include provisions for the employees to

15  obtain the required credentials.

16         6.  If the school district is the fiscal agent for the

17  Criminal Justice Standards and Training Trust Fund, the

18  regional training council shall appoint a fiscal agent

19  according to the provisions of chapter 11B-18, Florida

20  Administrative Code.

21         7.  The Department of Education shall shift all funds

22  generated by students in the training programs including FTE

23  or workforce development, recurring, and nonrecurring funds

24  from the appropriate school district to the respective

25  community college.

26         (b)  The following criminal justice training programs

27  will transfer to the community college within the same service

28  area on July 1, 1999:

29         1.  The Kenneth A. Bragg Regional Public Safety

30  Training Complex;

31         2.  The Pat Thomas Law Enforcement Academy; and

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    Florida House of Representatives - 1999              CS/HB 713

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  1         3.  The Criminal Justice Training School at St.

  2  Augustine Technical Center.

  3         (c)  The following criminal justice training programs

  4  will transfer to the community college within the same service

  5  area on July 1, 2000:

  6         1.  The Criminal Justice Academy of Osceola;

  7         2.  The Criminal Justice Training Center at George

  8  Stone Area Vo-Tech Center; and

  9         3.  The Criminal Justice Academy at Sarasota County

10  Technical Institute.

11         (d)  The following criminal justice training programs

12  will transfer to the community college within the same service

13  area on July 1, 2001:

14         1.  The Southwest Florida Criminal Justice Academy;

15         2.  The public criminal justice training program at

16  Manatee Technical Institute;

17         3.  The Criminal Justice Training Academy at

18  Withlacoochee Technical Institute; and

19         4.  The public criminal justice training program at

20  Washington-Holmes Technical Center.

21

22  Those state agencies and local law enforcement agencies that

23  are currently certified by the commission to offer training

24  will be allowed to continue to offer such training.

25         (3)  PROGRAM REQUIREMENTS.--Each training program

26  operated by a community college will be regional in nature, as

27  defined by the Criminal Justice Standards and Training

28  Commission. Each board of trustees of a community college with

29  responsibility for a public criminal justice training program

30  must:

31

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  1         (a)  Establish a criminal justice advisory council

  2  which shall review policy, budget, scheduling, curricula, and

  3  staffing matters pertaining to the criminal justice training

  4  school, assist the community college in the selection of the

  5  director of the criminal justice training school, and work in

  6  cooperation with the regional training council to ensure that

  7  training needs of all agencies within the region are

  8  effectively met. The advisory council shall consist of the

  9  president, or his or her designee and representatives of

10  agencies from each discipline included in the training program

11  located within the college's service area. Such

12  representatives shall be appointed pursuant to the provisions

13  of chapter 6A-14, Florida Administrative Code, and shall

14  include at least one sheriff, or his or her designee, and a

15  chief of police, or his or her designee.

16         (b)  Give priority to local and state agencies in their

17  service region when scheduling facility usage.

18         (c)  Offer an associate in science degree for criminal

19  justice training, of which basic recruit training is a

20  required element. The degree shall articulate with a companion

21  bachelor degree. Basic recruit training included in a law

22  enforcement officer program shall be the equivalent of 30

23  college credits towards an associate in science degree, of

24  which at least 15 college credits may be awarded as credit

25  towards an associate in arts degree. Basic recruit training

26  included in a correctional officer program shall be the

27  equivalent of 24 college credits towards an associate in

28  science degree of which at least 12 college credits may be

29  awarded as credit towards an associate in arts degree.

30  Notwithstanding ss. 229.551(1)(g), 230.02, 230.35, 230.64,

31  239.115(2), and 240.115(1)(a)-(c) and (2), Florida Statutes,

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  1  or any other provision of law to the contrary, only community

  2  colleges are authorized to offer programs and courses within

  3  this associate in science degree.

  4         (d)  Not shift any criminal justice funds from criminal

  5  justice programs to support other programs.

  6         (e)  Provide an accounting of all fiscal matters

  7  pertaining to the criminal justice programs to the advisory

  8  council, upon request.

  9         (f)  Not supplant academic training with fund-raising

10  ventures.

11         (g)  When required, provide postsecondary adult

12  vocational certificate and continuing workforce education

13  noncredit options for students. Notwithstanding ss.

14  229.551(1)(g), 230.02, 230.35, 230.64, 239.115(2), and

15  240.115(1)(a)-(c) and (2), Florida Statutes, or any other

16  provision of law to the contrary, only community colleges are

17  authorized to offer programs and courses specified in this

18  paragraph.

19         (4)  FUNDING.--The community college shall qualify for

20  future facilities funding dollars upon transfer of the

21  facility. The Legislature shall appropriate funds to reimburse

22  school districts for documented loss of profits and local

23  funds expended in the public criminal justice training

24  program. Notwithstanding ss. 239.115(6)(a) and 239.117(6)(a),

25  Florida Statutes, or any other provision of law to the

26  contrary, the Legislature will also appropriate an amount

27  annually to provide 75 percent of the cost of continuing

28  workforce education for law enforcement and correctional

29  officers.

30         (5)  GUIDING PRINCIPLES.--In the future, it shall be

31  the policy of the Criminal Justice Standards and Training

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    Florida House of Representatives - 1999              CS/HB 713

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  1  Commission to approve public criminal justice training

  2  programs based upon the principle that programs that serve

  3  students who have received a high school diploma, or its

  4  equivalent, or who have left the secondary school system,

  5  shall be administered under the governance of Florida's

  6  Community College System or State University System. Those

  7  programs that serve students in high school shall be

  8  administered under the governance of the appropriate public

  9  school system. Students enrolled for these purposes may

10  qualify under dual enrollment provisions.

11         Section 2.  Subsection (3) of section 943.13, Florida

12  Statutes, is amended to read:

13         943.13  Officers' minimum qualifications for employment

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

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

16  law enforcement officer, correctional probation officer, or

17  correctional officer; including any person employed on or

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

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

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

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

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

23  county commission, or to the Correctional Privatization

24  Commission must shall:

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

26  the commission has defined the term by rule; however, any

27  person who applies to sit for the Law Enforcement Officer

28  Certification Exam on or after January 1, 2005, must have

29  earned an associate degree or its equivalent, as defined by

30  rules adopted by the Criminal Justice Standards and Training

31  Commission. A person may sit for the Law Enforcement Officer

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  1  Certification Exam after January 1, 2005, if the person is

  2  enrolled in an associate degree program.  Such certification

  3  shall be revoked if the person does not complete an associate

  4  degree within 5 years from the date of taking the exam.

  5         Section 3.  Paragraphs (g) and (h) are added to

  6  subsection (1) of section 943.17, Florida Statutes, 1998

  7  Supplement, to read:

  8         943.17  Basic recruit, advanced, and career development

  9  training programs; participation; cost; evaluation.--The

10  commission shall, by rule, design, implement, maintain,

11  evaluate, and revise job-related curricula and performance

12  standards for basic recruit, advanced, and career development

13  training programs and courses.  The rules shall include, but

14  are not limited to, a methodology to assess relevance of the

15  subject matter to the job, student performance, and instructor

16  competency. Notwithstanding ss. 229.551(1)(g), 230.02, 230.35,

17  230.64, 239.115(2), and 240.115(1)(a)-(c) and (2), or any

18  other provision of law to the contrary, all basic recruit,

19  advanced, career development, and continuing training courses

20  and programs offered in public criminal justice training

21  schools shall be conducted by Florida community colleges,

22  except that those state agencies and local law enforcement

23  agencies that are currently certified by the commission to

24  offer such training will be allowed to continue. Basic recruit

25  training included in a law enforcement officer program shall

26  be the equivalent of 30 college credits towards an associate

27  in science degree, of which at least 15 college credits may be

28  awarded as credit towards an associate in arts degree. Basic

29  recruit training included in a correctional officer program

30  shall be the equivalent of 24 college credits towards an

31  associate in science degree, of which at least 12 college

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  1  credits may be awarded as credit towards an associate in arts

  2  degree.

  3         (1)  The commission shall:

  4         (g)  Provide for consistency and articulation between

  5  community college basic recruit and training programs

  6  specified by the commission and companion bachelor's degree

  7  programs offered by state universities and independent

  8  colleges and universities.

  9         (h)  Establish, in consultation with the State Board of

10  Community Colleges, an associate in science degree in the area

11  of criminal justice which articulates with a corresponding

12  bachelor's degree program. Both the associate in science

13  degree and the companion bachelor's degree must include basic

14  training as a requirement, which may be fulfilled by transfer

15  of credit from a community college.

16         Section 4.  Subsection (4) is added to section 943.31,

17  Florida Statutes, to read:

18         943.31  Legislative intent.--It is the intent of the

19  Legislature to:

20         (4)  Provide for consistency and articulation between

21  community college basic recruit and training programs

22  specified by the Criminal Justice Standards and Training

23  Commission and companion bachelor's degree programs offered by

24  state universities or independent colleges and universities.

25         Section 5.  This act shall take effect upon becoming a

26  law.

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